Outworkers (Improved Protection) Act 2003

In this Act—

S. 3 def. of Australian Fair Pay and Conditions Standard inserted by No. 40/2007 s. 3, substituted by No. 24/2009 s. 19(1)(a).

Australian Fair Pay and Conditions Standard means the Australian Fair Pay and Conditions Standard that continues in existence under the Fair Work Transition Act;

S. 3 def. of clothing industry inserted by No. 9/2005 s. 4(1)(a).

clothing industry means the industry including wholly or partly designing, preparing, manufacturing, processing or finishing, or wholly or partly controlling, managing or supervising the designing, preparing, manufacturing, processing or finishing, of any type of garment, apparel or articles (such as aprons, all descriptions of whitework, including napery, sheets, pillow slips, pillow shams, diapers, handkerchiefs, towels, chenille bedspreads, mosquito nets, chenille bath mats, and when made into clothing or whitework establishment cot covers, blankets or bedspreads, scarves, collars, cuffs, neckware, muffs, rugs and mats such as are made in the establishment of a furrier from furred, haired or woollen skins, hats, caps, bonnets, berets or any other kind of headwear, umbrellas or parasols or the like), whether inside or outside of a factory or workroom;

clothing work means packing, processing or working on articles or material in the clothing industry;

Code of Practice Committee means the committee described in clause 5 of Part 2 of the Homeworkers Code;

S. 3 def. of common rule order repealed by No. 24/2009 s. 19(1)(b).

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S. 3 def. of Common-wealth Act repealed by No. 24/2009 s. 19(1)(c).

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S. 3 def. of Common-wealth Fair Work Act inserted by No. 24/2009 s. 19(2).

Commonwealth Fair Work Act means the Fair Work Act 2009 of the Commonwealth;

Council means Ethical Clothing Trades Council of Victoria established by section 15;

S. 3 def. of Department amended by No. 43/2012 s. 3(Sch. item 37).

Department means Department of Business and Innovation;

employer—

Note

Section 4(1)(b) provides that a person who engages an outworker is an employer.

S. 3 def. of Fair Work Transition Act inserted by No. 24/2009 s. 19(2).

Fair Work Transition Act means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth;

S. 3 def. of federal award substituted by No. 24/2009 s. 19(1)(d).

federal award means—

Homeworkers Code means the agreement, known as the Homeworkers Code of Practice, containing two parts and Part 2 of which was signed on behalf of the Textile Clothing and Footwear Union of Australia, the Council of the Textile and Fashion Industries Ltd, the Australian Chamber of Manufactures and the Australian Business Chamber and various individual companies in 1997;

information services officer means a person appointed under section 31;

S. 3 def. of interested organisation amended by No. 24/2009 s. 19(1)(e).

interested organisation means an organisation (other than within the meaning in this Act) that is representative of a significant number of employers in an industry or a range of industries;

lawful entitlements of an outworker means the entitlements conferred on the outworker by law, including any entitlements conferred by or under relevant industrial legislation or any other legislation;

mandatory code means the code of practice (if any) in force under Division 2 of Part 3;

member of the Council includes the chairperson;

S. 3 def. of National Employment Standards inserted by No. 24/2009 s. 19(2).

National Employment Standards has the same meaning as in the Commonwealth Fair Work Act;

S. 3 def. of organisation inserted by No. 24/2009 s. 19(2).

organisation has the same meaning as in the Commonwealth Fair Work Act;

outwork means clothing work contracted to be performed outside the contractor's factory or workshop;

S. 3 def. of outwork document amended by No. 24/2009 s. 19(1)(f).

outwork document means a document relating to the contracting out of clothing work and includes a document that is required to be kept by an employer or contractor by or under relevant industrial legislation;

S. 3 def. of outworker amended by No. 9/2005 s. 4(1)(b).

outworker means a person engaged, in or about a private residence or other premises that are not necessarily business or commercial premises, to perform clothing work;

S. 3 def. of payment of wages provisions inserted by No. 24/2009 s. 19(2).

payment of wages provisions means Division 2 of Part 2-9 of the Commonwealth Fair Work Act;

peak body means a body that is representative of a significant number of organisations representing employers, employees or outworkers in an industry or a range of industries;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 120.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of registered organisation repealed by No. 24/2009 s. 19(1)(g).

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S. 3 def. of relevant industrial legislation amended by No. 12/2018 s. 60(1).

relevant industrial legislation means—

Secretary means Secretary to the Department;

subordinate instrument has the meaning given by section 3 of the Interpretation of Legislation Act 1984.