Attachment B1 State Legislation provisions for TCF outworkers NSW QLD SA VIC TAS Applicable legislation Industrial Relations Act 1996 Industrial Relations Act 1999 Fair Work Act 1994 (SA) Outworkers (Improved The Industrial Relations Act (NSW) (Qld) Protection) Act 2003 (Vic) 1984 (Tas) Deems outworkers to be Yes Yes Yes Yes Yes employees If covered by an outworker For long service leave, provision in an award or WHS, public holidays; enterprise agreement. minimum entitlements apply ‘as if’ employees. Provisions for recovery of Yes Yes Yes Yes No unpaid remuneration up the supply chain Outworker may claim unpaid Outworker may claim unpaid Outworker may claim unpaid Outworker may claim unpaid However, there is a capacity remuneration from person remuneration from person remuneration from person remuneration from person to recover money under they believe is their employer they believe is their employer they believe is their they believe is their general employment law. within six months. within six months. employer within six months. employer within six months.
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.
Fair-Work-Amendment-Textile-Clothing-and-Footwear-Industry-Act-2012-PIR.docx