Document ID: chunk:federal_register_of_legislation:F2022L01529:reg:6
Version: federal_register_of_legislation:F2022L01529
Segment Type: reg
Provision Reference: reg 6
Character Range: 3007–5440

6  Scheme for assistance of workers who were not employees—TCF contract outworkers
 (1) This section applies in relation to a TCF contract outworker.
 (2) For the purposes of subsection 50(1) of the Act, the specified person for a TCF contract outworker is a person:
 (a) for whom the TCF contract outworker performed work directly (within the meaning of section 17A of the Fair Work Act 2009) in the capacity of an outworker; and
 (b) who owes the TCF contract outworker an amount for that work; and
 (c) who is insolvent or is reasonably expected to become insolvent.
 (3) For the purposes of subsections 50(1) and (2) of the Act, this instrument:
 (a) sets out a scheme for:
 (i) providing, directly or indirectly to TCF contract outworkers who are owed amounts for work they did for a person specified in subsection (2) of this section (except as employees of the person) who is insolvent, financial assistance relating to those amounts; and
 (ii) recovering amounts of that financial assistance; and
 (b) provides for other matters related to the scheme.
 (4) The scheme and the other matters consist of the provisions of Parts 1 to 7 of the Act (the Act provisions), modified in accordance with:
 (a) Schedule 1 to this instrument; and
 (b) subject to the modifications in Schedule 1 to this instrument—subsection (5) of this section.
Note: Schedule 1 contains specific modifications of particular provisions of the Act that apply in addition to the general modifications in subsection (5) of this section.
 (5) For the purposes of paragraph (4)(b), the modifications are as follows:
 (a) the scheme applies in relation to a TCF contract outworker in the same way as the Act provisions apply to an employee or former employee;
 (b) the scheme applies to the specified person for a TCF contract outworker in the same way as the Act provisions apply to the employer of an employee;
 (c) the scheme applies to work done by a TCF contract outworker, and to the engagement of a TCF contract outworker, (otherwise than as an employee) in the same way as the Act provisions apply to the employment of an employee;
 (d) the scheme applies in relation to the TCF contract outworker entitlements (within the meaning of the scheme) of a TCF contract outworker in the same way as the Act provisions apply to the employment entitlements of an employee;
 (e) a reference in the Act provisions to the Act includes a reference to the scheme.