OUTWORK - Reaching an Invisible Workforce

Transcription

OUTWORK - Reaching an
Invisible Workforce
Outwork Report 1998
Dale Street Women's Health Centre
Unit of Adelaide Central Community Health Service
South Australia
Outwork : Reaching an Invisible Workforce
Outwork Report
Produced as part of the
Dale Street Women's Health Centre's Project
Outwork — Reaching an Invisible Workforce:
Occupational Health and Safety and Outwork in South Australia
ISBN 0 646 34221 5
Funded by WorkCover South Australia
and Adelaide Central Community Health Service
Design and layout : Maryanne Martin
Printed : Kookaburra
Illustrations : Barbary O'Brien
Cover : Dilys Brecknock
Project Officer : Christine Gates
Produced by Dale Street Women's Health Centre
56 Dale Street
Port Adelaide 5019
phone (08) 8447 7033 fax (08) 8447 7043
February 1998
Dale Street Women's Health Centre is a unit of the Adelaide Central Community Health Service.
Acknowledgements
My sincere thanks for the support given by the many outworkers who shared their experiences and
views of outwork. Phuong Vo, Assistant Project Officer and Sappho Ruth contributed special skills
and talents to this project. Thanks to community workers, especially those involved in services to
people of diverse cultural and linguistic backgrounds, who promoted and distributed information
and shared their knowledge of outwork. Many people in health, education and industry sectors
have given ongoing support and contributed to the successful project outcomes. Special thanks also
to the Outwork Project Advisory Group and staff at Dale Street Women's Health Centre.
Thanks to those who assisted in editing this report and to Tracey Sloan for the final valuable edit.
Christine Gates
Project Officer
February 1998
Outwork — Reaching an Invisible Workforce
Contents
workcover
Custorner Information
Centre Library
loo Waymouth Street
Adelaide South Australia 5000
Telephone: (08) 8233 2577
Introduction
1
Executive Summary
2
Recommendations
4
Outwork
8
What is Outwork?
8
Who Does Outwork?
8
Outwork, Women and Disadvantage in the Labour Market
9
More than an Industrial Issue
10
Summary
11
'Outwork : Reaching an Invisible Workforce'
12
The Dale Street Women's Health Centre Project
Outwork : The Big Picture
12
Project Background
12
Project Objectives
13
Outcomes : Achievements and Gaps
13
How Project Objectives were Met and Outcomes Achieved
18
Ongoing Actions
20
Findings and Recommendations
23
Outworkers — The Invisible Workers
23
Payment
28
Hours
32
Isolation
32
Contents
Affect on the Family
34
Occupational Health and Safety Issues
35
Employment Status
37
Outwork Covered by Awards
38
Outwork in Award Deficient Work
41
Industry Sectors
43
Legislation and Outwork
45
Social Security and Taxation
49
Education and Training
51
Community Awareness
53
Bibliography
ii
54
Introduction
In Australia major restructuring of the workforce is dramatically changing the work environment.
An increasing casualisation of work has created uncertainty for workers. Contracting and
outsourcing of work by companies and governments has dramatically impacted upon traditional
working conditions, and the deregulation of the market place is creating work practices that offer
significantly less protection for workers.
Workers are now competing with international labour markets where labour costs are generally
significantly cheaper. Companies are continuing to move off shore to utilise cheaper labour and
overhead costs. In the context of the current economic climate, home-based outwork continues to
grow as a means of cost effective production and service delivery. For industries initiating and
adapting to these significant changes the value of labour and the quality of working life needs to be
maintained and incorporated into the formula for a more efficient and productive workforce.
For an increasing number of home-based outworkers, working conditions are almost entirely subject
to 'market forces'. This is because these workers either fall outside of current legislation and awards
which protect workers and guarantee fair and reasonable working conditions, or are covered by
legislation and awards which fail to protect them.
Outworkers do not have either the collective or individual power to negotiate enterprise bargaining
agreements or awards. This is because they are isolated, many have little or no English language,
outworkers often have limited knowledge about worker rights and entitlements, and they have no
means of ensuring fair or reasonable working conditions.
This report is the result of a twelve month WorkCover funded project 'Outwork: Reaching an
Invisible Workforce'. The project had an overall brief to produce and distribute information,
education and training material which addressed occupational health and safety and the industrial
rights and responsibilities of outworkers and employers of outworkers.
In this report:
'Outwork' defines outwork as an occupation, and describes outworkers and their reasons for
taking up the occupation. Further, outwork is located within the context of the current political and
socio-economic environment.
'Outwork: Reaching an Invisible Workforce' describes the WorkCover funded project
'Outwork : Reaching an Invisible Workforce'. It outlines the objectives and processes implemented to
achieve project outcomes.
'Findings and Recommendations' details the findings and recommendations from the
project and highlights the experiences of outworkers in South Australia. The growing extent of
outwork, the working conditions and impact on health and safety for outworkers are reported. The
Recommendations of this report evolve from the findings and are supported by recent inquiries and
other reports as indicated.
Introduction
1
Executive Summary
The findings of this report represent the experiences and views of outworkers. The findings attempt
to make visible an employment practice that involves tens of thousands of home-based outworkers
in South Australia. The simplicity and ease of exploiting outworkers is exposed within an
increasingly complex and changing society where it appears ethical responsibilities within industry,
government and the community struggle to exist.
The twelve month WorkCover funded project 'Outwork: Reaching an Invisible Workforce' produced
information, education and training materials addressing occupational health and safety, and
industrial rights and responsibilities of outworkers and employers of outworkers. This information
was widely distributed. Working with community organisations and promoting community
awareness of outwork issues created opportunities to collect outwork stories. The experiences of
outworkers came from a variety of settings and sources; including workshops, shopping centres,
community centres, outworkers themselves, community workers, educators and manufacturers.
The experiences of outworkers described in this report suggest these workers are amongst the most
isolated, vulnerable and blatantly exploited in our community.
The vast majority of outworkers are women and come from diverse cultural and linguistic
backgrounds. They are largely isolated in the community with the contractor often being the only
regular contact some outworkers have with another adult outside of the family. The working
conditions of most outworkers are well below acceptable Australian standards. Findings indicate
payment varies from less than $1 per hour to a very few who receive award conditions and are
acknowledged as employees by their employers. Findings show many forms of outwork are paid by
the piece and when converted to hourly rates the variation is usually between $2 to $6 per hour.
Outworkers are often subjected to either periodic or ongoing working hours well over the accepted 8
hour day. It is therefore not surprising to find that outworkers regularly talk of health problems as a
result of the work they do.
The findings of this report suggest occupational health and safety information and procedures are
absent in home-based paid work. Many outworkers are under pressure to complete orders, often in
unrealistic timeframes, and cannot negotiate working conditions to minimise risks to health and
safety. Contractors, manufacturers, retailers and other businesses utilising outwork are not taking
responsibility for this situation. The silence from government authorities in ensuring the safety of
outworkers contributes to this scenario of exploitation and work-related health problems.
The solutions needed to validate outworkers as valued, recognised and legitimate Australian
workers are difficult to develop and implement. An intersectoral approach needs to be adopted.
That is people representing industry, government departments, education, health and community
sectors need to work together on strategies with a clear purpose of ensuring reasonable and fair
working conditions for outworkers.
It is possible for an agreed Code of Practice to ensure outworkers covered by awards receive those
specified working conditions. It is possible for a planned joint Social Security and Australian
Taxation Department amnesty in conjunction with a major community based awareness campaign to
work. It is also possible for government departments responsible for enforcement of awards and
legislation to work with unions and employers and community organisations to ensure outworkers
2
Outwork - Reaching an Invisible Workforce
receive fair and reasonable working conditions. It is possible for governments to commit to minimal
base wages for workers, including outworkers. It simply needs the commitment, political will and
resources to act.
In reading the findings the recommendations are blatantly obvious. Many recommendations are
similar to those put forward in the Senate Economics References Committee (1996) and Industry
Commission (1997) inquiries into the garment industry and from reports including the Working
Women's Centre's 'Lifting the Lid' (Murphy, 1993) and 'Home is Where the Work Is (Hogan, 1991).
It is useful to read this report with reference to these related inquiries and reports.
4/z(- „ ,
0
(7(( Ow 77/{
"
dt?
"
Executive Summary
3
Recommendations
Recommendation 1:
Research
It is recommended to the Australian Bureau of Statistics and the Federal Government:
1.1 That the Australian Bureau of Statistics explore means of identifying outworkers in a separate
category from the group of workers in paid employment at home.
1.2 That the Australian Bureau of Statistics, in the national census, sample people who identify as
outworkers to elicit the nature and conditions of outwork.
Recommendation 2:
Outwork Support Group
It is recommended to the Working Women's Centre:
2.1 That pilot outwork support programs be initiated in the community:
•
to make contact with outworkers;
•
for outworkers to gain information about workers' rights and entitlements;
•
to support outworkers in regard to occupational health and safety issues, particularly in
prevention strategies;
•
to support outworkers in gaining improved working conditions;
A
to encourage outworkers to meet together;
•
to explore opportunities for outworkers to gain English language, education and
employment skills.
Recommendation 3:
Occupational Health and Safety and Worker's Compensation
It is recommended to the Department for Industrial Affairs, the Department of Workplace Relations
and Small Business and their respective Ministers, WorkCover, the United Trades and Labour
Council and the Working Women's Centre:
3.1 That there be established agreed minimum standards covering the working conditions of
outworkers and that these be promoted throughout relevant industries.
3.2 That an updated publicity campaign be conducted which is aimed at informing outworkers and
employers of outworkers about:
A
4
their rights and responsibilities and obligations under the Occupational Health and Safety
Act 1986;
their rights and responsibilities under the Worker's Rehabilitation and Compensation Act
1986;
A
risks to health and safety experienced by outworkers; and
A
that this campaign be culturally sensitive, include various community languages, utilise
the media and be developed collaboratively with community organisations.
3.3 That OH&S concerns and preventative actions associated with outwork, be incorporated in
appropriated OH&S vocational training programs.
Recommendation 4:
Employment Status
and Small Business and their respective Ministers, the United Trades and Labour Council, the
Working Women's Centre and the Employee Ombudsman:
4.1 That the employment status of outworkers, both those covered and not covered by awards, be
clarified.
Recommendation 5:
Award Coverage of Outworkers
and Small Business and their respective Ministers, the United Trades and Labour Council and the
Australian Services Union:
5.1 That there be an investigation and clarification of the coverage of outworkers under existing
awards.
5.2 That the appropriate government departments ensure compliance of those manufacturers and
contractors who are failing to pay award rates to outworkers covered by awards and recognised
as employees under the Industrial and Employee Relations Act 1994.
5.3 That Inspectors, Investigation and Information Officers in the key government organisations
responsible for enforcement of awards and occupational health and safety and industrial
legislation include knowledge and awareness of outwork in all training programs.
5.4 That immediate action be taken to ensure registration with either the State or Federal Industrial
Registrar, of those manufacturers and suppliers and contractors who contract out work, as
defined under the Clothing Trades Award.
5.5 That the South Australian Clerks Award be amended to include clerical outworkers to ensure
their recognition and entitlements to award coverage.
Recommendations
5
Recommendation 6:
Award Deficient Outworkers
It is recommended to the Department for Industrial Affairs and the respective Minister, the United
Trades and Labour Council and the Employee Ombudsman:
6.1 That the South Australian Government develop a statement of principles, clarifying the
importance of all workers having the industrial protection of an award or enterprise bargaining
agreement.
6.2 That the Industrial and Employee Relations Act 1994 be amended to cover outworkers
irrespective of whether they are covered by an award or enterprise bargaining agreement.
6.3 That the Industrial and Employee Relations Act 1994 be amended to include outworkers in the
service industry sector.
6.4 That the State Government support the United Trades and Labour Council application for
the general workers award, known as the 'Minimum Standard for Remuneration — South
Australia — State Award' to apply to non award workers under State jurisdiction.
6.5 That the United Trades and Labour Council acknowledges outworkers currently not covered by
an award in the proposed 'Minimum Standard for Remuneration — South Australia — State
Award'.
6.6 That a register of outworkers, both covered and currently not covered by awards, be
established, but that the registration by outworkers not be a legal requirement.
Recommendation 7:
Industry Sectors
It is recommended to the Australian Retailers Association and other textile, clothing and footwear
(TCF) manufacturers and retailers and the South Australian Government:
7.1 That manufacturers and retailers in the TCF industries sign the Homeworkers Code of Practice
developed between the Council of Textile and Fashion Industries of Australia (CTFIA),
Australian Retailers Association and the Textile Clothing and Footwear Union of Australia
(TCFUA) and that the State and Federal governments officially endorse the Homeworkers Code
of Practice.
7.2 That the South Australian Government consider a Code of Practice similar to the New South
Wales Government's Code of Practice.
7.3 That the South Australian Government expand the above Code of Practice to include all forms
of outwork; such as clerical, service, packaging, assembling and distribution work.
6
Recommendation 8:
Legislation
It is recommended to the Department for Industrial Affairs and the Department of Workplace
Relations and Small Business and their respective Ministers:
8.1 That the Federal Government ensure standard employee protection for outworkers.
8.2 That the Industrial and Employee Relations Act 1994 be amended to cover outworkers
irrespective of whether they are covered by an award or enterprise bargaining agreement.
8.3 That the Industrial and Employee Relations Act 1994 be amended to include outworkers in the
service industry sector.
8.4 That culturally sensitive promotion campaigns targeting outworkers take place that clarify
workers' rights and entitlements, particularly when their work is covered by awards and that
they are recognised as employees under the Industrial and Employee Relations Act 1994. That
is, regardless of whether outworkers are labelled contractors or have a registered business.
Recommendation 9:
It is recommended to the Department of Social Security and the respective Minister and the
Australian Taxation Office:
9.1 That there be an extensive social security and taxation amnesty involving key stakeholders, and
a commitment to community promotion and liaison to encourage outworkers to declare income
and register with the Taxation Reportable Payment scheme.
Recommendation 10:
It is recommended to the Department for Employment Training and Further Education, the
Department of Employment Education Training and Youth Affairs, the Department of Immigration
and Multicultural Affairs and their respective Ministers, and the Institutes of Further Education:
10.1 That there be increased funding for language, literacy and vocational education and training
and Labour Market training programs that outworkers can access.
10.2 That there be ongoing provisions for flexible language, literacy and numeracy training for
outworkers.
10.3 That language, literacy and numeracy training be structured into mainstream vocational
training, particularly TCF programs to assist outworkers to access mainstream employment
10.4 That the Department of Immigration include information on outwork as part of the orientation
information and programs for new arrivals.
Recommendations
7
Outwork
What is Outwork?
Outwork is paid work that is generally performed in or around a home and under the control of an
outside employer or contractor. Outwork is also known as home-based work, homework, piece
work, and sweated labour.
The International Labour Organisation has defined homework, as:
work carried out by a person, to be referred to as a homeworker, (i) in his or her home
or in other premises of his or her choice, other than the workplace of the employer; (ii)
for remuneration; (iii) which result in a product or service as specified by the employer,
irrespective of who provides the equipment, materials or other inputs used, unless this
person has a degree of autonomy and of economic independence necessary to be
considered an independent worker under national laws, regulations or court decision:
(International Labour Organisation 1996).
A South Australian study conducted by the Working Women's Centre called 'Out of Sight, Out of
Mind' (Tassie, 1989) identified 30 different types of outwork including clerical work, sewing,
computer processing, knitting, assembling of badges and security alarms, child care, food
preparation, lamp shade and curtain making. Many outworkers receive little money for their time
and skills, and work under conditions that can create risks to health and safety. Recent research
conducted by the Australian Bureau of Statistics (1995) indicates that an increasing amount of work
is being performed at home.
Who Does Outwork?
Outworkers are most often women and are frequently women from diverse cultural and linguistic
backgrounds. They are isolated in the community and usually have little or no understanding of
their rights as workers. A garment outworker profile was described by the Senate Economics
References Committee (1996) as follows:
Outworkers are typically recent migrants [and refugees] who, largely because of poor
English language skills and family-care responsibilities, have limited employment
opportunities and are thus unable to join the regular labour force. They are most often
women although there are some men who perform outwork full-time. Other family
members, such as older relatives or children may also be involved.
Outworkers are generally aged between 25 and 35, and most have young children for
whom they have primary responsibility in addition to housework.
Many outworkers have no educational qualifications, although some have qualifications
gained in their country of origin which are not recognised in Australia. Outworkers
usually experience significant barriers to obtaining alternative employment. They feel
trapped in a working situation that offers little relief, inadequate support and few
opportunities for change. (p13-14)
8
Outwork, Women and Disadvantage in the Labour Market
The fact that the majority of outworkers are women can be understood as an effect of broader
politico-social constructions of womanhood that work to disadvantage women and render them
powerless and more susceptible to exploitation within the paid labour market generally
Factors that contribute to women choosing outwork as a form of employment include the following:
A
Despite women's increased entry into the paid labour market, responsibilities for family,
including care of children and the elderly, have remained primarily with women. This coupled
with lack of access to affordable child care has made it difficult for many women to seek
employment outside of the home;
A
lack of confidence, knowledge and training in the particular skills required to gain employment
in mainstream workplaces;
A
family disapproval of work outside of the home for women;
A
the need for money to pay for basic necessities such as food and bills; and
A
however exploitative or unsafe outwork may be, it can provide some women with a means of
economic independence that would otherwise not be available to them.
Other aspects of identity and experience bound up in issues of migration, language and culture
often meet with gender in a mutually determining way to create an intersection of disadvantage and
powerlessness for women within the paid labour market. It is within the context of this political,
socio-economic reality that outwork becomes an employment option for some women.
Factors relating to issues of migration, language and culture that contribute to women choosing
outwork as a form of employment include the following:
A
Recent migrants to Australia have little understanding and no experience of Australian
working conditions. This contributes to a lack of awareness about the rights of outworkers and
processes for addressing the violation of these rights. For migrants from non English speaking
backgrounds who have limited
English language and literacy skills
there is a further disadvantage in
terms of access to information and
knowledge about safe and
equitable working conditions in
Australia.
A
Fear of racism in the workplace.
A
However exploitative or unsafe,
outwork provides some migrants
with a means of obtaining financial
support to send to their families in
their country of origin that would Foe? ref"ey Suer( 4 coop chfc
t krefii<m/4 so tigelb 4./E1,1-A
otherwise not be available.
LIWE Y-0 -ro .4ecctor THESE
cvlocot,frEs
Outwork
eiS
pA y.41E-Arr.'
9
More than an Industrial Issue
The issues associated with outwork cross many sectors. Outwork can be understood as more than an
industrial concern. It is also about health and welfare, social justice, employment rights, entitlements
and responsibilities, changing economic structures, government policies and directions, ethics and
the role of women and people from diverse cultural and linguistic backgrounds in our community. It
is about the kind of society in which we want to live and work.
Outwork as an employment practice is part of a larger process by which the workforce has become
more 'flexible and deregulated. A deregulated system is one of less centralised industrial relations
and wage fixing, less award coverage, and reduced union organisation and protection. It is characterised by individual and workplace contracting and subcontracting. In this situation there are often
inequalities in bargaining power between the worker and the party who is contracting for the goods
and services. Of grave importance for the future is the Workplace Relations Act 1996 which supports
further deregulation of the labour market.
Outwork creates a 'flexible' workforce for the employer and contractor. This is part of a larger trend
in changing employment patterns, often described as the 'casualisation' of the workforce. Outwork
offers significant cost reductions for the employer and contractor. This is part of the trend to convert
the employer-employee relationship into a contractor-subcontractor relationship. This results in
significant labour cost savings by minimising employer responsibility in regard to particular
working conditions such as working hours, payment, occupational health and safety, leave and
superannuation.
