South Australian Current Acts

FAIR WORK ACT 1994 - SECT 99C

99C—Code of practice

        (1)         The Governor may, by regulation, establish a code of practice for the purpose of ensuring that outworkers are treated fairly in a manner consistent with the objects of this Act.

        (2)         The code of practice may make different provision according to the matters or circumstances to which they are expressed to apply.

        (3)         The code of practice may apply, adopt or incorporate, with or without modification, a standard or other document prepared or published by a body specified in the code, as in force at a particular time or as in force from time to time.

        (4)         A code of practice may—

            (a)         require employers or other persons engaged in an industry, or a sector of an industry, specified or described in the code to adopt the standards of conduct and practice with respect to outworkers set out in the code; and

            (b)         make arrangements relating to the remuneration of outworkers, including by specifying matters for which an outworker is entitled to be reimbursed or compensated for with respect to his or her work or status as an outworker; and

            (c)         make provision to assist outworkers to receive their lawful entitlements; and

            (d)         make such other provision in relation to the work or status of outworkers as the Governor thinks fit.

        (5)         SAET may make an award incorporating any term of the code of practice or make any other provision to give effect to the code of practice.

        (6)         Subsection (5) does not limit the powers of SAET to make awards that relate to outworkers under the other provisions of this Act.

        (7)         If there is an inconsistency between an award and the code of practice, the award prevails to the extent of the inconsistency.