pay or conditions of outworkers. (3) The following terms of a modern award are outworker terms: (a) terms referred to in subsection (1); (b) terms that are incidental to terms referred to in subsection (1), included in the modern award under subsection 142(1); (c) machinery terms in relation to terms referred to in subsection (1), included in the modern award under subsection 142(2).’ In particular, a modern award can include terms relating to the conditions under which an employer may employ employees who are outworkers; and terms relating to the conditions under which an outworker entity may arrange for work to be performed for the entity (either directly or indirectly) by outworkers. The Textile, Clothing, Footwear and Associated Industries Award 2010 (TCF Award), made under the Fair Work Act, commenced on 1 January 2010. The TCF Award establishes the minimum terms and conditions applicable to workers, including contract and employee outworkers in the textile, clothing and footwear industry. Before the establishment of the TCF Award, these minimum terms and conditions of employment were established by legislation and State and Federal Awards covering particular sections of the industry (e.g. the Clothing Trades Award 1999 (Cth)). In the Federal jurisdiction, minimum terms and conditions were also provided by the Workplace Relations Act 1996 and outworker terms have been allowable matters under legislation since 1997. Two yearly review In the Fair Work Commission’s decision for the TCF Award in the Two Yearly Review of Modern Awards, the Full Bench noted that: “Special provisions for outworkers have existed in federal awards for decades. The current scheme broadly owes its origins to a 1987 decision by Deputy President Riordan.” “Deputy President Riordan was particularly concerned with the use of complex contractual arrangements in a way that facilitated widespread avoidance or evasion of duties and obligations imposed by the award. The Deputy President inserted a set of provisions specific to outworkers into the Clothing Trades Award 1982 which, in modified form, continues to exist until the creation of the modern award. These included provisions with regard to record keeping and specific enforcement mechanisms. They also included detailed provisions aimed at ensuring regularity of hours and minimum levels of income.” Within the TCF Award, Schedule F sets out specific provisions dealing with the unique conditions of engagement of outworkers in the TCF industry. In summary Schedule F:
pay or conditions of outworkers. (3) The following terms of a modern award are outworker terms: (a) terms referred to in subsection (1); (b) terms that are incidental to terms referred to in subsection (1), included in the modern award under subsection 142(1); (c) machinery terms in relation to terms referred to in subsection (1), included in the modern award under subsection 142(2).’ In particular, a modern award can include terms relating to the conditions under which an employer may employ employees who are outworkers; and terms relating to the conditions under which an outworker entity may arrange for work to be performed for the entity (either directly or indirectly) by outworkers. The Textile, Clothing, Footwear and Associated Industries Award 2010 (TCF Award), made under the Fair Work Act, commenced on 1 January 2010. The TCF Award establishes the minimum terms and conditions applicable to workers, including contract and employee outworkers in the textile, clothing and footwear industry. Before the establishment of the TCF Award, these minimum terms and conditions of employment were established by legislation and State and Federal Awards covering particular sections of the industry (e.g. the Clothing Trades Award 1999 (Cth)). In the Federal jurisdiction, minimum terms and conditions were also provided by the Workplace Relations Act 1996 and outworker terms have been allowable matters under legislation since 1997. Two yearly review In the Fair Work Commission’s decision for the TCF Award in the Two Yearly Review of Modern Awards, the Full Bench noted that: “Special provisions for outworkers have existed in federal awards for decades. The current scheme broadly owes its origins to a 1987 decision by Deputy President Riordan.” “Deputy President Riordan was particularly concerned with the use of complex contractual arrangements in a way that facilitated widespread avoidance or evasion of duties and obligations imposed by the award. The Deputy President inserted a set of provisions specific to outworkers into the Clothing Trades Award 1982 which, in modified form, continues to exist until the creation of the modern award. These included provisions with regard to record keeping and specific enforcement mechanisms. They also included detailed provisions aimed at ensuring regularity of hours and minimum levels of income.” Within the TCF Award, Schedule F sets out specific provisions dealing with the unique conditions of engagement of outworkers in the TCF industry. In summary Schedule F: