Victorian Consolidated Legislation

Outworkers (Improved Protection) Act 2003 - SECT 3

Definitions

3. Definitions

In this Act- Australian Fair Pay and Conditions Standard means the Australian
Fair Pay and Conditions Standard that continues in existence under the Fair
Work Transition Act;

clothing industry means the industry including wholly or partly designing,
preparing, manufacturing, processing or finishing, or wholly or partly
controlling, managing or supervising the designing, preparing, manufacturing,
processing or finishing, of any type of garment, apparel or articles (such as
aprons, all descriptions of whitework, including napery, sheets, pillow slips,
pillow shams, diapers, handkerchiefs, towels, chenille bedspreads, mosquito
nets, chenille 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 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 workroom; clothing work means packing, processing
or working on articles or material in the clothing industry; Code of Practice
Committee means the committee described in clause 5 of Part 2 of the
Homeworkers Code;

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Commonwealth Fair Work Act means the Fair Work Act 2009 of the Commonwealth;



Council means Ethical Clothing Trades Council of Victoria established by
section 15; Department means Department of Innovation, Industry and Regional
Development; employer-

   (a)  includes-

   (i)  a person who is usually an employer; and

   (ii) an unincorporated club;

   (b)  in Division 2 of Part 2, does not include a person whose sole business
        in connection with the clothing industry is the sale of clothing by
        retail; Note Section 4(1)(b) provides that a person who engages an
        outworker is an employer. Fair Work Transition Act means the
        Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
        of the Commonwealth; federal award means-

   (a)  an award that is a transitional instrument that continues in existence
        under the Fair Work Transition Act;

   (b)  a transitional award or common rule that continues in existence under
        the Fair Work Transition Act;

   (c)  any other award-based transitional instrument under the Fair Work
        Transition Act;

   (d)  any award that is taken to be a modern award under the Fair Work
        Transition Act;

   (e)  any other modern award, within the meaning of the Commonwealth
        Fair Work Act; Homeworkers Code means the agreement, known as the
        Homeworkers Code of Practice, containing two parts and Part 2 of which
        was signed on behalf of the Textile Clothing and Footwear Union of
        Australia, the Council of the Textile and Fashion Industries Ltd, the
        Australian Chamber of Manufactures and the Australian Business Chamber
        and various individual companies in 1997; information services officer
        means a person appointed under section 31; interested organisation
        means an organisation (other than within the meaning in this Act) that
        is representative of a significant number of employers in an industry
        or a range of industries; lawful entitlements of an outworker means
        the entitlements conferred on the outworker by law, including any
        entitlements conferred by or under relevant industrial legislation or
        any other legislation; mandatory code means the code of practice (if
        any) in force under Division 2 of Part 3; member of the Council
        includes the chairperson; National Employment Standards has the same
        meaning as in the Commonwealth Fair Work Act;

organisation has the same meaning as in the Commonwealth Fair Work Act;

outwork means clothing work contracted to be performed outside the
contractor's factory or workshop; outwork document means a document relating
to the contracting out of clothing work and includes a document that is
required to be kept by an employer or contractor by or under relevant
industrial legislation; outworker means a person engaged, in or about a
private residence or other premises that are not necessarily business or
commercial premises, to perform clothing work; payment of wages provisions
means Division 2 of Part 2-9 of the Commonwealth Fair Work Act;

peak body means a body that is representative of a significant number of
organisations representing employers, employees or outworkers in an industry
or a range of industries;

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relevant industrial legislation means-

   (a)  this Act;

   (b)  the Long Service Leave Act 1992;

   (c)  the Public Holidays Act 1993;

   (d)  regulations and other subordinate instruments made under an Act
        specified in paragraph (a), (b) or (c); Secretary means Secretary to
        the Department; subordinate instrument has the meaning given by
        section 3 of the Interpretation of Legislation Act 1984.
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