Queensland companies' rallying cry
Scott Robinson, proprieter of Aussie Mills - trading as Onerve - and Stephen Spence, proprietor of Seaborne Clothing, are currently defending their case against the Queensland branch of the Textile Clothing and Footwear Union of Australia (TCFUA), which prosecuted them for award breaches in relation to outworkers late last year.
Legal representation for the pair confirmed their case - unlikely to be resolved until at least April 2007 - revolved around a ground-breaking defence over the definition of outworkers in the Clothing Trades Award 1999. The award made no distinction between an outworker and an independent contractor, an anomaly that did not reflect awards in other industries, he said.
Spence and Robinson have also accrued between 500 and 600 signatures on a petition requesting the House of Representatives review and amend the Clothing Trades Award 1999 so that an individual with a registered business has the "same right as any other independent contractor in any other industry to operate their business as a sole trader".
Spence and Robinson have approached Liberal MPs Alex Somlyay and Stephen Ciobo to take up their case, with Somlyay due to present the petition to Parliament over the coming weeks.
A copy of the petition has also been sent to Melbourne's Australian Fashion Council, while it was also hoped 11 Victorian companies prosecuted by the union on November 2 (Ragtrader November 17) would lend it their support, said Robinson.
"The problem with the rag trade is that it is a very divided industry and the union takes advantage of that. We believe the industry has got to get together about this."
Robinson and Spence have also contacted between 80 and 100 Queensland businesses informing them of the union's activities.
"Sole traders should avoid any contact whatsoever with the union and if possible should incorporate in order to protect themselves."
As Ragtrader went to press TCFUA Queensland state secretary Jacques Morel was unavailable for comment.