Senate Inquiry

TCF outworker protection campaign group FairWear has branded as "insufficent" the outworker protection measures outlined in a Senate Inquiry into the Howard Government's industrial relations (IR) reforms.
FairWear Victoria campaign coordinator Daisy Gardener admitted the recommendations included in the report, released publicly on November 22, did go some of the way to ensuring protection for outworkers. However, Gardener argued it was still not far enough with the recommendation in the report [into the Federal Government's WorkChoices Bill] falling "far short" of what was needed to ensure the exploitation of outworkers would not be legalised.
"The exact wording in the report says 'outworker provisions in state awards [must] be protected and not be able to be bargained away by employees entering into federal agreements'. But we really need to protect state legistation and we need to ensure a deeming provision to ensure outworkers are treated as employees rather than contractors.
"It is a complex document . . . but without dealing with all the inconsistencies in the current bill, the exploitation of outworkers cannot be effectively combated."
To ensure outworkers received a fair go, FairWear - a coalition of churches, community groups, unions and activists - has drafted a list of amendments, which it hoped would be included in the bill.
The group's amendments contained three key items:
* Maintaining deeming provisions for outworkers;
* Ensuring the recovery of unpaid money for outworkers so they could see reimbursement further up the contracting chain if their immediate employer defaulted on payment; and
* Protecting unions' right of entry
As Ragtrader went to press FairWear was lobbying liberal senators to assist the inclusion of the amendments in the bill before it went to the vote yesterday (December 1).
At the time, Gardener said FairWear was optimistic the amendments would be included in the legislation in their entirety.
"Following extensive media coverage of the plight of outworkers, we're very hopeful it can be achieved."
The Senate Inquiry report followed testimony given by a FairWear delegation - including 15 outworkers - in Canberra in mid November, which revealed that in its current form, the government's WorkChoice reforms would override outworker protections established over the past 10 years.
Gardener said the Senate Inquiry Committee had reacted with "outrage and disbelief" at revelations from outworkers' testimony.
Committee chair Senator Judith Troeth admitted as much.
"[outworkers'] general working conditions, rates of pay and economic position within the work force horrified all the senators," she said.
Troeth then said the committee had undertaken to "thoroughly address the matter".