When outworkers are constantly working long hours in conditions that are not safe then health
problems are inevitable.
Advances in technology have created flexible worksites. The Australian Bureau of Statistics data
shows an increase in home-based clerical work with 1992 statistics indicating 127,400 female and
4,900 males working from home.
The changing employment pattern contributes to the exploitation of outworkers. Exploitation is
when labour is used in an unfair, unreasonable and unethical way for the profit of others. The
Australian Catholic Social Justice Council described the situation of sewing outworkers as follows:
10
The outworker chain can be viewed as a structure of injustice. It provides the means for
exploitation to occur. No one group is solely to blame, rather a convergence of factors
[including] labour practices, economic policy, educational disadvantage, manufacturing
practice and the retail market have brought about a structural injustice whereby the most
disadvantaged suffer (in Senate Economics References Committee 1996, p21).
Summary
In summary outwork is paid work done in or about the home. Outworkers have little autonomy or
economic independence and are often vulnerable to exploitation in their work. They are most often
women, frequently women from diverse cultural and linguistic backgrounds who have extremely
limited job opportunities for a variety of reasons.
Changes in employment practice and patterns are creating increasing numbers of home-based
workers. A more deregulated employment system offers reduced protection for outworkers. A
decentralised wage system fragments the ability of marginalised workers to negotiate improved
working conditions and wage increases.
Worker rights and entitlements established in awards that offer protection to workers in weak
bargaining positions is compromised in the current process of enterprise bargaining agreements. In
the current political and socio-economic climate of reduced union power and resources workers will
have less support. Outwork continues to be a marginalised form of work with minimal protection
for workers.
- Me FLEX/&E
Outwork
Wael<FOtecE
11
'Outwork: Reaching an Invisible Workforce'
The Dale Street Women's Health Centre Project
Outwork : The Big Picture
During the life of the Dale Street Women's Health Centre project 'Outwork : Reaching an Invisible
Workforce' there has been increasing attention and action in addressing outwork issues and
concerns, both nationally and internationally.
In Melbourne the Textile Clothing and Footwear Union (TCFU) have continued their commitment to
outworkers by gathering information, working with outworkers, developing appropriate literacy
programs and establishing working relationships with contractors, manufacturers and retailers. In
Sydney work has commenced on a pilot outworkers' sewing co-operative. On the national level the
community based Fair Wear campaign is well under way involving Churches, community
organisations and unions with the main aim being to encourage retailers and manufacturers to sign
an ethical Homeworkers Code of Practice. Senate and Industry Commission Inquiries have also
sought to address outwork issues.
The International Labour Organisation held the Homeworkers Convention in Geneva in June 1996
and recommendations were passed on basic principals in regard to the working conditions of
homeworkers (known in Australia as outworkers). Research from the National Group on
Homeworking in Leeds, England, reflects similar issues and concerns especially with respect to
occupational health and safety problems experienced by outworkers there (Huws, 1994).
The Dale Street Women's Health Centre project 'Outwork : Reaching an Invisible Workforce' was
implemented during a fortuitous time and has been able to link with national and international
actions. At the same time effective implementation of the project objectives was achieved within a
community development framework.
Project Background
Dale Street Women's Health Centre has established an ongoing commitment to occupational health
and safety (OH&S) issues especially with respect to outwork. This commitment is reflected in
working with women who have sustained occupational overuse injuries, collaborative work with
the Working Women's Centre and policy input via the Women's Advisory Committee with the
former South Australian Occupational Health and Safety Commission.
The South Australian Government plan for improved workplace safety for workers from non
English speaking backgrounds specifically identified outworkers as a priority area. A media release
by the then Premier and Minister for Multicultural and Ethnic Affairs, Mr Dean Brown, stated that
the plan "makes suggestions for multilingual information on employees and employer rights and
responsibilities for outworkers so that outworkers are brought into the regulated industrial system"
(The Advertiser, 23.2.95).
At 1995 all available evidence pointed to dramatic increases in the numbers of women working from
home. Much of this work involves processes which are injurious to health. These processes occur
both in the manufacturing areas, such as clothing outwork, and in the 'white collar' areas, such as
12
word processing. South Australian research demonstrated that large numbers of outworkers
experience adverse health effects as a result of their work (Tassie, 1989). Outworkers are particularly
vulnerable as a group. They lack access to information about prevention of injuries, and about their
rights and entitlements under occupational health and safety, worker's compensation and
rehabilitation and other relevant industrial legislation. They work in unsafe conditions for longer
than other workers because of their isolation, invisibility and relative vulnerability. Dale Street's
work with Spanish speaking women in the northern and western regions of Adelaide identified that
outworkers suffer serious disadvantage because of their work and its organisation.
In late 1995 Dale Street Women's Health Centre was successful in gaining funding from WorkCover
to produce and distribute comprehensive information about OH&S issues and industrial and
legislative rights and responsibilities of outworkers and employers of outworkers. This information
was to be distributed throughout the community.
Project Objectives
The funding of the Dale Street Women's Health Centre project' Outwork: Reaching an Invisible
Workforce was given on the basis of achieving a number of proposed outcomes. The overall project
brief was to produce and distribute information about OH&S issues, and the industrial and
legislative rights and responsibilities of outworkers and employers of outworkers. This information
was to be promoted and distributed throughout the community using a range of innovative
community based strategies.
The project objectives were:
1.
Outworkers and employers will have increased knowledge and awareness of their OH&S and
industrial rights and responsibilities.
2.
Community Workers will have increased knowledge and awareness of OH&S and industrial
and legislative rights and responsibilities of outworkers and employers.
3.
Relevant educational institutions and organisations will include education and training about
OH&S issues for outworkers.
4.
Community workers, employers, unions and the general community will have an increased
awareness of the OH&S and industrial rights and responsibility issues surrounding outwork.
5.
An Outwork Information Contact Network will be established to act as a key organisation in
lobbying, disseminating information and acting as a central knowledge base on outwork.
6.
An ongoing structure for monitoring outwork will be established.
Outcomes: Achievements and Gaps
The overall project goal was:
to increase knowledge and awareness of OH&S legislation and statutory rights and
responsibilities in outworkers, (including potential outworkers) employers of outworkers
and community organisations.
