Footnotes

CHAPTER 1 - Background

[1]        Explanatory Memorandum, p. 11.

[2]        Explanatory Memorandum, p. 11.

[3]        Fair Work Amendment (TCF Industry) Bill 2011, ss 12 and 17A.

[4]        Mr Deputy President Riordan, Australian Conciliation and Arbitration Commission, Decision: Clothing Trades Award 1982, 7 April 1987, p. 9.

[5]        Senate Economics References Committee, Outworkers in the garment industry, December 1996, p. xi.

[6]        Senate Economics References Committee, Outworkers in the garment industry, December 1996, pp xi–xii.

[7]        Senate Economics References Committee, Outworkers in the garment industry, December 1996, p. xi.

[8]        Senate Economics References Committee, Review of the Inquiry into Outworkers in the Garment Industry, July 1998, p. 3.

[9]        Senate Economics References Committee, Review of the Inquiry into Outworkers in the Garment Industry, July 1998, p. 6.

[10]      Productivity Commission, 'Review of TCF Assistance: Inquiry Report', July 2003, p. XLI.

[11]      Productivity Commission, 'Review of TCF Assistance: Inquiry Report', July 2003, p. XLI.

[12]      Senate Economics Legislation Committee, Provisions of the Textile, Clothing and Footwear Strategic Investment Program Amendment (Post-2005 scheme) Bill 2004 and the Customs Tariff Amendment (Textile, Clothing and Footwear Post-2005 Arrangements) Bill 2004, August 2004, p. 25.

[13]      Senate Economics Legislation Committee, Provisions of the Textile, Clothing and Footwear Strategic Investment Program Amendment (Post-2005 scheme) Bill 2004 and the Customs Tariff Amendment (Textile, Clothing and Footwear Post-2005 Arrangements) Bill 2004, August 2004, p. 25.

[14]      Senate Economics Legislation Committee, Provisions of the Textile, Clothing and Footwear Strategic Investment Program Amendment (Post-2005 scheme) Bill 2004 and the Customs Tariff Amendment (Textile, Clothing and Footwear Post-2005 Arrangements) Bill 2004, August 2004, p. 26.

          Note: The Homeworkers Code of Practice was a voluntary code of practice.

[15]      Senate Economics Legislation Committee, Provisions of the Textile, Clothing and Footwear Strategic Investment Program Amendment (Post-2005 scheme) Bill 2004 and the Customs Tariff Amendment (Textile, Clothing and Footwear Post-2005 Arrangements) Bill 2004, August 2004, p. 37.

[16]      Senate Economics Legislation Committee, Provisions of the Textile, Clothing and Footwear Strategic Investment Program Amendment (Post-2005 scheme) Bill 2004 and the Customs Tariff Amendment (Textile, Clothing and Footwear Post-2005 Arrangements) Bill 2004, August 2004, p. 38.

[17]      Senate Employment, Workplace Relations and Education Legislation Committee, Provisions of the Independent Contractors Bill 2006 and the Workplace Relations Legislation Amendment (Independent Contractors) Bill 2006, August 2006, p.1.

[18]      Senate Employment, Workplace Relations and Education Legislation Committee, Provisions of the Independent Contractors Bill 2006 and the Workplace Relations Legislation Amendment (Independent Contractors) Bill 2006, August 2006, p.1.

[19]      Senate Employment, Workplace Relations and Education Legislation Committee, Provisions of the Independent Contractors Bill 2006 and the Workplace Relations Legislation Amendment (Independent Contractors) Bill 2006, August 2006, p.1.

[20]      Senate Employment, Workplace Relations and Education Legislation Committee, Provisions of the Independent Contractors Bill 2006 and the Workplace Relations Legislation Amendment (Independent Contractors) Bill 2006, August 2006, p.3.

[21]      Senate Employment, Workplace Relations and Education Legislation Committee, Provisions of the Independent Contractors Bill 2006 and the Workplace Relations Legislation Amendment (Independent Contractors) Bill 2006, August 2006, pp 5–6.

[22]      Emer Diviney and Serena Lillywhite, Ethical threads: Corporate social responsibility in the Australian garment industry, 2007, available: http://www.bsl.org.au/pdfs/DivineyLillywhite_ethical_threads.pdf (accessed 20 December 2011), p. 1.

[23]      Emer Diviney and Serena Lillywhite, Ethical threads: Corporate social responsibility in the Australian garment industry, 2007, p. 1.

[24]      Emer Diviney and Serena Lillywhite, Ethical threads: Corporate social responsibility in the Australian garment industry, 2007, pp 14–15.

[25]      Professor Roy Green, Building Innovative Capability: Review of the Australian Textile, Clothing and Footwear Industries, August 2008, available: http://www.teansw.com.au/Curriculum/Textiles%2011-12/Resources/401_TCF%20review_vol1.pdf (accessed 19 January 2011), p. 2.

