Making Textile, Clothing or Footwear products in Australia A guide to your Legal Obligations This presentation is provided in the way of general information. Every effort has been made to ensure that the representations made here are accurate but you should familiarise yourself directly with the obligations imposed by the relevant legislation and Awards or seek independent legal advice. This is not a substitute for legal advice.
Introduction • This presentation is a guide to your obligations under the Textile, Clothing, Footwear and Associated Industries (TCFAI) Award (the Award). • Before you begin, make sure you have a copy of the Ethical Clothing Australia (ECA) Guide to the Award The Guide and other documents referred to in this presentation can be downloaded form the ECA website or by contacting the ECA office. ECA Industry Training Presentation 2015 | Page 2
What laws apply to you? Almost all businesses in the textile, clothing and footwear (TCF) industry in Australia are covered by the National Workplace Relations System (see pages 3-4 of the Award Guide). This includes the Modern Award, as well as federal and state legislation including: • The Textile, Clothing, Footwear and Associated Industries Award 2010 as amended from time to time. • The Fair Work Act 2009 which includes the National Employment Standards (NES). See Award Guide page 29 for these and page 44, clause F.5.1 of Schedule F of the Award . • and any other relevant laws, such as: – State Outworker laws; – Workers Compensation; – Workplace Health and Safety; – Equal Opportunity; and – Anti-discrimination laws. See page 30 of the Award Guide . ECA Industry Training Presentation 2015 | Page 3
The Award Each industry or occupation is covered by a national Modern Award. In the TCF Industry, this is the Textile, Clothing, Footwear and Associated Industries Award 2010 . • The Award applies to employers (referred to as Principals) and factory workers and home based workers (who are both referred to as workers). • The giving out of work in the TCF industry has been regulated by both federal and states clothing awards for decades. • Schedule F of the Award contains specific conditions for outworkers (referred to as ‘workers’ in Schedule F and sometimes called ‘homeworkers’). See pages 41–53 of the Award Guide . The Award is designed to make sure workers across the entire industry receive fair pay and work in decent conditions. ECA Industry Training Presentation 2015 | Page 4
The Award – your responsibilities Your key responsibilities under the Award: Consultation (Part 2) • Dispute Resolution (Part 2.10-11) • Types of employment (Part 3) • Termination of employment (Part 3.18 and 3.19) • and redundancy Rates of pay and Allowances (Parts 4 and 5) • Hours of work and related matters (Part 6) • Leave and Public Holidays (Part 7) • Superannuation (Part 8) • Transitional provisions (Part 1 and Schedule A) • See pages 5-6 of the Award Guide . ECA Industry Training Presentation 2015 | Page 5
National Employment Standards (NES) The National Employment Standards set out the key work-related entitlements for your employees, under the Fair Work Act 2009 . There are 10 minimum standards for employment which you must comply with: 1. Maximum weekly hours of work 2. Requests for flexible working arrangements 3. Parental leave and related entitlements 4. Annual leave 5. Personal/carer’s leave and compassionate leave 6. Community service leave 7. Long service leave 8. Public holidays 9. Notice of termination and redundancy pay 10. Provision of a Fair Work Information Statement See page 29 of the Award Guide for more information. These entitlements are in addition to your obligations under the Award. ECA Industry Training Presentation 2015 | Page 6
How to comply with the Award If your business intends to give out work , there are 3 things it must first do to meet its legal requirements under the Award: Have a Written Agreement with anyone that does your work. • Register with the Fair Work Commission Board of Reference (BOR) • and keep lists of who work is outsourced to. Make and keep up-to-date award compliant Work Records (garment • specification sheet). ECA Industry Training Presentation 2015 | Page 7
Agreements to outsource: Principals If you intend to give out work the first thing you must do is enter into a written agreement with whoever you are outsourcing work to. These can be with another principal business, or with an outworker, and there are different obligations for each. The first step is to define who you are entering an agreement with. Principals If you are making an arrangement with a: • Business or person that may enter into agreements to have work done outside its premises (is registered with the Board of Reference); or • Business or person that employs people in the TCF industries; or • Government or government authority; who is operating out of a business premises Then you are most likely making an agreement with another principal business. Under the Award they are called a Principal . ECA Industry Training Presentation 2015 | Page 8
Sample Written agreement with another Principal Editable copy of this Written Agreement available on the ECA website ECA Industry Training Presentation 2015 | Page 9
Agreements to outsource: Outworkers You are making an agreement with a Worker (outworker) if the person: Does the work at private residential premises, either their own or • someone else’s; or Does the work at premises not conventionally regarded as being • business premises; or Personally does the work that is the subject of the arrangement; or • Is employed by you, but does not carry out their work on your • business premises; or Has an ABN or calls themselves a ‘contractor’ or ‘independent • contractor’, and does the work themselves; or Is a body corporate owned or managed by the worker or a member • of their family. See Award Guide Schedule F, pages 42–43, sections F.2.3, F.2.6 and F.4. Contact the Textile, Clothing and Footwear Union (TCFUA) for more information about your particular situation . . . . You can also contact the Australian Industry Group or the NSW Business Chamber for assistance. ECA Industry Training Presentation 2015 | Page 10
Agreements to outsource: Outworkers Home based workers are entitled to the minimum safety net of terms and conditions which apply in the TCF industry. This includes the conditions in the Award, and most of the Fair Work Act. These include: Award compliant work record (e.g. garment spec sheet) • Award compliant written arrangement in place • Award level wages and entitlements • Superannuation contributions paid by employer • Annual leave, Personal Leave and Public Holidays • Work cover insurance • Specified hours • Note: You must also give outworkers a copy of the entire Schedule F of the Award when you employ them. Minimum part-time hours for outworkers are 15 regular hours per week (as agreed between the principal and worker) or 10 regular hours per week (as agreed between the principal and worker, and with the consent of the TCFUA). By such agreement, regular part-time hours may be averaged over a period of 4 weeks maximum. Overtime rates must be paid for additional hours. See Award Guide page 39 for checklist for making an arrangement and Award Guide Schedule F pages 44-46 for: - clause F.5.2 Hours of work - clause F.5.2 and 5.5 Payment - clause F.5.7 Stand down information ECA Industry Training Presentation 2015 | Page 11
Sample Written agreement with an outworker Editable copy of this Written Agreement available on the ECA website ECA Industry Training Presentation 2015 | Page 12
Registration with the Board of Reference and keeping Lists You must be registered with the Board of Reference (BOR) unless all of your garments or products are produced solely by your employees at your business premises. This includes any aspect of production being performed outside of your premises, including cutting, making, finishing, trimming, alteration, value- adding (e.g. printing, embroidery), by either outworkers (referred to as ‘workers’ in Schedule F) or other manufacturers. See Award Guide Schedule F pages 42 and 47 for: – clause F.3.1 Registration – clause F.6 Registration and Board of Reference ECA Industry Training Presentation 2015 | Page 13
Registration with the Board of Reference and keeping Lists Under the Award, you can only: Make an arrangement with a contractor if they are also registered • with the Board of Reference (unless that business performs all the work within their own factory premises) . Engage up to 10 individual outworkers, other than in-house • employees, at any one time (If your business makes arrangements with more than 10 outworkers you must have written consent from the TCFUA or Board of Reference.). If you give work out without being registered with the Board of Reference, you are breaking the law and may face penalties. See Award Guide Schedule F pages 42 and 47 for: – clause F.3.1 Registration – clause F.5.9 ECA Industry Training Presentation 2015 | Page 14
Recommend
More recommend
