Textile, Clothing, Footwear and Associated Industries Award 2010 - Schedule F Schedule F to the TCF Award applies to both employee and contract outworkers and varies the terms of the award for outworkers engaged in the textile, clothing and footwear industry. Employing or Contracting Recovery of Money The award requires that a person engaging an outworker must provide wages and conditions no less favourable than those listed in Schedule F. These provisions include: a requirement for written agreements, entitlement to the NES, minimum hours of engagement, limits for work of weekends and public holidays, payment, stand down and dispute resolution. The award provides a mechanism by which unpaid remuneration can be claimed directly from principals* and also from apparent principals** (who would not otherwise be liable). Unpaid remuneration includes any amount payable to the worker that has not been paid, including commissions, leave and other entitlements, as well as reimbursements and compensation for expenses incurred or losses sustained. *A principal is an employer or an ‘outworker entity’ within the meaning of the FW Act. They are directly liable for unpaid remuneration. **An apparent principal is a principal the outworker believes they carried out work for. They can also be liable for unpaid remuneration.
Attachment B1 State Legislation provisions for TCF outworkers NSW QLD SA VIC TAS Applicable legislation Industrial Relations Act 1996 (NSW) Industrial Relations Act 1999 (Qld) Fair Work Act 1994 (SA) Outworkers (Improved Protection) Act 2003 (Vic) The Industrial Relations Act 1984 (Tas) Deems outworkers to be employees Yes Yes Yes If covered by an outworker provision in an award or enterprise agreement. Yes For long service leave, WHS, public holidays; minimum entitlements apply ‘as if’ employees. Yes Provisions for recovery of unpaid remuneration up the supply chain Yes Outworker may claim unpaid remuneration from person they believe is their employer within six months. Yes Outworker may claim unpaid remuneration from person they believe is their employer within six months. Yes Outworker may claim unpaid remuneration from person they believe is their employer within six months. Yes Outworker may claim unpaid remuneration from person they believe is their employer within six months. No However, there is a capacity to recover money under general employment law.
References Australian Broadcasting Corporation (18 August 2011) ‘The Campaign For Outworkers’, The 7:30 Report, Australian Broadcasting Association Asian Women at Work (2012) website, http://www.awatw.org.au/, visited 7 January 2013 Chamberlin M, Richardson F, Langton J (2012) ‘A TCF Industry Independent Review of Standard Time Information and Variables, unpublished. Council of Textile and Fashion Industries of Australia (2012), website, http://www.tfia.com.au, visited 8 January 2013. Cregan C. (2001) ‘Home Sweat Home’, Department of Management, University of Melbourne, Melbourne. Brotherhood of St Laurence. (2007) ‘Ethical Threads: Corporate Social Responsibility in the Australian Garment Industry’ Brotherhood of St Laurence, Victoria. Ethical Clothing Australia (2011) ‘Guide to Textile, Clothing, Footwear and Associated Industries Award -Helping You Meet Your Legal Obligations’, Ethical Clothing Australia. Fairwear (2012) ‘Inquiry into the Fair Work Amendment (Textile, Clothing & Footwear Industry) Bill 2011, Fairwear, http://www.senate.aph.gov.au/submissions, viewed 7 January 2013. Fairwear (2012) website, http://www.fairwear.org.au, viewed 7 January 2013. Institute of Public Affairs. ‘Outworkers Speak Out’, Institute of Public Affairs, http://www.tfia.com.au/about-tfia, visited 22 January 2013. International Employment Relations Association (2002) ‘International Employment Relations: Focus on the Pacific Rim’, University of Western Sydney, Printing Services, Sydney. Queensland Government (2012), website, http://www.justice.qld.gov.au, viewed 8 January 2013. Ramworth K. (2004) ‘Trading Away Our Rights: Women Working in Global Supply Chains’, Oxfam, Oxford, UK. Senate Economics Reference Committee (1996) ‘Outworkers in the Garment Industry’, Commonwealth of Australia, viewed 23 January 2013. Shorten B. (2012) ‘Fair Work Amendment (Textile, Clothing and Footwear Industry) Bill 2012: Second Reading , Commonwealth of Australia, Canberra.
TCFUA (2012), website, http://tcfua.org.au/outworkers/outworker-campaign, viewed 7 January 2013. TCFUA (2008) ‘Submission of the TCFUA to the Australian Industrial Relations Commission’, TCFUA, Melbourne. TCFUA (1995) ‘The Hidden Cost of Fashion: Report on the National Outwork Information Campaign, TCFUA, Sydney. Weller S. (2007) ‘Regulating Clothing Outworker: A Sceptic’s View’, Journal of Industrial Relations, http://jirsagepub.com, viewed 14 January 2013. Weller S. (2007) ‘Retailing, Clothing and Textiles Production in Australia’, Centre for Strategic Economic Studies, Victoria University, Melbourne.