Document ID: chunk:federal_register_of_legislation:F2017L01012:body:0:p7
Version: federal_register_of_legislation:F2017L01012
Segment Type: other
Provision Reference: 
Character Range: 16471–19270

32. Changes in colours, identifiers and patterns can detract from the design's ability to be easily recognised as approved occupational clothing and therefore also detract from its distinctive look.  It is expected that the overall look or concept of an approved occupational clothing design must be able to last between three to five years and not be changed merely to follow the latest fashions.

33. However, this requirement will not of itself prevent gradual changes to any design that does not disturb the overall look of that design, or prevent an employer totally changing its design(s) if it wishes to change its 'corporate' identity or consumer/public perceptions about the employing organisation or its employees.

Changes to Designs
34. Each change or variation of a design (but excluding changes of style only) must be approved by the administering authority.  Once a design is changed, either in total or just an item or two, it would be expected that the employer would, within a period of 12 months, request that the superseded design or items be removed from the Register.  The costs of rental, purchase or maintenance of the superseded design or items, incurred by employees, will cease to be eligible for tax deductibility from the date of the removal of the design or item from the Register.

35. It is therefore necessary for the employer to nominate which design or item is being replaced by the new variation.

36. Where a design change is proposed for more than one item of clothing, all changes must be presented for approval at the one time.

Accessories
37. Accessories such as belts, ties, handkerchiefs, long walk socks (for wearing with shorts), handbags, briefcases, trench coats, raincoats, scarves, tie pins/clips, scrunchies, bow ties, umbrellas, head/sweat bands and hats which are made of the same distinctively patterned fabrics as the other items in the design, or have a 'stand alone' identifier, will form part of the design.

38. Shoes, short socks, stockings and underwear will not form part of approved occupational clothing in any circumstance.

DEFINITIONS

Class of Employees

39. Class of employees is a class of employees based on the level or category of work.

Employee
40.  Employee in subsection 34-5(1) of the Act includes 'an individual who is an employee as well as an individual who receives, or is entitled to receive, withholding payments covered by subsection 34-5(3) of the Act.  That subsection refers to withholding payments on payments to a company director or an  office holder as well as return to work payments and benefit, training and compensation payments.

Compulsory Occupational Clothing
41. Compulsory occupational clothing is clothing which is not conventional in nature and which an employer has prescribed in an express