Re-authorisation of The Homeworkers Code Of Practice
The Homeworkers Code of Practice is due to be re-authorised on 11 March 2013.
Ethical Clothing Australia (ECA) is applying for an extension of the Code, pending industry consultation regarding the recommended draft changes.
First among ECA's proposed amendments is a name change from "The Homeworkers Code of Practice" to "The Textile, Clothing and Footwear (Workers and Homeworkers) Code of Practice".
Click here to see ECA's draft proposal, noting all changes to the existing Code.
Were you aware that amendments were made on 22 March 2012 to the Fair Work Act (FWA), TCF provisions?
The modern award TCFAI MA000017 is also under review.
As a business owner or employer you must be familiar with labour laws and meet minimum working conditions. Failure to do so is a breach of the law and may result in serious penalties. The maximum penalty is $6,600 for individuals and $33,000 for corporations. Charges can be brought by the Fair Work Ombudsman or TCFUA.
For more info » www.fwa.gov.au
To track progress of Fair Work Amendment (Textile, Clothing and Footwear Industry) Bill 2012 » Click here
TCFAI MODERN AWARD 2010
The Textile, Clothing, Footwear and Associated Industries Award 2010 [MA000017] is currently under Review. The award covers employers throughout Australia in the textile, clothing, bag making, button making, footwear & allied manufacturing & fabricating industries & their employees engaged in duties covered by the classifications in this award including outworkers in Schedule F Outwork and Related Provisions.
The current MA000017 - Textile, Clothing, Footwear and Associated Industries Award 2010 can be downloaded from the FWA website here.
For the purposes of the Fair Work Act 2009 an outworker is:
- a contractor who works in the textile, clothing or footwear industry at residential premises or at other premises that would not conventionally be regarded as being business premises, or
- an employee who, for the purpose of business of his/her employer, works at residential premises (e.g. in their own home) that would not normally be regarded as being business premises.
Read more at www.fairwork.gov.au | Employment | Outworkers
RIGHT OF ENTRY
There are special right-of-entry provisions for suspected breaches in the textile, clothing and footwear industry (TCF).
A union official, who's entitled to represent TCF outworkers and who holds a permit, may enter a workplace to look into a suspected breach of:
- an award or agreement
- federal workplace relations laws that relate to TCF outworkers
- a designated outworker term in an instrument (e.g. award) that relates to TCF outworkers.
They don't need to give advance notice and may access records of non-union members if the records directly relate to the suspected breach.
FAIR WORK SYSTEM
The Fair Work system started on 01 July 2009 and was created by the Fair Work Act 2009. It covers the majority of workplaces in Australia.
Three bodies have roles in the system:
- Fair Work Australia
- Fair Work Ombudsman
- Fair Work Federal Divisions of the Federal Court and the Federal Magistrates Court.
From 01 January 2010, sole traders, partnerships, other unincorporated entities and non-trading corporations in NSW, Queensland, South Australia and Tasmania are covered by the national system rather than their own specific state system. Employers that were already operating under the national system continue to be covered (eg Pty Ltd businesses and employers in the ACT, NT and Victoria).
Read more at www.fairwork.gov.au | The Fair Work System
NATIONAL EMPLOYMENT STANDARDS (NES)
From 01 January 2010, employers and employees in the national workplace system are covered by the National Employment Standards (NES).
Under the NES, employees have certain minimum conditions. Together with pay rates in modern awards (which also generally take effect from 01 January 2010) and minimum wage orders, the NES makes up the safety net that cannot be altered to the disadvantage of the employee. They include minimum entitlements to leave, public holidays, notice of termination and redundancy pay.
FAIR WORK ACT (FWA)
The Fair Work Act 2009 (the Fair Work Act) created a new legislative framework for Australia's workplace relations system, Fair Work.
Fair Work came into effect on 01 July 2009. The system was designed to balance the needs of employees, the unions and employers.
Find the Fair Work Act 2009 at www.comlaw.gov.au/Details/C2011C00580