The ARA has been in discussions with SafeWork over the proposed code, which replicates the mandatory code of practice currently in operation in NSW. The draft code was released by Acting Minister for Industrial Relations John Hill, who stated that the Code of Practice will "strengthen protection for clothing outworkers by creating greater transparency in the supply and production of clothing."
The code of practice will require retailers to keep records of all parties involved in the supply chain, report procedures of illegal structures in the supply chain and impose conditions on outworkers which are no less favourable that the relevant award or Act. The record-keeping requirements are detailed and onerous, placing a weighty obligation on retailers.
The code, however, does propose an exemption for retailers who sign up to the voluntary Homeworkers Code of Practice (Ethical Clothing Code of Practice) that is available on our website. This voluntary code was developed with the Textiles, Clothing and Footwear Union of Australia (TCFUA), and requires certain records to be kept (which would reasonably expected to be retained) by retailers through their contracts with suppliers.
There are currently a number of national clothing retailers signed up to the voluntary Ethical Clothing Code of Practice who already comply with the record keeping and supplier list requirements. At this point it may seem as though they are disadvantaged in states like South Australia where there is no mandatory legislation or code of practice.
In terms of the proposed mandatory code, the ARA will raise several issues - particularly with respect to the consultation period, the record keeping requirements and the wording of the code in relation to Workchoices and applicable state awards (see clause 28 of the code at www.safework.com.au).
The consultation period for the mandatory code will expire only a few days prior to Christmas. The ARA is aware of how inappropriate this timeframe is for retailers and have already submitted our opinion on this to SafeWork SA.
However, any clothing retailer who is available to put forward information/comment on the draft code would be much appreciated and can do so by emailing Julie Bradshaw at policy@nsw.ara.com.au or by phoning 02 9290 3766.
