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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Outworkers and Contractors Legislation
Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--OUTWORKERS (IMPROVED PROTECTION)
ACT 2003 3
3 Definition 3
4 Minimum conditions for outworkers 3
PART 3--OWNER DRIVERS AND FORESTRY
CONTRACTORS ACT 2005 5
5 Payment in lieu of notice 5
PART 4--REPEAL OF AMENDING ACT 6
6 Repeal of Act 6
ENDNOTES 7
561045B.I-22/5/2007 i BILL LA INTRODUCTION 22/5/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Outworkers and Contractors
Legislation Amendment Bill 2007
A Bill for an Act to amend the Outworkers (Improved Protection)
Act 2003 and the Owner Drivers and Forestry Contractors Act
2005 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Outworkers (Improved
5 Protection) Act 2003 to ensure that
Victorian outworkers continue to enjoy the
same standard of wages and conditions as
federal award employees;
561045B.I-22/5/2007 1 BILL LA INTRODUCTION 22/5/2007
Outworkers and Contractors Legislation Amendment Bill 2007
Part 1--Preliminary
s. 2
(b) to amend the Owner Drivers and Forestry
Contractors Act 2005 in relation to
payment in lieu of notice in respect of fixed
overhead costs.
5 2 Commencement
(1) This Act (except Parts 2 and 3) comes into
operation on the day on which it receives the
Royal Assent.
(2) Part 2 (except section 4(2)) is deemed to have
10 come into operation on 27 March 2006.
(3) Subject to subsection (4), Part 3 and section 4(2)
come into operation on a day or days to be
proclaimed.
(4) If a provision referred to in subsection (3) does
15 not come into operation before 1 January 2008, it
comes into operation on that day.
__________________
561045B.I-22/5/2007 2 BILL LA INTRODUCTION 22/5/2007
Outworkers and Contractors Legislation Amendment Bill 2007
Part 2--Outworkers (Improved Protection) Act 2003
s. 3
PART 2--OUTWORKERS (IMPROVED PROTECTION)
ACT 2003
3 Definition
In section 3 of the Outworkers (Improved See:
Act No.
5 Protection) Act 2003 insert the following 22/2003
definition-- and
amending
Act Nos
"Australian Fair Pay and Conditions Standard 107/2004,
has the same meaning as it has in the 108/2004,
9/2005,
Commonwealth Act;". 18/2005 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
10 4 Minimum conditions for outworkers
(1) For section 14A(1) of the Outworkers
(Improved Protection) Act 2003 substitute--
"(1) An outworker engaged by a person is entitled
to the same benefits, terms and conditions as
15 he or she would, if he or she were an
employee of the person, have under--
(a) any federal award applicable to the
clothing industry if the person were
bound by the award; and
20 (b) the Australian Fair Pay and Conditions
Standard.".
(2) For section 14A(2) of the Outworkers
(Improved Protection) Act 2003 substitute--
"(2) A person who engages an outworker must
25 not provide a benefit, term or condition of
engagement to the outworker that is less than
a benefit, term or condition that, if the
outworker were an employee of the person,
would apply under--
561045B.I-22/5/2007 3 BILL LA INTRODUCTION 22/5/2007
Outworkers and Contractors Legislation Amendment Bill 2007
Part 2--Outworkers (Improved Protection) Act 2003
s. 4
(a) any federal award applicable to the
clothing industry if the person were
bound by the award; and
(b) the Australian Fair Pay and Conditions
5 Standard.
Penalty: 120 penalty units.".
(3) In section 14A(3) of the Outworkers (Improved
Protection) Act 2003, after "or imposed by"
insert "or under".
__________________
561045B.I-22/5/2007 4 BILL LA INTRODUCTION 22/5/2007
Outworkers and Contractors Legislation Amendment Bill 2007
Part 3--Owner Drivers and Forestry Contractors Act 2005
s. 5
PART 3--OWNER DRIVERS AND FORESTRY
CONTRACTORS ACT 2005
5 Payment in lieu of notice
In section 22(4) of the Owner Drivers and See:
Act No.
5 Forestry Contractors Act 2005-- 49/2005.
Law Today:
(a) in paragraph (a), for "fixed" substitute www.
legislation.
"variable"; vic.gov.au
(b) for paragraph (b) substitute--
"(b) if the relevant vehicle or motorised
10 equipment is not subject to finance
arrangements at the time of termination,
the amount of--
(i) overhead costs for finance
arrangements for a vehicle or
15 motorised equipment; and
(ii) variable overhead costs--
as provided in the most recent
applicable rates and costs schedule that
would be payable over the minimum
20 required period of notice.".
__________________
561045B.I-22/5/2007 5 BILL LA INTRODUCTION 22/5/2007
Outworkers and Contractors Legislation Amendment Bill 2007
Part 4--Repeal of amending Act
s. 6
PART 4--REPEAL OF AMENDING ACT
6 Repeal of Act
This Act is repealed on 1 January 2009.
561045B.I-22/5/2007 6 BILL LA INTRODUCTION 22/5/2007
Outworkers and Contractors Legislation Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561045B.I-22/5/2007 7 BILL LA INTRODUCTION 22/5/2007
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