Industrial Relations Act 2016

This section applies if—

all or any of the wages payable to an outworker in the clothing industry are not paid; or

all or any of the superannuation contributions payable for an outworker in the clothing industry are not paid.

The outworker may make a claim for the wages, or superannuation contributions, against a person who the outworker believes is the outworker’s employer (the apparent employer).

However, the claim can not be made against a person whose only connection with the clothing industry is the sale of clothing by retail.

A claim, to the extent it relates to wages, must be made within 6 months after the work was finished.

The outworker makes an unpaid wages claim by serving the apparent employer with a written notice that—

claims payment of the wages or superannuation contributions; and

states the following particulars—

the name of the outworker;

the address at which the outworker may be contacted;

a description of the work done;

the date on which the work was done;

the amount of wages owing;

the amount of superannuation contributions owing;

details of the approved superannuation fund to which superannuation contributions should have been paid, that are sufficiently detailed to enable the contributions to be properly paid.

The particulars stated in the claim must be verified by statutory declaration.