[26]      Professor Roy Green, Building Innovative Capability: Review of the Australian Textile, Clothing and Footwear Industries, August 2008, p. viii.

CHAPTER 2 - Key Issues

[1]        See for example Catholic Justice and Peace Commission of Brisbane, Submission 4; Australian Immigrant and Refugee Women's Alliance (AIRWA), Submission 9; Slater and Gordon Lawyers, Submission 11; Textile Clothing and Footwear Union of Australia (TCFUA), Submission 15; Oxfam Australia, Submission 18; Australian Council of Trade Unions (ACTU), Submission 19; Immigrant Women's Speakout Association (Speakout), Submission 20 and FairWear, Submission 26.

[2]        National Retail Association (NRA), Submission 21, p. 5.

[3]        Australian Chamber of Commerce and Industry (ACCI), Submission 3, Attachment 1, p. 1.

[4]        See for example Textile Clothing and Footwear Union of Australia (TCFUA), Submission 15, p. 9; Working Women's Centre SA, Submission 6, p. 1 and FairWear, Submission 26, p. 2.

[5]        Ms Shelley Marshall, Submission 17, p. 8.

[6]        TCFUA, Submission 15, p. 16.

[7]        TCFUA, Submission 15, p. 16.

[8]        TCFUA, Additional information, tabled 2 February 2012.

[9]        Ms Nguyet, Proof Committee Hansard, 2 February 2012, p. 8.

[10]      Ms Anh Dang, Proof Committee Hansard, 2 February 2012, p. 18.

[11]      Ms Susan Tran, Proof Committee Hansard, 2 February 2012, p. 19.

[12]      ACCI, Submission 3, Attachment 1, p. 3.

[13]      Council of Textile and Fashion Industries of Australia (TFIA), Submission 16, p. 3.

[14]      Slater and Gordon Lawyers, Submission 11, p. 5.

[15]      Slater and Gordon Lawyers, Submission 11, p. 8.

[16]      See Mr Arthur Thomas, Submission 1; The Ark Clothing Co., Submission 2; Mr Richard Thomas, Submission 8 and Ms Lou Lorkin, Submission 12.

[17]      See Mr Arthur Thomas, Submission 1; The Ark Clothing Co., Submission 2; Mr Richard Thomas, Submission 8 and Ms Lou Lorkin, Submission 12.

[18]      The Ark Clothing Co., Submission 2, p. 1.

[19]      TFIA, Submission 16, pp 15–16.

[20]      AiG, Submission 22, p. 2.

[21]      FairWear, Submission 26, p. 7.

[22]      FairWear, Submission 26, p. 7.

[23]      See for example Dr Michael Rawling, Submission 7, p. 2; Slater and Gordon Lawyers, Submission 11, p. 25; TCFUA, Submission 15, p. 3; Oxfam Australia, Submission 18, p. 5; Australian Council of Trade Unions (ACTU), Submission 19, p. 1; Immigrant Women's Speakout Association of NSW (Speakout), Submission 20, p. 2; Justice and International Mission, Mission Commission, Uniting Church in Australia, Submission 25, p. 8; FairWear, Submission 26, p. 7 and Asian Women at Work, Submission 29, p. 4.

[24]      See Dr Michael Rawling, Submission 7, p. 2; TCFUA, Submission 15, p. 3; Oxfam Australia, Submission 18, p. 5; Speakout, Submission 20, p. 2 and FairWear, Submission 26, p. 7.

[25]      Dr Michael Rawling, Submission 7, p. 2.

[26]      Dr Michael Rawling, Submission 7, p. 3.

[27]      Dr Michael Rawling, Submission 7, p. 3.

[28]      Dr Michael Rawling, Submission 7, pp 3–4.

[29]      See TCFUA, Submission 15, p. 3; Oxfam Australia, Submission 18, p. 5; Speakout, Submission 20, p. 2 and FairWear, Submission 26, p. 7.

[30]      Oxfam Australia, Submission 18, p. 5.

[31]      TCFUA, Submission 15, pp 17–18.

[32]      DEEWR, Submission 27, p. 11.

[33]      Ms Jennifer Wyborn, Acting Branch Manager, Safety Net, Organisations and Protections Branch, Workplace Relations Legal Group, DEEWR and Mr Brett Thompson, Senior Government Lawyer, Safety Net, Organisations and Protections Branch, Workplace Relations Legal Group, DEEWR, Proof Committee Hansard, 2 February 2012, p. 24.

[34]      DEEWR, Submission 27, p. 16.

[35]      DEEWR, Submission 27, p. 16.

