An enterprise agreement cannot include any designated outworker terms.[1]
The following terms, so far as they relate to outworkers in the textile, clothing or footwear industry, are designated outworker terms:
- a term that deals with the registration of an employer or outworker entity
- a term that deals with the making and retaining of, or access to, records about work to which outworker terms of a modern award apply
- a term imposing conditions under which an arrangement may be entered into by an employer or outworker entity for the performance of work, where the work is of a kind that is often performed by outworkers
- a term relating to the liability of an employer or outworker entity for work undertaken by the outworker. This includes a term that provides for the outworker to make a claim against the employer or outworker entity
- a term requiring minimum pay or other conditions, including the National Employment Standards, to be applied to an outworker who is not an employee[2]
- a term that deals with the filing of records about work to which outworker terms of a modern award apply
- a term dealing with the provision of materials, or
- a term that is incidental to a designated outworker term, including a term dealing with the observance of the award.[3]