sec.389Mandatory code of practice for outworkers

### sec.389 Mandatory code of practice for outworkers The Governor in Council may make a code of practice for the purpose of ensuring outworkers in the clothing industry receive the outworkers’ lawful entitlements. In particular, the Governor in Council may make a code of practice if satisfied— current voluntary self-regulatory mechanisms are inadequate to achieve improvements in the level of compliance with obligations to ensure outworkers receive their lawful entitlements; or persons engaged in the clothing industry are not in good faith attempting to negotiate improvements or extensions to the current voluntary self-regulatory mechanisms. The code may require employers or other persons engaged in the clothing industry to adopt the standards of conduct and practice relating to outworkers in the clothing industry set out in the code. The Governor in Council must give written notice of the making of the code of practice. The written notice is subordinate legislation. A person must not contravene the code of practice. Maximum penalty—100 penalty units. An award prevails over a code of practice to the extent of any inconsistency. (sec.389-ssec.1) The Governor in Council may make a code of practice for the purpose of ensuring outworkers in the clothing industry receive the outworkers’ lawful entitlements. (sec.389-ssec.2) In particular, the Governor in Council may make a code of practice if satisfied— current voluntary self-regulatory mechanisms are inadequate to achieve improvements in the level of compliance with obligations to ensure outworkers receive their lawful entitlements; or persons engaged in the clothing industry are not in good faith attempting to negotiate improvements or extensions to the current voluntary self-regulatory mechanisms. (sec.389-ssec.3) The code may require employers or other persons engaged in the clothing industry to adopt the standards of conduct and practice relating to outworkers in the clothing industry set out in the code. (sec.389-ssec.4) The Governor in Council must give written notice of the making of the code of practice. (sec.389-ssec.5) The written notice is subordinate legislation. (sec.389-ssec.6) A person must not contravene the code of practice. Maximum penalty—100 penalty units. (sec.389-ssec.7) An award prevails over a code of practice to the extent of any inconsistency. - (a) current voluntary self-regulatory mechanisms are inadequate to achieve improvements in the level of compliance with obligations to ensure outworkers receive their lawful entitlements; or - (b) persons engaged in the clothing industry are not in good faith attempting to negotiate improvements or extensions to the current voluntary self-regulatory mechanisms.