Outworkers and Contractors Legislation Amendment Act 2007 (Vic)

Outworkers and Contractors Legislation Amendment Act 2007

No. 40 of 2007

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Outworkers (Improved Protection) Act 2003

3Definition

4Minimum conditions for outworkers

Part 3—Owner Drivers and Forestry
Contractors Act 2005

5Payment in lieu of notice

Part 4—Repeal of amending Act

6Repeal of Act

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Endnotes

Outworkers and Contractors Legislation Amendment Act 2007

No. 40 of 2007

[Assented to 28 August 2007]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Outworkers (Improved Protection) Act 2003 to ensure that Victorian outworkers continue to enjoy the same standard of wages and conditions as federal award employees;

(b)to amend the Owner Drivers and Forestry Contractors Act 2005 in relation to payment in lieu of notice in respect of fixed overhead costs.

2Commencement

(1)This Act (except Parts 2 and 3) comes into operation on the day on which it receives the Royal Assent.

(2)Part 2 (except section 4(2)) is deemed to have come into operation on 27 March 2006.

(3)Subject to subsection (4), Part 3 and section 4(2) come into operation on a day or days to be proclaimed.

(4)If a provision referred to in subsection (3) does not come into operation before 1 January 2008, it comes into operation on that day.

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Part 2—Outworkers (Improved Protection) Act 2003

3Definition

In section 3 of the Outworkers (Improved Protection) Act 2003 insert the following definition—

"Australian Fair Pay and Conditions Standard has the same meaning as it has in the Commonwealth Act;".

4Minimum conditions for outworkers

(1)For section 14A(1) of the Outworkers (Improved Protection) Act 2003 substitute—

"(1)An outworker engaged by a person is entitled to the same benefits, terms and conditions as he or she would, if he or she were an employee of the person, have under—

(a)any federal award applicable to the clothing industry if the person were bound by the award; and

(b)the Australian Fair Pay and Conditions Standard.".

(2)For section 14A(2) of the Outworkers (Improved Protection) Act 2003 substitute—

"(2)A person who engages an outworker must not provide a benefit, term or condition of engagement to the outworker that is less than a benefit, term or condition that, if the outworker were an employee of the person, would apply under—

(a)any federal award applicable to the clothing industry if the person were bound by the award; and

(b)the Australian Fair Pay and Conditions Standard.

Penalty:120 penalty units.".

(3)In section 14A(3) of the Outworkers (Improved Protection) Act 2003, after "or imposed by" insert "or under".

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Part 3—Owner Drivers and Forestry Contractors Act 2005

5Payment in lieu of notice

In section 22(4) of the Owner Drivers and Forestry Contractors Act 2005—

(a)in paragraph (a), for "fixed" substitute "variable";

(b)for paragraph (b) substitute—

"(b)if the relevant vehicle or motorised equipment is not subject to finance arrangements at the time of termination, the amount of—

(i)overhead costs for finance arrangements for a vehicle or motorised equipment; and

(ii)variable overhead costs—

as provided in the most recent applicable rates and costs schedule that would be payable over the minimum required period of notice.".

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Part 4—Repeal of amending Act

6Repeal of Act

This Act is repealed on 1 January 2009.

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Endnotes

Minister's second reading speech—

Legislative Assembly: 23 May 2007

Legislative Council: 8 August 2007

The long title for the Bill for this Act was "A Bill for an Act to amend the Outworkers (Improved Protection) Act 2003 and the Owner Drivers and Forestry Contractors Act 2005 and for other purposes."