Outwork: Reaching an Invisible Workforce
13
Work included the development and distribution of Outwork Information Kits, displays and
workshops. Media coverage and extensive organisational involvement in this project is indicative of
the increase in knowledge and awareness brought about by this project. Outwork issues have gained
considerable recognition not only as an occupational health safety and industrial concern, but also as
economic, social, multicultural and educational issues. This project has successfully involved many
different sectors including industry, health, community and education. This has increased
understanding and contributed to the debate for the need for real changes to improve working
conditions and so prevent work related injuries and illnesses.
One frustration in the project has been the limited direct contact with employers and contractors.
The time required to establish meaningful links was not available in this project. Despite this the
project was able to:
A
develop a comprehensive list of retailers, manufacturers and contractors in the textile clothing
and footwear industries;
A
highlight poor levels of compliance by manufacturers and contractors with respect to nonpayment of awards where workers were arguably covered by the awards and failure to register
when contracting out work under the Clothing Trades Award;
A
gather information which indicated some manufacturers, suppliers and contractors lacked
knowledge regarding outwork OH&S issues;
A
gather information regarding school uniform manufacturing in Adelaide from a manufacturer
which matched with many outwork stories;
A
promote outwork issues in the Vietnamese annual business directory; and
A
gather information regarding contractors using Social Security as a wage subsidy scheme.
Due to time restraints the project was unable to directly promote outwork issues to the wider
manufacturing and contracting areas, although media promotion would have attracted the attention
of this group. An Outwork Project Stage 2 has been discussed with WorkCover. Such a project would
provide the time to implement worthwhile campaigns directly to this audience. This project simply
lacked the time and resources to implement more than a superficial contact with this group.
Specific project outcomes
In achieving the objectives of the project the following outcomes will be evaluated:
Develop Information pack for employers, community workers, community
organisations and others
The Outwork: Reaching an Invisible Workforce : Information Kit was designed:
A
for a broad range of audiences;
A
to quickly inform people about outwork issues;
14
A
to encourage actions such as displays, photocopying of information, discussion and consumer
action;
A to inform outworkers on injury prevention strategies, OH&S issues and key organisations who
can assist.
The kit is flexible in content, and depending on the audience has included:
A
information sheets,
A
pamphlets in 12 community languages;
A
poster in English and Vietnamese;
A
Office of the Employee Ombudsman material for outworkers in six languages;
A
Taxation Department information in English, Vietnamese and Chinese; and
A
Working Women's Centre information in various community languages.
The kit has been seen as a useful informative resource by a broad range of organisations.
Feedback has been positive;
I am delighted to read information written in plain English.
Industry department inspector.
Distribute Outwork Information Kits to outworkers, employers, community
workers and community organisations using the media, Social Security
offices, displays in shopping centres and other opportunistic means
Some 1400 Kits have been distributed since the launch by the Minister for Industrial Affairs in
October 1996. The October launch was an ideal opportunity to promote the outwork issues through
radio and Messenger newspapers. The May 1997 launch of the Fair Wear campaign in South
Australia received even greater radio and Messenger attention.
Displays have worked effectively to inform the public about outwork OH&S issues. Requests for
information were also generated through this process. Feedback from the public at shopping centre
promotions indicates increased levels of awareness of outwork and the growing extent of this form
of work. Many outwork stories and experiences were collected through this form of promotion.
It has reinforced my good decision to walk away from outwork. It [the project] has made
me more acutely aware of my rights when I am now employed. I would like the project
report to highlight the debilitating affects of isolation on outworkers and the lack of
support and resources.
Former sewing outworker.
We expect Houses offering practical sewing and craft activities to build into their
programs some information re outwork.
Co-ordinator of Community and Neighbourhood Houses and Centres Association
15
We have better understanding of outwork and awareness of the unhealthy conditions. We
also believe people can work together to make changes.
Vietnamese worker in northern suburbs of Adelaide
It [the project] has contributed greatly in raising the plight and exploitation of
outzvorkers.
Worker at Multicultural Communities Council of South Australia
The project has provided information which could be distributed to outzvorkers
encouraging them to have their status as workers out in the open. The workers in this area
are extremely isolated and subject to abuse — need for ongoing support and advocacy.
Migrant Liaison Officer CES
The benefits [from this project] has been having a bilingual worker to work for this project
and the dissemination of adequate information in their own language. The next challenge
is to support homeworkers to be involved in the Fair Wear campaign.
Worker from the Vietnamese Community in Australia S A
I distributed outwork information to health and safety reps. Some of them worked in
factories that also employ outzvorkers.
Former OH&S worker with UTLC
Running training and information workshops for community workers and
community organisations
Forty six workshops were conducted for nearly 800 participants. This reflects the commitment of
project workers to inform the community about outwork issues. Organisations involved crossed all
ages, ethnic backgrounds, community sectors and interest groups. This in itself indicates a successful
outcome.
The workshops, particularly with Institutes of Technical and Further Education (TAFE), functioned
also as pilot sessions for the development of a training development guide as lecturers were
informed about opportunities to include outwork in existing curricula. In addition participants
were encouraged to take action as consumers and buy only from retailers who had signed the
Homeworkers Code of Practice. This action assists in improving working conditions for sewing
outworkers.
The response from workshops and presentations were extremely positive and took the form of many
requests for information, including pamphlets in various languages for friends, contributing
outwork stories and asking questions. Most participants were surprised at the volume of outwork
taking place in the community.
Student responses after sessions were full of praise for interesting and informative workshops.
Thankyou letters from lecturers, a senior manager from the Department for Industrial Affairs and
community groups reflects the value of these sessions experienced by participants.
Making students aware of being exploited if they are home-based outzvorkers emphasised
the need for this work to be done in a safe and healthy environment.
Vietnamese teacher Thebarton Senior College
16
This has been an excellent opportunity for Women's Education students and staff to
learn. It has increased awareness of this very important area. It is important in the report
to highlight the hidden physical, emotional and economic cost to women as a serious
hazard to their health and well being.
Panorama Institute of TAFE lecturer
The response has been very positive — people are very interested to know about the
situation for outworkers. Some have even changed their shopping habits.
Western Adelaide Institute of TAFE lecture in Community Studies
Highlight occupational hazards and prevention strategies by talking to
individual outworkers and community workers. Collect literature on the
topic
The Outwork Information Kit has an OH&S prevention sheet which highlights the actions
outworkers can take in order to minimise health risks. Community workers were encouraged to
photocopy this for outworkers and to distribute it as widely as possible.
The employment of the Assistant Project Officer enabled more effective direct contact work with the
Vietnamese community and especially sewing outworkers. The health and safety concerns
associated with this form of work, and ideas for minimising or preventing work related injuries and
illnesses were emphasised. A number of community workers requested a Vietnamese outwork
poster. The English poster was quickly translated and printed, with 500 being distributed. The
Assistant Project Officer was able to talk with outworkers and contribute their stories to this report.
