Conditions and obligations for employing in the Australian TCF industry.
If you are in business in the TCF industry, it is important that you are familiar with the conditions and obligations set out in the TCFAI Award, including the outworker provisions. Failing to meet the minimum standards set by the Award is a breach of the law and may result in serious penalties.
Textile, Clothing, Footwear and Associated Industries Award 2010
From 1 January 2010, modern awards cover most workplaces. Modern awards were created to establish one set of minimum conditions for employers and employees across Australia who work in the same industries or occupations.
The award covers employers throughout Australia in the textile industry, clothing industry, bag making industry, button making industry, footwear industry and allied manufacturing and fabricating industries and their employees engaged in duties covered by the classifications in this award.
The award covers all outworker entities who are covered by the terms of this award in respect of Schedule F - Outwork and Related Provisions.
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Outworkers
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.
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Special Right-of-Entry Provisions for entering a TCF Eorkplace
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.
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The Fair Work System
The Fair Work system started on 1 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 1 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 (e.g. Pty Ltd businesses and employers in the ACT, NT and Victoria).
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National Employment Standards (NES)
From 1 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 1 January 2010) and minimum wage orders, the NES makes up the safety net that cannot be altered to the disadvantage of the employee.
The NES include minimum entitlements to leave, public holidays, notice of termination and redundancy pay.
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The Fair Work Act
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.e