6.4 Employment of outworkers
It is important to note that from 1 July 1999 all outworkers are employees as defined by the Industrial Relations Act 1999 (Queensland). Therefore persons who engage outworkers must meet the requirements of that Act.
As a result all outworkers whether they are regarded as employees or "contractors" must receive the entitlements of the relevant state award. However, outworkers who are employees under federal awards or agreements must receive the entitlements of those awards or agreements.
Outworkers who are employees in other jurisdictions must receive the entitlements provided for in any relevant employment law.
The definition of outworker in the Industrial Relations Act 1999 includes a person engaged for someone elses 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.
Any service provider who engages outworkers must provide information to them about their employment entitlements as required in the applicable Federal or Queensland award or other relevant employment law, each time work is given out. This information must be provided in the form required by the applicable Federal or Queensland award or other relevant employment law.
The Federal and Queensland awards also provide that materials, trimmings and sewing threads for the work must be provided by the party giving out the work (including any employer) free of charge to the outworker.
Last updated May 18, 2005
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