A number of local and national Vietnamese radio interviews increased this community's knowledge
of outwork issues, including organisations who can assist outworkers.
Develop training material for educational courses
A comprehensive training development guide called 'Outwork : Reaching an Invisible Workhorse'
was printed in June 1997. An initial draft was presented to a curriculum writer for the Institute of
TAFE Textile, Clothing and Footwear course in September 1996 enabling outwork to be incorporated
into the curricula.
Considerable consultation and feedback from some 20 organisations including lecturers from
Institutes of TAFE in Textile Clothing and Footwear, OH&S, Community Studies, Business Studies,
Literacy, Workplace Programs and Women's Studies, unions, community centres, Catholic and
secondary schools, Department for Industrial Affairs, and those members of the Outwork Advisory
Group have resulted in a clear, flexible and well structured training guide.
A grant application (Augusta Zadow Award) seeking funding to employ an educational trainer to
develop 'train the trainer workshops with the guide, and promoting the guide through workshops
and promotion actions, was submitted. Unfortunately this submission was unsuccessful.
The training development guide 'Outwork : Reaching an Invisible Workforce' is available on intemet
via the Office of the Employee Ombudsman and will also be available via the Working Women's
Centre once their website is established. There is considerable interest from Institutes of TAFE,
interstate and overseas links in United Kingdom, as well as the international HomeNet organisation
in the training development guide.
17
Set up and extend network and liaise with relevant organisations
The Outwork Advisory Group participants were actively involved in all major developments
throughout the project. Regular meetings encouraged active participation and utilisation of expertise
within the group.
Many organisations, including: non English speaking background organisations, community grass
roots groups, government and educational organisations, as well as individuals, had regular contact
and involvement through workshops, displays, newsletters, information updates and mutual
networks. Many assisted with the development and distribution of the Outwork Information Kit
and the training development guide.
Establishment of the South Australian Outwork Group
On May 26th 1997 the first meeting of the South Australian Outwork Group was convened under
the auspices of the Employee Ombudsman. Representatives from employer, union, ethnic
community and women's groups were present. A strong commitment to regularly meet and develop
some clear action plans in the short and long term was made.
This meeting was significant, fulfilling not only an outcome of this project but also addressing a
recommendation from the report 'Out of Sight Out of Mind' (Tassie, 1989). Members were clear
about the importance of working collectively and to focus on actions that could assist in the
improvement of working conditions for outworkers.
How Project Objectives were Met and Outcomes Achieved
This section explains the process factors involved in the community development approach used in
this project that contributed to objectives being met.
Location of the Project
There were significant advantages in locating the project at Dale Street Women's Health Centre.
These included the following:
A
previous involvement of the Centre in outwork issues;
A
Dale Street Women's Health Centre is in a community based setting with established
community networks to draw and build upon;
A
organisational commitment to women's health exists;
A
outworkers and some community based groups are more comfortable liaising with a women's
health centre than with more formal departments; and
A
Dale Street Women's Health Centre had already completed a $10,000 outwork project funded
by the South Australian Health Commission under the Women's Health Grants which
produced an outwork pamphlet in twelve different languages.
The WorkCover funded project was able to extend upon work done with the South Australian
Health Commission grant. This saved three months familiarisation with issues, development of
strategies, initiation of community links and costs incurred in development of a pamphlet.
18
Outwork Advisory Group
The Advisory Group for the project' Outwork: Reaching an Invisible Workforce made a significant
contribution. Strategies and planning for the project were discussed at meetings. Additionally the
Advisory Group assisted in developing written materials, offered organisational support and
actively promoted increased awareness of outwork issues in their respective organisations.
The Advisory Group included many people from the previous outwork project. This meant that
members were already familiar with the key issues. Organisations represented on the Advisory
Group included: the Migrant Health Service, the Office of the Employee Ombudsman, WorkCover
South Australia, the Working Women's Centre, the South Australian Employer's Chamber of
Commerce and Industry and the United Trades and Labour Council.
Community Networks and Participation
A broad range of strategies was implemented to involve community groups and organisations in the
project. A basic principle used by the Project Officer was to identify through community groups
what their needs were and to see how the project goals could assist in meeting these. This ensured
the development of mutually beneficial, equitable, and productive partnerships.
The current funding cut-backs contribute to services experiencing severe work loads. Thus, initiating
productive partnerships is often crucial in order to gain community involvement.
Strategies in working successfully with community based organisations used in this project
included:
A
regularly updating organisations with project resources and actions;
A
linking up with already existing programs such as festivals, open days, English classes,
conferences;
A
linking up with one or two existing significant networks, for example the West North Network
Forum and so promote issues further amongst major established networks;
A
with respect to education, adjusting the outwork issues to the program need. In TAFE outwork
issues were included in workshops run for OH&S, Primary Health Care, Community Studies,
Report Writing, Women's Studies and English as a Second Language courses. These workshops
assisted in the development of the training development guide;
A
involving co presenters with a second language when presenting to non English speaking
background (NESB) groups;
A
responding to opportunities such as Community & Neighbourhood Centre Association statewide conference, festivals and like events;
A
being available for following up of individuals and groups was essential as it led to other
contacts and opportunities; and
A
negotiating exchanges of expertise. There was no charge for presentations but there were clear
commitments from educators to assist in editing written material, promoting outwork issues
and the Outwork Information Kit and training development guide in their networks.
19
Intersectoral Collaboration
A striking strength of this project was the range of organisations which were actively involved,
representing health, community education and industrial sectors. Links were established early and
ideas were shared and often incorporated into project strategies. Ideas for the content of the
Information Kit were developed with input from organisations in all these sectors. Workshops were
conducted across all sectors and regular information update sheets about the project encouraged
ongoing contact and input.
Planning
The initial time spent on detailed planning was crucial in keeping the project on track in order to
achieve the project outcomes over a twelve month period. The planning process involved the
Advisory Group and community workers, and incorporated feasible, practical and realistic strategies.
The South Australian Community Health Research Unit was consulted early in the process in order to
establish a clear evaluation and procedural framework for effective evaluation of the project.
Employment of a bilingual worker
As the project progressed it became clear that a Vietnamese worker needed to be involved in the
project. This was followed through as a matter of a priority
An Assistant Project Officer worked on the project for eight months, working two days a week. The
worker was able to promote outwork OH&S issues and distribute information, especially within the
Vietnamese community. Conducting radio interviews and workshops in Vietnamese enabled this
community to access information in a relevant and meaningful way. A Vietnamese poster was
developed in response to a request from the community.
The Vietnamese Assistant Project Officer's work established increased credibility within ethnospecific communities by building trust, and as a result valuable information was exchanged.
