Provision 5.23

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Poor working conditions Transparency in supply chains

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The sections states that:

A retailer or relevant person must not:

(a) knowingly engage in conduct that is misleading or deceptive, or likely to mislead or deceive an outworker regarding the outworker’s:
(i)  entitlements under a relevant award; or
(ii)  civil liability to an employer or other relevant person; and

(b) make, order or allow to be made any entry or erasure in, or any omission from records or other document that is, produced, delivered or kept for the purposes of this code, with intent to falsify them or it, or to evade any of the provisions of this code.

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.