Provision 3.11

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Poor working conditions Transparency in supply chains

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The sections states that:

(1) Where a retailer becomes aware that a relevant person is intending to engage, or has engaged, an outworker on less favourable terms than the conditions prescribed under a relevant award or other relevant industrial instrument, the retailer must report the matter in writing to the TCFUA or to the Director-General.

(2)  A retailer will be taken to contravene subclause (1) if the retailer:
(a) has information provided under this code; or
(b) has knowledge based on previous dealings or commercial arrangements with or through a relevant person; or
(c) has information arising from an inspection of premises where work is or has been performed by outworkers, that would lead a reasonable person in the position of the retailer to be so aware that the outworkers have been, or will be, employed on less favourable terms and conditions than that prescribed under the relevant award or other relevant industrial instrument.

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.