Clothing Trades

Registration Responsibilities of Employers of Outworkers

NOTE TO TH​IS GUIDE

Employers in the clothing trades in New South Wales who are bound by the Clothing Trades (State) Award should be aware that the Award contains certain registration requirements. Users of outworkers should also be aware that s​.5​ and Schedule 1 of the Industrial Relations Act 1996 provide that any person who performs work in the clothing trades outside a factory (whether directly or indirectly) for the occupier of a factory or a trader who sells clothing by wholesale or retail is deemed to be an employee of the occupier of the factory or the trader selling clothing.

Registration

Clause 33 of the Award requires that an employer who has or is proposing to have work performed away from the employer's own factory or workshop must make application for registration to the Clothing Trades Industrial Committee.

Constitutional Corporations

Since the commencement of the Workplace Relations Amendment (WorkChoices) Act 2005 on 27 March 2006, an application to t​​​he Clothing Trades Industrial Committee by a constitutional corporation is made pursuant to both s.12​9B of the Industrial ​Relations Act 1996 and the provisions of Clause 33 of the Award which are also applicable to any constitutional corporation by operation of s.129B.

FORM 1 is used to apply for registration. It should be completed in full and the original and two copies lodged with the Industrial Registrar a​​t 47 Bridge Street, Sydney NSW 2000 OR by facsimile to (02) 9258 0058 OR by post to:

Industrial Registrar
GPO Box 36​70
SYDNEY NSW 2001

If granted by the Committee, registration lasts for twelve months and ne​​eds to be renewed by the same process each year.

Clause 33 of the Award also requires that this registration be advertis​​ed in the public notices column of a metropolitan newspa​per circulating throughout the State.

​​It is possible to receive an exemption from this requirement, either by obtaining agreement in writing from the Secretary of the Textile, Clothing and Footwear Sub-branch of the Transport Workers' Union of New South Wales, or seeking that exemption from the Clothing Trades Industrial Committee.

​​The application for exemption from the requirement to advertise is contained in FORM 1.        

Conditions

The Award provides further conditions on an employer once registration is granted, which are contained in Clauses 31 and 32 of the Award. ​​These concern the regular notification of the names and addresses of persons engaged outside factory premises to the Industrial Registrar (at the above address) and the Textile, Clothing and Footwear Sub-branch of the Transport Workers' Union of New South Wales, 28 Anglo Road, Campsie, NSW 2194. The Union's facsimile number is (02) 9787 1561 (FORM 2).

It is to be noted that the Industrial Committee is empowered to apply further conditions to the registration of employers. In addition to the above requirement, the Industrial Committee also generally requires employers to forward documents concerning their ​​​​use of outworkers and contractors and the payment of superannuation contributions to the Textile, Clothing and Footwear Sub-branch of the Transport Workers' Union of New South Wales, upon the union’s request. The full conditions of registration as an employer of outworkers will be made clear to the employer at the time of registration.

Clothing Trades Forms

​​NOTE:This guide has been prepared to assist persons wishing to use outworkers in the clothing trades under the New South Wales industrial system. It is a brief outline only and does not take the place of an examination of the Ind​ustrial Relations Act 1996​ or the Clothing Trades (State) Award. Employers should consult the legislation and award and where in doubt seek proper advice.