Victorian Consolidated Legislation

Outworkers (Improved Protection) Act 2003 - SECT 14A

Minimum conditions for outworkers

14A. Minimum conditions for outworkers





(1) An outworker engaged by a person is entitled to the same benefits, terms
and conditions as 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 or the award applied to the person; and

   (b)  the Australian Fair Pay and Conditions Standard; and

   (c)  the National Employment Standards; and



   (d)  the payment of wages provisions.





(2) A person who engages an outworker must 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-

   (a)  any federal award applicable to the clothing industry if the person
        were bound by the award or the award applied to the person; and

   (b)  the Australian Fair Pay and Conditions Standard; and

   (c)  the National Employment Standards; and





   (d)  the payment of wages provisions.

Penalty: 120 penalty units.

(3) An entitlement otherwise conferred by subsection (1) or an obligation
otherwise imposed by subsection (2) does not apply if the same kind of
entitlement or obligation is conferred or imposed by or under a federal award
or an Act of the Commonwealth.

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