Legal (Award) Obligations

Governments across Australia have passed laws that apply specifically to textile, clothing and footwear businesses which aim to protect the rights and entitlements of workers, but the reality is that much of the Australian fashion and clothing industry continues to operate with little regard for even the basic laws and standards. This is why various business and union stakeholders have come together as Ethical Clothing Australia to assist local textile, clothing and footwear businesses wanting to do the right thing.

A new industrial Award

A new Federal Award covering the Textile, Clothing, Footwear and associated industries has been effective since 1January 2010 along with the new National Employment Standards (NES). This will be followed by the introduction on 1 July 2010 of the new Industrial Relations laws.

In addition to providing a basic safety net for factory workers, the Award, along with other laws, has components which specifically focus on protecting the rights and entitlements of workers often referred to as homeworkers or outworkers. Such ‘outworker provisions’ are likely to relate to your business even if you do not engage any outworkers directly.

Stay informed – know your legal obligations

If you are in business in the TCF industry, it is important that you are familiar with the conditions and obligations set out in the Award including the outworker provisions. Failing to meet the minimum standards set by the Award is a breach of the law and may result in serious penalties.

If you are planning to enter or already operate in the industry, it is strongly recommended that you read Ethical Clothing Australia’s Guide to the TCF Award 2010 (currently in production) to help familiarise yourself with your mandatory legal obligations. As the details vary from state to state, it is important that you contact the Textile Clothing and Footwear Union of Australia (TCFUA) or seek legal advice if you have any questions about the Award obligations relevant to you or your business.

FAQs

Some of the questions on the FAQ page of this website provide some basic insights into some of the key aspects of the Award and other legal obligations likely to be relevant to your business, but please note that this information, and that featured in the Guide, merely provide a basic overview of the issues and should not be viewed as industrial or legal advice.