Document ID: chunk:federal_register_of_legislation:F2022L01529:clause:1_1
Version: federal_register_of_legislation:F2022L01529
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 5946–7708

1  Section 5
Insert:
outworker has the same meaning as in the Fair Work Act 2009.
specified person, in relation to a TCF contract outworker, means 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.
Note: A reference in this scheme to an employer of an employee is, if the reference is not modified by Schedule 1 to the Fair Entitlements Guarantee Regulations 2022, generally a reference to the specified person for a TCF contract outworker (see paragraph 6(5)(b) of those regulations).
TCF contract outworker means an individual who does, or has done, work as an outworker in the textile, clothing or footwear industry otherwise than as an employee.
Note: A reference in this scheme to an employee is, if the reference is not modified by Schedule 1 to the Fair Entitlements Guarantee Regulations 2022, generally a reference to a TCF contract outworker (see paragraph 6(5)(a) of those regulations).
TCF contract outworker entitlements means a TCF contract outworker's entitlements, under the TCF contract outworker's governing instrument, to:
 (a) annual leave entitlements; or
 (b) long service leave entitlements; or
 (c) payment in lieu of notice entitlements; or
 (d) redundancy pay entitlements; or
 (e) wages entitlements.
Note: A reference in this scheme to employment entitlements is, if the reference is not modified by Schedule 1 to the Fair Entitlements Guarantee Regulations 2022, generally a reference to TCF contract outworker entitlements (see paragraph 6(5)(d) of those regulations).