TFIA fights back

The Council of Textile and Fashion Industries of Australia (TFIA) is mounting a fight against new legislation it claims would have prevented the launch of iconic brands such as Billabong and Country Road.

The organisation is demanding changes be made to the Textile, Clothing, Footwear and Associated Industries Award 2010, claiming the current legislation inhibits certain types of businesses, particularly home-based operators and legitimate outworkers.

The request for amendments to the award, filed earlier this month with Fair Work Australia, includes changes to the definition of ‘work’ to reflect actual activity performed by an outworker including preparation, manufacture, packing, processing and finishing work in volume production.

Changes to several sections relating to 'hours of work' are also mentioned in the submission by the TFIA, specifically the removal of the provision that if regular full time, workers must be provided with 20 hours of regular work a week.

In addition, the TFIA has also suggested that part time hours should be negotiated between the principal and the worker with no input from the Union.

As part of the submission, TFIA CEO Jo-Ann Kellock said that while the TFIA acknowledges that appropriate legislation is required to protect some Australians working from home, the “very broad nature of the definitions in the Fair Work Act and Modern Award create a ‘catch all’ scenario and lock the industry into one work arrangement”.

“The TFIA submits that the existing regulatory framework for the Textile Clothing and Footwear sector (TCF Regime) is overly protective of home-based workers at the expense of the broader industry especially small to medium enterprises (SMEs) that make up 86 per cent of the sector,” she said.

“The TFIA's experience is that whilst there are undoubtedly some vulnerable home-based workers in the sector; most participants in the industry do not fit that category and should not be defined as outworkers or sweat shop owners.”

Kellock also said in the submission that, as the the peak fashion industry body, the TFIA believes the ‘outworker definitions’ are too broad.

“Having worked with the Fair Work legislation for two years there are aspects that are proving to be unworkable and having a major impact on clothing manufacturers and home based businesses that are already under considerable competitive pressure,” she said.

“The TFIA believes that the vast majority of new businesses in Australia have started from home, where overheads are low and people have the flexibility to work the extended hours necessary to build a successful business. In this, the TCF sector is no different, with well-regarded iconic Australian brands, such as Billabong and Country Road, starting up at home.

“International intelligence reported to the TFIA shows an emerging trend where flexibility in the workplace is highly valued. This is particularly important for the competitive advantage of the local industry and where flexibility means better work/life outcomes.”