[36]      Mr Deputy President Riordan, Australian Conciliation and Arbitration Commission, Decision: Clothing Trades Award 1982, 7 April 1987, p. 14.

[37]      Senate Economics References Committee, Outworkers in the garment industry, December 1996, pp 16 and 18.

[38]      See for example Australian Industry Group (AiG), Submission 22; Council of Textile and Fashion Industries of Australia (TFIA), Submission 16 and The Ark Clothing Co. Pty Ltd, Submission 2. 

[39]      AiG, Submission 22, p. 3.

[40]      See Mr Arthur Thomas, Submission 1; The Ark Clothing Co. Pty Ltd, Submission 2 and Ms Lou Lorkin, Submission 12.

[41]      The Ark Clothing Co. Pty Ltd, Submission 2, p. 2.

[42]      Australian Chamber of Commerce and Industry (ACCI), Submission 3, p. 1.

[43]      Ms Michele O'Neil, National Secretary, TCFUA, Proof Committee Hansard, 2 February 2011, pp 20–21.

[44]      Mr Brett Thompson, Senior Government Lawyer, Safety Net, Organisations and Protections Branch, Workplace Relations Legal Group, DEEWR, Proof Committee Hansard, 2 February 2012, p. 25.

[45]      DEEWR, Submission 27, p. 17.

[46]      DEEWR, Submission 27, p. 18.

[47]      Professor Roy Green, Building Innovative Capability: Review of the Australian Textile, Clothing and Footwear Industries, August 2008, p. viii.

[48]      See AiG, Submission 22; ACCI, Submission 3; TFIA, Submission 16 and NRA, Submission 21.

[49]      NRA, Submission 21, p. 6.

[50]      AiG, Submission 22, p. 2.

[51]      See for example Catholic Justice and Peace Commission of the Archdiocese of Brisbane, Submission 4; FairWear SA, Submission 5; Australian Immigrant and Refugee Women's Alliance, Submission 9; Slater and Gordon Lawyers, Submission 11; TCFUA, Submission 15; Oxfam Australia, Submission 18 and Asian Women at Work, Submission 29.

[52]      See for example Catholic Justice and Peace Commission of the Archdiocese of Brisbane, Submission 4; FairWear SA, Submission 5; Australian Immigrant and Refugee Women's Alliance, Submission 9; Slater and Gordon Lawyers, Submission 11 and TCFUA, Submission 15.

[53]      FairWear, Submission 26, pp 9–10.

[54]      Oxfam Australia, Submission 18, p. 5.

[55]      Oxfam Australia, Submission 18, p. 5.

[56]      Slater and Gordon Lawyers, Submission 11, pp 26–27.

[57]      DEEWR, Submission 27, p. 13.

[58]      DEEWR, Submission 27, p. 13.

[59]      TFIA, Submission 16, p. 3.

[60]      NRA, Submission 21, p. 9.

[61]      See for example Australian Immigrant and Refugee Women's Alliance (AIRWA), Submission 9; FairWear, Submission 26 and TCFUA, Submission 15.

[62]      AIRWA, Submission 9, p. 3.

[63]      FairWear, Submission 26, pp 11 and 12.

[64]      TCFUA, Submission 15, pp 11 and 28–30.

[65]      TCFUA, Submission 15, pp 27–28.

[66]      DEEWR, Submission 27, pp 1 and 14.

[67]      DEEWR, Submission 27, p. 15.

[68]      See AiG, Submission 22, p. 17 and NRA, Submission 21, p. 4.

[69]      NRA, Submission 21, p. 8.

[70]      NRA, Submission 21, p. 3.

[71]      See FairWear, Submission 26, p. 10; TCFUA, Submission 15, p. 3; AIRWA, Submission 9, p. 3; Slater and Gordon, Submission 11, p. 27 and Oxfam Australia, Submission 18, p. 5.

[72]      FairWear, Submission 26, p. 10.

[73]      Mr Brett Thompson, Senior Government Lawyer, Safety Net, Organisations and Protections Branch, Workplace Relations Legal Group, DEEWR, Proof Committee Hansard, 2 February 2012, p. 26.

[74]      DEEWR, Submission 27, pp 13–14.

COALITION SENATORS' DISSENTING REPORT

[1]        Senator the Hon. Chris Evans, Minister for Tertiary Education, Skills, Jobs and Workplace Relations Media Release "Australian workers protected from exploitation" 24 November 2011.

[2]        ACCI, Submission 3, Attachment 1, p. 3.

[3]        Council of Textile and Fashion Industries of Australia (TFIA), Submission 16, p. 3.

[4]        The Australian newspaper, 21 July 2010.

[5]        Submission 16, p. 3.

[6]        Fair Work Act.

[7]        Submission 16, p. 11.