Fair Work Amendment (Textile, Clothing and Footwear Industry) Bill passes Senate

The Fair Work Amendment (Textile, Clothing and Footwear Industry) Bill 2011 [2012] was passed by the senate with the support of the Greens and the Independents on 22 March 2012.

The legislation will amend the Fair Work Act 2009 to enhance existing legal protections for vulnerable workers in the textile, clothing and footwear (TCF) industries. This legislation is intended to ensure equitable and consistent protection for these workers and to address a limitation that currently exists in relation to right of entry into premises in the TCF industry operating under ‘sweatshop’ conditions.

The legislation follows on research that has consistently shown that outworkers in the TCF industry suffer from unique vulnerabilities as a result of their engagement or employment in non-business premises. These vulnerabilities are often exacerbated by poor English language skills, a lack of knowledge about the Australian legal system and low levels of union membership in the industry.

To attempt to resolve these is the legislation will:

• extend the operation of most provisions of the Fair Work Act to contract outworkers in the TCF industries

• provide a mechanism to enable TCF outworkers to recover unpaid amounts up the supply chain

• extend specific right of entry rules that apply to suspected breaches affecting outworkers (which allow entry without 24 hours notice) to the industries more broadly, with an exception for the principal place of business of a person with appropriate accreditation (to which the standard right of entry rules would apply)

• enable a TCF outwork code to be issued.

The amending legislation was deemed to be needed because despite existing provisions in the Fair Work Act, the relevant modern awards and in relevant state legislation, outworkers continue to experience poor working conditions. The changes will it is believed promote fairness and ensure a consistent approach to workplace entitlements and protections for a class of workers that is widely recognised as being highly vulnerable to exploitation. Michele O’Neil, TCFUA National Secretary is quoted as saying:

“This is an historic day. Over the last 15 years the Parliament has heard evidence, shocking in its consistency regarding the systemic exploitation of outworkers in the TCF industry. … Forcing sham contracts on TCF outworkers has been endemic. Sweatshops too have continued to flourish with little scrutiny. This law means that, whatever they are called or wherever they work, TCF outworkers and workers in sweatshops are entitled to be treated with the same dignity under the law as any other Australian employee. These workers will now be entitled to receive the same minimum wages and conditions as every other worker in the industry.” Read More...

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