789DCPersons on whom obligations may be imposed by TCF outwork code

789DC Persons on whom obligations may be imposed by TCF outwork code

(1) The TCF outwork code may only impose obligations on a person if one or more of subsections (2) to (5) applies to the person.

Note: See also subsection (6), which limits the matters in relation to which obligations may be imposed.

(2) This subsection applies to a person if the person is a national system employer that employs TCF outworkers.

Note: For the purpose of this Division, the effect of Division 2 must be taken into account in determining whether a person is a national system employer that employs TCF outworkers.

(3) This subsection applies to a person if:

(a) the person is a Commonwealth outworker entity; and

(b) the person arranges for TCF work to be performed (directly or indirectly):

(i) for the person; and

(ii) if the person is a constitutional corporation—for the purposes of a business undertaking of the corporation; and

(c) the work:

(i) is to be performed by TCF outworkers; or

(ii) is of a kind often performed by TCF outworkers.

Note: See section 17A for when a person arranges for TCF work to be performed directly or indirectly for the person.

(4) This subsection applies to a person if:

(a) the person arranges for TCF work to be performed; and

(b) the work:

(i) is to be performed by TCF outworkers; or

(ii) is of a kind often performed by TCF outworkers; and

(c) the work is to be performed indirectly:

(i) for another person, being a Commonwealth outworker entity; and

(ii) if that Commonwealth outworker entity is a constitutional corporation—for the purposes of a business undertaking of that corporation.

(5) This subsection applies to a person if the person is a constitutional corporation that sells goods produced by TCF work.

(6) The capacity for the TCF outwork code to impose obligations on a person is subject to the following limitations:

(a) the obligations that may be imposed on a person because subsection (2) applies to the person are limited to obligations relating to the person’s employment of TCF outworkers;

(b) the obligations that may be imposed on a person because subsection (3) applies to the person are limited to obligations relating to TCF work (or an arrangement for TCF work) because of which that subsection applies to the person;

(c) the obligations that may be imposed on a person because subsection (4) applies to the person are limited to obligations relating to TCF work (or an arrangement for TCF work) because of which that subsection applies to the person;