Project Tasks
Table 1 highlights the tasks achieved in the project.
The tasks include widespread distribution of the Outwork Information Kits and promotion of
outwork issues using the Outwork Display which had information in twelve community languages.
Articles were written for various newsletters, journals and newspapers. A wide range of
organisations were involved in the 46 workshops with nearly 800 participants in attendance.
Ongoing Actions
Throughout this project strategies were planned and implemented to ensure that the issues pertaining
to outwork continue to be on the agenda of a range of organisations long after the project finished.
Outwork Information Kits
To this end, an attractive, easy to read and useful Outwork Information Kit was designed, printed
and distributed with an expected relevance of at least five years. Dale Street Women's Health Centre
continue to distribute the Kit.
20
Table 1
Project Tasks
Organisations
No. of
No. of
No. of
Organisations Displays Printed
Articles
Involved
No. of
No.
Conducted Participants in Project
Workshops
No. of
Information
Kits
Distributed
NESB Community
Organisations
5
92
79
8
5
270
Other Community
Organisations
7
132
34
1
9
70
Government
Departments
4
97
28
3
2
139
Educational
Organisations
16
209
20
2
1
409
19
18
Local Council
18
Churches
4
96
18
3
4
127
Health
Organisations
7
121
14
12
7
26
Unions
2
49
11
1
35
Industry Sector
1
3
6
1
3
International
Organisations
2
Other
2
TOTAL
46
799
233
5
1
52
2
302
32
1400
Training development guide 'Outwork : Reaching an Invisible Workforce'
This guide continues to be distributed to educational organisations. Some 20 organisations with
broad networks were involved in editing and their responses to the final printed document was
very positive. An application for further funding to do some educational promotion and training
using the guide was unsuccessful.
South Australian Outwork Group
The South Australia Outwork Group involving employer, union, women and multicultural
representatives has already stated that there is a need for this group to be ongoing.
21
The Employee Ombudsman and the Working Women's Centre have taken significant leadership
roles to ensure that this working group contributes to the improvement of working conditions for
outworkers. They will keep key government ministers regularly updated with the work of this
group.
National Fair Wear campaign
The launch of the Fair Wear campaign in South Australian reflects not only the strong links
established interstate but also the enormous community-based work done by this project. People are
increasingly becoming familiar with outwork issues. Community organisations have been actively
involved with the outwork project and are supportive and active in the Fair Wear campaign. This
campaign is quickly mobilising Churches, community organisations, unions and individuals in
South Australia to encourage retailers to sign the Homeworkers Code of Practice to ensure
outworkers gain fair and reasonable working conditions. The Uniting Church will house the
campaign but there is considerable need to gain funding for a paid worker position to assist this
campaign to achieve improved working conditions for outworkers in the textile clothing and
footwear industry.
Summary
The work of this project has been significant, and reflects the effective implementation of a project
using a community development model, which has contributed to the process of improved working
conditions for outworkers. Ongoing actions in a number of key areas ensures that the impact of this
project will continue in future years.
In recognition of the innovation and success of the project' Outwork: Reaching an Invisible
Workforce the international Commonwealth Award of Excellence : Good Practice in Women's
Health was awarded to Dale Street Women's Health Centre in 1996.
1/0./SIOLL0'
22
The Findings and Recommendations of this report are based on
information gathered over a two year period. The sources of
information include data collected from interviews, discussions with
outworkers and those who know about outwork, and from reviewing
literature. Findings also include observations by both the Project
Officer and Assistant Project Officer and information about factors
that impact on outworkers. These factors often compound
outworkers' relative vulnerability not only in the employment sector
but across broad social, economic, education and health areas.
Outworkers — The Invisible Workers
Seventy seven outwork stories were recorded over two years. The
stories have been collected in an opportunistic and often anecdotal
way, as part of an outwork project involving community consultation
and awareness raising, and in the process of developing and
distributing outwork information, education and training resources.
The experiences of outworkers, mostly women and a few men, come
from a variety of settings and sources, including workshops,
shopping centres, community centres, from outworkers, community
workers and educators. Some stories are detailed as a result of
interviews with outworkers, others are brief and from a secondary
source. The Vietnamese Project Officer assisted in identifying
examples of outwork in the Vietnamese community.
The sources of outwork stories are as follows:
Outworkers
13
Community workers
36
Educators and Trainers
Public
7
13
Workers
3
Industry
5
TOTAL
77
Who are outworkers and what do they do?
Information gathered during the two years of outwork projects
indicate that outworkers come from many diverse cultural and
linguistic backgrounds. Table 2 indicates the breakdown on the basis
of linguistic background for those types of outwork identified in the
stories collected for this report:
23
Table 2
Outworkers identified in the Outwork Project
Type
of Outwork
Linguistic
Background
Sewing
Vietnamese
Filipino
Spanish Speaking
Polish
Yugoslav
Greek
Italian
Lebanese
Malaysian
Unknown
Outworkers
Nos of
Women
23
3
2
21
3
2
1
1
1
1
1
1
1
1
1
1
1
1
14
14
Leaflet Distributor
Filipino
Unknown
1
3
1
1
Onion Peeling
Vietnamese
Unknown
2
1
2
1
Unknown
3
3
Computer processing
Unknown
& Telemarketing
3
3
Child Care
1
1
62
58
Knitting
TOTAL
Unknown
It can be seen by Table 2 that Asian women make up significant
numbers of sewing outworkers. This finding is supported by an
interstate study (Textile Clothing and Footwear Union, 1995)
However there are many women from various other linguistic
backgrounds also involved in this form of work.
Table 2 shows six different kinds of outwork. Other studies (Tassie,
1989) show a much broader range of outwork activities being done in
homes in Adelaide.
Discussions with outworkers and community workers indicate
outworkers often have family responsibilities and many women have
limited employment opportunities. Their isolation in the community,
where work can keep them in the home seven days a week, and their
limited understanding of English language and Australian working
conditions increases their vulnerability to exploitation.
24
Vietnamese woman has a girlfriend in Adelaide who sews at
home. She earns about $220 per week while a factory worker
doing the same work gets $440 per week. She said her friend looks
ill. She has lost weight and is not eating properly because she is
always working. She can't get factory work because she doesn't
speak English.
Friend of outworker
Vietnamese woman
has a girlfriend in
It was found that two clerical outworkers with excellent English were
both confident and knowledgeable about their rights and value as
workers. They were both recognised as employees by the employer
and had been able to negotiate with employers to work from home. It
was stated that they worked under award conditions and felt the
arrangements worked well for them. One worker explained that she
worked two days in the office and three days at home.
