The Impact of Federal Legislation upon the Scope of State Jurisdictions to Regulate Outwork

LexisNexis Butterworths
Publication Type:
Journal Article
Australian Journal of Labour Law, 2009, 22 pp. 147 - 160
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This article examines the potential scope of legal protections for certain outworkers as a result of recently enacted federal legislative provisions. The article begins with an overview of existing legal protections under state and territory laws for independent contractor outworkers labouring in industries outside the textile, clothing and footwear sector protections which survived the Howard governments federal takeover of labour law. The article then examines how the further centralisation of labour law under the Rudd Labor government has affected these existing legal protections. In particular, the article analyses the impact upon these state jurisdiction legal protections from the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Cth) and the Fair Work Act 2009 (Cth).
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