New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 129D

129D Claims by outworkers in clothing trades for unpaid remuneration

(1) When may an outworker make an unpaid remuneration claim under this section? An outworker in the clothing trades may make a claim under this section for any unpaid remuneration against the person the outworker believes is his or her employer (the
"apparent employer" ) if the employer has not paid the outworker all or any of the remuneration for work done by the outworker for the employer (the
"unpaid remuneration" ).

(2) The claim must be made within 6 months after the work is completed.

(3) How is an unpaid remuneration claim made? The claim is to be made by serving a written notice on the apparent employer that--

(a) claims payment of the unpaid remuneration, and

(b) sets out the following particulars--

(i) the name of the outworker,

(ii) the address at which the outworker may be contacted,

(iii) a description of the work done,

(iv) the date on which the work was done,

(v) the amount of unpaid remuneration claimed in respect of the work.

(4) The particulars set out in the unpaid remuneration claim must be verified by statutory declaration.

(5) This section applies only in respect of remuneration for work carried out after the commencement of the section.

(6) Clause 3 of Schedule 1 does not apply to an employer served with an unpaid remuneration claim under this section.