FAIR WORK ACT 1994 - SECT 5
FAIR WORK ACT 1994 - SECT 5
(1) A person is an
outworker if—
(a) the
person is engaged, for the purposes of the trade or business of
another (the "employer") to—
(i)
work on, process, clean or pack articles or materials; or
(ii)
carry out clerical work; or
(b) a
body corporate of which the person is an officer or employee and for which the
person personally performs all or a substantial part of the work undertaken by
the body corporate is engaged, for the purposes of the trade or
business of another (the "employer") to—
(i)
work on, process, clean or pack articles or materials; or
(ii)
carry out clerical work,
and the work is carried out in or about a private residence or other premises
that would not conventionally be regarded as being a place where business or
commercial activities are carried out.
(2) A person is also
an outworker if—
(a) the
person is engaged, for the purposes of the trade or business of
another (the "employer") to—
(i)
negotiate or arrange for the performance of work by
outworkers; or
(ii)
distribute work to, or collect work from, outworkers; or
(b) a
body corporate of which the person is an officer or employee and for which the
person personally performs all or a substantial part of the work undertaken by
the body corporate is engaged, for the purposes of the trade or
business of another (the "employer") to—
(i)
negotiate or arrange for the performance of work by
outworkers;
(ii)
distribute work to, or collect work from, other
outworkers.
(3) To avoid doubt, a
person who is engaged by another person to clean the private residence of a
third person is not an outworker under this section.
(4) Apart from this
Chapter, the other provisions of this Act apply to outworkers if (and only
if)—
(a) a
provision of an award or enterprise agreement relates to outworkers; or
(b) a
regulation made for the purposes of this subsection extends the application of
this Act to, or in relation to, outworkers,
and then, in such a case, the Act will apply in all respects to the relevant
outworkers.
(5) A regulation made
for the purposes of subsection (4) cannot come into operation until the
time has passed during which the regulation may be disallowed by resolution of
either House of Parliament.