The sections states that:
(1) A retailer must, before entering into an agreement with a supplier:
(a) ascertain from the supplier whether the services of an outworker will be engaged under a relevant award by the supplier or a contractor of the supplier to perform work in connection with the agreement; and
(b) request the supplier to provide information in respect of the matters specified under Part B of Schedule 2 of this code.
(2) Where an outworker is to be engaged under a relevant award by the supplier, or a contractor of the supplier, or both, to perform work on clothing products, a retailer must, before entering into an agreement with the supplier:
(a) obtain an undertaking from the supplier that:
(i) the engagement of the outworker by the supplier, or contractor, or both will be under conditions that are no less favourable than those prescribed under the relevant industrial instrument; and
(ii) the addresses where work on the clothing products is to be performed is disclosed; and
(b) inform the supplier that a breach of the undertaking by the supplier, or the contractor, or both will be taken to be a breach of an essential term of the agreement and grounds for the agreement’s termination.
(3) A retailer must not enter into an agreement with a supplier in contravention of this clause
Policy / 01 July 2005 / Australia / Ethical Clothing Trades Extended Responsibility Scheme (NSW)
This code is intended to ensure outworkers in the clothing trades receive their lawful entitlements under the Clothing Trades (State) Award (as published in the NSW Industrial Gazette on 19 October 2001) and under any other industrial instrument enforceable under the Industrial Relations Act 1996.
The code will;
– aid in monitoring the use of outworkers in the manufacture of clothing products for retail sale within New South Wales;
– prescribe practices and standards that will aid in compliance with, and prevent avoidance of, the Clothing Trades (State) Award and other industrial instruments with respect to the engagement and performance of work by outworkers in the supply of clothing products for retail sale within New South Wales;
– prescribe reporting practices and conduct to prevent the use of legal structures and other commercial arrangements as a means of avoiding the payment of remuneration and other lawful entitlements to outworkers in the clothing trades; and facilitate and complement initiatives by the Government of New South Wales to prevent circumvention and contraventions of laws regarding the employment conditions of outworkers in the clothing trades;
– complement and encourage compliance with the Homeworkers Code of Practice by signatories to that code.