Outworkers and Contractors Legislation Amendment Act 2007

Outworkers and Contractors Legislation Amendment Act 2007 No. 40 of 2007 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—OUTWORKERS (IMPROVED PROTECTION) ACT 2003 3 3 Definition 3 4 Minimum conditions for outworkers 3 PART 3—OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 5 5 Payment in lieu of notice 5 PART 4—REPEAL OF AMENDING ACT 6 6 Repeal of Act 6 ═══════════════ ENDNOTES 7 i -- 1 of 8 -- Victoria Outworkers and Contractors Legislation Amendment Act 2007† No. 40 of 2007 [Assented to 28 August 2007] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes 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; 1 -- 2 of 8 -- Part 1—Preliminary Outworkers and Contractors Legislation Amendment Act 2007 No. 40 of 2007 s. 2 (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. 2 Commencement (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. __________________ 2 -- 3 of 8 -- Part 2—Outworkers (Improved Protection) Act 2003 Outworkers and Contractors Legislation Amendment Act 2007 No. 40 of 2007 s. 3 PART 2—OUTWORKERS (IMPROVED PROTECTION) ACT 2003 3 Definition In section 3 of the Outworkers (Improved Protection) Act 2003 insert the following definition— See: Act No. 22/2003 and amending Act Nos 107/2004, 108/2004, 9/2005, 18/2005 and 80/2006. LawToday: www. legislation. vic.gov.au "Australian Fair Pay and Conditions Standard has the same meaning as it has in the Commonwealth Act;". 4 Minimum 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— 3 -- 4 of 8 -- Part 2—Outworkers (Improved Protection) Act 2003 Outworkers and Contractors Legislation Amendment Act 2007 No. 40 of 2007 s. 4 (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". __________________ 4 -- 5 of 8 -- Part 3—Owner Drivers and Forestry Contractors Act 2005 Outworkers and Contractors Legislation Amendment Act 2007 No. 40 of 2007 s. 5 PART 3—OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 5 Payment in lieu of notice In section 22(4) of the Owner Drivers and Forestry Contractors Act 2005— See: Act No. 49/2005. Law Today: www. legislation. vic.gov.au (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.". __________________ 5 -- 6 of 8 -- Part 4—Repeal of amending Act Outworkers and Contractors Legislation Amendment Act 2007 No. 40 of 2007 s. 6 PART 4—REPEAL OF AMENDING ACT 6 Repeal of Act This Act is repealed on 1 January 2009. ═══════════════ 6 -- 7 of 8 -- Outworkers and Contractors Legislation Amendment Act 2007 No. 40 of 2007 Endnotes 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." 7 -- 8 of 8 --