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Home > Industrial Relations > Law and penalties > Employment and outwork obligations (textile clothing and footwear suppliers) Code of Practice > 3. Definitions

3. Definitions

These definitions apply in the context of this Code:

Award
Legally enforceable determination made by the Australian or Queensland Industrial Relations Commission or their equivalent in other jurisdictions, containing the minimum terms and conditions of employment to be met by the relevant employer, respondent or contracting party.

Affirmative action
Policies intended to redress discriminatory practices in employment. These policies commonly redress discrimination and victimisation based on age, disability, gender, marital status, sexual preference, racial or ethnic origin; and provide for equal opportunity in employment.

Textile Clothing and Footwear Industry
"The industry" includes all organised activities concerned with the production of textile articles, clothing, foot wear and related goods and components.

Client
Party receiving tenders.

Contract
Agreement for supply of textile articles, clothing, footwear or related goods and components, including the services necessary to be performed to supply or repair those goods.

Contractor
Person, corporation, supplier or their agent who contracts to manufacture or arrange the manufacture and/or the supply of textile articles, clothing, footwear or related goods and components.

Employer
Person, corporation, enterprise or organisation that employs or engages a person or persons who are defined or deemed as employees under the Industrial Relations Act 1999 (Queensland) or other relevant employment law, or a person defined as an employer under the Industrial Relations Act 1999 (Queensland) or other relevant employment law. Person, corporation, enterprise or organisation that employs a person whose employment is governed by a contract of service.

Employee
Person whose employment is governed by a contract of service, or a person defined as or deemed to be an employee under the Industrial Relations Act 1999 (Queensland) or other relevant employment law, eg outworker.

Employer association
Association or organisation whose membership consists of employers who operate in the Textile Clothing and Foot wear Industry and which is registered under the Workplace Relations Act 1996 (Commonwealth) or Industrial Relations Act 1999 (Queensland).

Goods
Textile articles, clothing, footwear and related goods and components including but not limited to items described as or made by process of: Tailoring, Dressmaking, Readymades, Whitework, Undergarments, Shirts, Ties, Scarves, Pyjamas, Industrial Clothing, Headwear, Umbrellas, Furs, Artificial Flowers and Emblems.

Government agency or agencies
All entities defined as a "government entity" under section 21 of the Public Service Act 1996 (Queensland) other than government owned corporations.

Industry association
Organisation representing the professional, or trade or commercial interests of members of the Textile Clothing and Foot wear Industry.

Monitoring
Process of regularly collecting information to review performance against specified criteria.

Queensland Government purchasing policies, practices and tendering requirements
The Queensland Government State Purchasing Policy and agency purchasing procedures for purchasing developed under the policy.

Outworker
An Outworker means a person engaged for someone else’s calling or business, in or about a private residence or other premises that are not necessarily business or commercial premises to pack, process or work on articles or material or carry out clerical work.

Prime Contractor
A person who contracts with someone else for the performance of work by the other person, or at whose request, or on whose credit or behalf and with whose knowledge and consent, work is performed or a person, claiming under the contractor, whose rights are acquired after the work begins.

Principal
Government agency or other signatory that contracts for the supply of goods and services.

Procurement
Process involving all activities associated with the manufacture and supply of textile articles, clothing, footwear or related goods and components. This process extends from the initial decision that goods or services are required, through component design or development, evaluation of suppliers and goods or services, administration (ordering to payment), management of the arrangement (contract), to recycling and waste disposal.

Purchasing
Actual buying process, whether placing or transmitting an order orally, in hard copy, electronically via Electronic Document Interchange (EDI) or Electronic Commerce (EC), or buying across the counter.

Record
Record(s) required to be maintained under the applicable Federal and Queensland awards or the Workplace Relations Act 1996 (Commonwealth) or Industrial Relations Act 1999 (Queensland) or other relevant employment law, and any other record(s) which may be kept or required to be kept to verify compliance with this Code or any laws.

Registered employer
Employer that has secured registration as an employer giving out work, in accordance with the Workplace Relations Act 1996 (Commonwealth) or Industrial Relations Act 1999 (Queensland), an award or other relevant employment law.

Signatory
Any person or organisation who has signed as a signatory to this code in Attachment A which includes all Government agencies.

Service provider
Includes: contractors, subcontractors, agents, suppliers and all employers in the Textile Clothing and Foot wear Industry.

Subcontractor
Service provider that agrees to manufacture or arrange to manufacture textile articles, clothing, footwear or related goods and components.

Tenderers
Parties submitting tenders.

Tenders
Prices, bids, quotations or proposals lodged in response to an invitation or request for offer.

Union
Organisation of employees, also referred to as a "trade union", in the Textile Clothing and Footwear Industry, for example the Federal or Queensland Branch of the Textile Clothing and Foot wear Union of Australia (TCFUA). Unions must be registered under either the Workplace Relations Act 1996 (Commonwealth) or the Industrial Relations Act 1999 (Queensland). By extension, this term also includes the Queensland Council of Unions, the State’s peak council for employees.

Last updated July 26, 2005