Part 3AOutworkers

Part 3A—Outworkers 99A—Interpretation apparent responsible contractor—see section 99D; code of practice means the code of practice in operation under Division 2 (if any); remuneration includes— (a) any remuneration or other amount, including commission, payable in relation to work done by an outworker; (b) any amount payable to an outworker in respect of annual leave or long service leave; (c) any amount for which an outworker is entitled to be reimbursed or compensated for under the code of practice; unpaid remuneration means remuneration that is the subject of a claim under section 99D. 99B—Responsible contractors (1) Subject to this section, a person will be taken to be a responsible contractor in relation to an outworker or a group of outworkers engaged (or previously engaged) under a contract of employment with someone else if the person is a person who initiates an order for the relevant work (other than (if relevant) as a purchaser at the point of sale by retail), or distributes the relevant work (even though there may then be a series of contracts before the work is actually performed by the outworker or outworkers). (2) The fact that a person is to be taken to be a responsible contractor for the purposes of this Part does not affect any obligation of another person as an employer under a contract of employment. (3) A person whose sole business in connection with the clothing industry is the sale of clothing (and associated items) by retail will not be taken to be a responsible contractor under this section (but may be taken to be an employer under a contract of employment between the person and an outworker). Division 2—Code of practice 99C—Code of practice (1) The Governor may, by regulation, establish a code of practice for the purpose of ensuring that outworkers are treated fairly in a manner consistent with the objects of this Act. (2) The code of practice may make different provision according to the matters or circumstances to which they are expressed to apply. (3) The code of practice may apply, adopt or incorporate, with or without modification, a standard or other document prepared or published by a body specified in the code, as in force at a particular time or as in force from time to time. (4) A code of practice may— (a) require employers or other persons engaged in an industry, or a sector of an industry, specified or described in the code to adopt the standards of conduct and practice with respect to outworkers set out in the code; and (b) make arrangements relating to the remuneration of outworkers, including by specifying matters for which an outworker is entitled to be reimbursed or compensated for with respect to his or her work or status as an outworker; and (c) make provision to assist outworkers to receive their lawful entitlements; and (d) make such other provision in relation to the work or status of outworkers as the Governor thinks fit. (5) SAET may make an award incorporating any term of the code of practice or make any other provision to give effect to the code of practice. (6) Subsection (5) does not limit the powers of SAET to make awards that relate to outworkers under the other provisions of this Act. (7) If there is an inconsistency between an award and the code of practice, the award prevails to the extent of the inconsistency.