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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3431 ..

The Assembly voted-

	 Ayes 6  			Noes 9

 Mr Berry  	Mr Quinlan  	Mrs Burke  	Mr Rugendyke
 Mr Corbell  	Mr Stanhope  	Mr Cornwell  	Mr Smyth
 Mr Hargreaves    		Mr Hird  	Mr Stefaniak
 Mr Osborne    			Mr Kaine  	Ms Tucker        
				Mr Moore   
Question so resolved in the negative.

Amendment negatived.

MR BERRY (9.08): I move amendment 4 circulated in my name on the yellow sheet [see schedule 3, yellow sheet, at page 3540].

This clarifies the issue of outwork. Outworkers, the duties they carry out and the exploitation of them have been a growing problem in this country for some time, especially in the footwear and clothing industry, but in other areas as well. IT has now become an area where there are some outworkers as well. There are also people running call centres and those sorts of things. So outworkers have become a reality and need to be covered.

I submit that this proposal will, remove any doubt and, as it says:

... the fact that the treatment or manufacture of articles or material, or the performance of services, takes place on premises not under the control or the management of the principal does not affect the determination of-

(a) whether the outworker is a worker for this Act; or

(b) if the outworker is a worker for this Act-who is, or who is taken to be, the outworker's employer for this Act.

It stands on its own and speaks for itself. I would be surprised if any socially just person would oppose this. Mind you, I have been surprised a couple of times so far.

MR SMYTH (Minister for Urban Services, Minister for Business, Tourism and the Arts and Minister for Police and Emergency Services) (9.10): Mr Speaker, rather than oppose the amendment, the government will go better. If Mr Berry refers to proposed section 5B (2), he will see that it goes further and supports an ever-expanding group of workers in this new environment. Our section removes any doubt as to their inclusion and their entitlements in the provision. We are being more generous to workers than the restrictions Mr Berry would put in place. We will oppose his amendment.

Amendment negatived.

Clause 4, as amended, agreed to.

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