Document ID: chunk:federal_register_of_legislation:C2004A01222:clause:2_541
Version: federal_register_of_legislation:C2004A01222
Segment Type: clause
Provision Reference: sch 2 cl 541
Character Range: 28814–31150

541  Minimum rate of pay

 (1) To the extent that work performed under and in accordance with a contract for services to which a contract outworker is a party is work that:
 (a) is performed by:
 (i) the contract outworker; or
 (ii) one or more other individuals who are not parties to the contract; and
 (b) satisfies the criteria in subsection (2);
a person who is obliged under the contract to pay for the work performed must pay the contract outworker and each other individual not less than the statutory amount calculated under subsection (3) for his or her work.

 (2) The criteria are:
 (a) the work is performed in Victoria; and
 (b) the work comprises packing, processing or otherwise working on articles or materials for the textile, clothing or footwear industry; and
 (c) the work is performed in or about:
 (i) private residential premises; or
 (ii) premises that are not business or commercial premises of anyone who is obliged under the contract to pay for the work performed.

 (3) The statutory amount owed to the contract outworker and each other individual is the amount that he or she would have been entitled to be paid because of clause 1 of Schedule 1A for the work mentioned in subsection (1) if he or she had performed the work as an employee in or about any premises in Victoria.

 (4) For the purposes of subsection (3), disregard provisions in clause 1 of Schedule 1A that deal with paid leave.

 (6) A person may discharge an obligation under subsection (1) to pay an amount to an individual other than a contract outworker by paying the amount to the contract outworker on behalf of the individual.

 (7) To avoid doubt, the obligation imposed by subsection (1) on a person to pay not less than the statutory amount for work performed under a contract for services does not apply to that person to the extent that the obligation relates to work performed under another contract for services.

Example: A person (the head contractor) enters into a contract for services with a contract outworker under which the contract outworker is to make shirts. If the contract outworker subcontracts some of that work to other contract outworkers and agrees to pay them for that work, it is the subcontractor who is subject to the obligation in subsection (1) and not the head contractor.

Subdivision C—Inspectors