South Australian Numbered Acts

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INDUSTRIAL LAW REFORM (FAIR WORK) ACT 2005 (NO 3 OF 2005) - SECT 7

7—Amendment of section 5—Outworkers

        (1)         Section 5(1)(a)(i)—after "process" insert:

, clean

        (2)         Section 5(1)(b)(i)—after "process" insert:

, clean

        (3)         Section 5(1)—delete "premises of a prescribed kind that are not business or commercial premises" and substitute:

other premises that would not conventionally be regarded as being a place where business or commercial activities are carried out

        (4)         Section 5(3)—delete subsection (3) and substitute:

        (3)         To avoid doubt, a person who is engaged by another person to clean the private residence of a third person is not an outworker under this section.

        (4)         Apart from this Chapter, the other provisions of this Act apply to outworkers if (and only if)—

            (a)         a provision of an award or enterprise agreement relates to outworkers; or

            (b)         a regulation made for the purposes of this subsection extends the application of this Act to, or in relation to, outworkers,

and then, in such a case, the Act will apply in all respects to the relevant outworkers.

        (5)         A regulation made for the purposes of subsection (4) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution of either House of Parliament.



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