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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Outworkers (Improved Protection) (Amendment)
Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Definitions 2
5. Liability of apparent employer 3
6. Liability of principal contractor for remuneration payable to
outworkers of subcontractor 3
7. New Division 3 inserted in Part 2 4
Division 3--Minimum Conditions 4
14A. Minimum conditions for outworkers 4
8. Updating a reference to the Commonwealth Act 4
9. Regulations 5
ENDNOTES 6
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PARLIAMENT OF VICTORIA
A BILL
to amend the Outworkers (Improved Protection) Act 2003 to ensure
that outworkers receive the minimum entitlements contained in any
relevant federal awards and for other purposes.
Outworkers (Improved Protection)
(Amendment) Act 2005
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Outworkers (Improved Protection) Act 2003 to
ensure that outworkers receive the minimum
entitlements contained in any relevant federal
5
awards.
2. Commencement
This Act comes into operation on 1 August 2005.
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551294B.I1-22/2/2005 BILL LA INTRODUCTION 22/2/2005
Outworkers (Improved Protection) (Amendment) Act 2005
s. 3
Act No.
3. Principal Act
See: In this Act, the Outworkers (Improved
Act No.
Protection) Act 2003 is called the Principal Act.
22/2003 as
amended by
Act No.
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Definitions
(1) In section 3 of the Principal Act--
5
(a) before the definition of "clothing work"
insert--
' "clothing industry" means the industry
including wholly or partly designing,
preparing, manufacturing, processing or
10
finishing, or wholly or partly
controlling, managing or supervising
the designing, preparing,
manufacturing, processing or finishing,
of any type of garment, apparel or
15
articles (such as aprons, all descriptions
of whitework, including napery, sheets,
pillow slips, pillow shams, diapers,
handkerchiefs, towels, chenille
bedspreads, mosquito nets, chenille
20
bath mats, and when made into clothing
or whitework establishment cot covers,
blankets or bedspreads, scarves, collars,
cuffs, neckware, muffs, rugs and mats
such as are made in the establishment
25
of a furrier from furred, haired or
woollen skins, hats, caps, bonnets,
berets or any other kind of headwear,
umbrellas or parasols or the like),
whether inside or outside of a factory or
30
workroom;';
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Outworkers (Improved Protection) (Amendment) Act 2005
s. 5
Act No.
(b) in the definition of "outworker", omit "for
someone else's business,".
(2) At the end of section 5 of the Principal Act
insert--
"(2) For the avoidance of doubt, a reference in
5
this Division to remuneration includes a
reference to any amount to which an
outworker is entitled in accordance with
section 14A(1).".
5. Liability of apparent employer
10
After section 7(4) of the Principal Act insert--
"(5) An apparent employer cannot refer an unpaid
remuneration claim under this section to a
person that is a business or body corporate
owned or managed by the outworker who
15
made the claim.".
6. Liability of principal contractor for remuneration
payable to outworkers of subcontractor
(1) In section 12(4) of the Principal Act, after "this
section" insert "as if a reference in those sections
20
to an employer were a reference to the principal
contractor".
(2) After section 14(2) of the Principal Act insert--
"(3) A principal contractor is not excluded from
liability for the payment of any remuneration
25
of a relevant outworker under section 12
only because the subcontractor is a business
or body corporate owned or managed by the
relevant outworker.".
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Outworkers (Improved Protection) (Amendment) Act 2005
s. 7
Act No.
7. New Division 3 inserted in Part 2
After Division 2 of Part 2 of the Principal Act
insert--
"Division 3--Minimum Conditions
14A. Minimum conditions for outworkers
5
(1) An outworker engaged by a person is entitled
to the same benefits, terms and conditions as
those that would apply under any federal
award applicable to the clothing industry if
the person were bound by the award and the
10
outworker were an employee of the person.
(2) A person who engages an outworker must
not provide a condition of employment to the
outworker that is less than a condition that
would apply under any federal award
15
applicable to the clothing industry if the
person were bound by the award and the
outworker were an employee of the person.
Penalty: 120 penalty units.
(3) An entitlement otherwise conferred by
20
sub-section (1) or an obligation otherwise
imposed by sub-section (2) does not apply if
the same kind of entitlement or obligation is
conferred or imposed by a federal award or
an Act of the Commonwealth.".
25
8. Updating a reference to the Commonwealth Act
In section 42(3)(b) of the Principal Act, for
"conscientious objection certificate under
section 267 of the Commonwealth Act" substitute
"certificate under section 180 of Schedule 1B to
30
the Commonwealth Act".
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Outworkers (Improved Protection) (Amendment) Act 2005
s. 9
Act No.
9. Regulations
(1) After section 65(1)(a) of the Principal Act
insert--
"(ab) requiring employers to provide records
referred to in paragraph (a) or copies of them
5
to specified persons or bodies;
(ac) requiring a person to enter a written
agreement with an outworker before
engaging the outworker and prescribing
matters to be included in that agreement;
10
(ad) requiring employers to lodge agreements
referred to in paragraph (ac) or copies of
them with specified persons or bodies;
(ae) requiring employers to give information to
outworkers and prescribing the content and
15
manner of giving that information;
(af) requiring persons intending to engage
outworkers to be registered with specified
persons or bodies;
(ag) providing mechanisms for the resolution of
20
disputes between employers and
outworkers;".
(2) In section 65(2) of the Principal Act--
(a) in paragraph (c), for "regulations."
substitute "regulations;";
25
(b) after paragraph (c) insert--
"(d) may confer a discretionary authority or
impose a duty on a specified person or
body or specified class of person or
body.".
30
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Outworkers (Improved Protection) (Amendment) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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