Adelaide who sews at
I am paid award rates and am WorkCover approved. I save on
travelling costs and time in travelling and feel I have good
working conditions.
Computer Data Operator working from home
home. She earns about
$220 per week while a
factory worker doing
the same work gets
$440 per week...
Friend of outworker
How Many Outworkers?
Details of the number of outworkers in both South Australia and
Australia have yet to be unequivocally estimated. The current
employment trends including the casualisation of the workforce, the
outsourcing of work and privatising sections of the public sector
contribute to the increasing numbers of people working from home.
Production work and increasingly clerical work, are being done in the
home where:
casually engaged homeworkers can save manufacturers
[and other businesses] many of the normal labour on-costs
of full-time direct employment and can allow firms to
avoid...award provision. Significant savings can be made
also on plant and machinery costs. These costs are
effectively transferred to homeworkers, who generally own
or lease their own equipment, work from their own home
and are responsible for maintenance, ancillary materials
and equipment, power and other associated costs.
(Industry Commission 1997, pD.2)
The Australian Bureau of Statistics (ABS) define homeworkers as
people who usually work more hours at home than elsewhere.
However there is no differentiation between the employment status of
these workers. That is, the title of homeworkers includes employees,
business firms, contractors and outworkers. Hence, though included
in figures of homeworkers, the actual number of outworkers is
unclear.
25
This is my only job.
The ABS clearly indicate increases in homeworker numbers. Between
1989 and 1992 the number of homeworkers in Australia increased by
15% to 308,000 (ABS 1992). By September 1995 the numbers had
increased again to 343,300 (ABS 1995). ABS 1992 statistics indicate the
largest occupation group for persons employed at home, Australia
wide, was Clerks, making up 39% of home workers with the majority
being women, that is 127,400 females to 4,900 males.
I cannot complain
or someone else will
take the work.
Onion Peeler
Estimates of outworkers in the textile clothing and footwear industry
in Australia vary. The Textile Clothing and Footwear Union (1995)
report 'The Hidden Cost of Fashion' estimates 300,000 outworkers in
the textile clothing and footwear industries. The Industry
Commission (1997) draft report estimates 23,000 full-time jobs being
performed by outworkers, with actual number of outworkers
involved being much greater than this. In South Australia, estimates
of sewing outworkers vary from 3,000 to 25,000 (The Advertiser 12
July 1997 p8, Textile Clothing and Footwear Union 1995).
In regard to the leaflet distribution industry in South Australia, an
estimate of 6000 distributors for metropolitan Adelaide can be made
on the basis of one distributor servicing 700 houses.
In addition to outworkers involved in garment and leaflet
distribution, there are outworkers in the soft furnishing industry,
packaging, assembling and food preparation industry.
Findings from ABS (1992, 1995), TCFUA (1995) Report and the
Industry Commission (1997) suggests that tens of thousands of South
Australians are outworkers, working from home for a contractor or
employer.
Recommendation 1:
Research
It is recommended to the Australian Bureau of Statistics and the
Federal Government:
1.2 That the Australian Bureau of Statistics explore means of
identifying outworkers in a separate category from the group of
workers in paid employment at home.
1.2 That the Australian Bureau of Statistics, in the national census,
sample people who identify as outworkers to elicit the nature
and conditions of outwork.
This is supported by findings and a similar recommendation from the
Senate Economics References Committee report (1996) 'Outworkers in
the Garment Industry'.
26
"Why Don't They Complain?"
In theory outworkers can complain, particularly when their work is
covered by an award. If their work is covered by an award they can
seek assistance to gain award conditions. If they have a work related
injury and their work is covered by an award, they are entitled to
claim for workers compensation.
In practice, findings indicate outworkers (both those covered and not
covered by awards) do not complain. This is because of a complex
range of factors, including family values and beliefs, cultural norms,
community values, current government policies, economic structures
and business practice, and the nature of women's position in our
society all collude to create an overwhelming sense of powerlessness
for many outworkers. This keeps outworkers silent.
The following comments from outworkers and community workers
clearly document the range of factors that contribute to women
outworkers being powerless to complain about their working
conditions:
There is a sense of secrecy in talking about this work.
Community worker
This is my only job. I cannot complain or someone else will take
the work.
Onion peeler
She does not know
where to go or who
to contact to
complain. She is
also fearful of
government
departments.
Community worker
Although this sewing outworker had a legitimate complaint she
didn't take action because she couldn't speak English, didn't know
any organisations that could help, was fearful of government
organisations and didn't believe anyone could help her. Also the
contractor was part of the out worker's community and could
make trouble for her.
Community worker
I must work because we have just bought a house. I am scared to
lodge a workers compensation claim form because I will lose my
work p claim for my injury.
Sewing outworker
I am an older woman, unable to get any other kind of work.
Child carer
Some men don't want their wives to go out to work in case
women gain knowledge and confidence or meet someone else.
Sewing outworker
They said they would phone when they had cut pieces ready but I
didn't get any more work after I complained.
Sewing outworker
27
An outworker will often accept exploitation because they have no
choice because the cultural acceptance of this system and the
custom of women not to complain.
Community worker
She cannot speak English and very rarely leaves the home. She
believes this goodness [working hard as a sewing outworker] will
ensure luck for her children and her next life.
Community worker
An outworker will
often accept
She does not know where to go or who to contact to complain. She
is also fearful of government departments.
Community worker
exploitation because
they have no choice
because the cultural
acceptance of this
system and the
custom of women
not to complain.
Community worker
The contractor often finds it easy to rip off the outworker because
the outworkers are mostly women who have little say, who have
little English, don't know their rights, don't have opportunity to
go out to work.
Community worker
It was found that many women who identified themselves as
outworkers, came from countries where governments were military
dictatorships and autocratic, where the media was heavily censored
and the right to free speech severely curtailed. Given this, the fear and
mistrust of government organisations expressed by outworkers is
understandable and reasonable.
The outworkers' stories illustrate the numerous and complex barriers
that prevent outworkers from complaining. Therefore it is
recommended that clear messages from appropriate government
authorities, from unions and employer groups, and from the
community in general acknowledge the legitimacy of outwork and
ensure Australian award working conditions are enforced.
The Project Officer believes outworkers need to feel confident to
complain and when they do complain they need to be heard and
actions seen to be taken to ensure outworkers' rights as workers are
upheld. Currently this simply is not the case.
Payment
By the Piece
Findings from outworker and community worker interviews indicate
that payment is by the piece for many forms of outwork:
I sewed winter school uniform skirts, checked, pleated, pockets
and zipper. For each skirt I received $5. It took me nearly 3 hours
to make up a skirt.
Filipino outworker
28
Each lingerie garment had a time and cost for making it up. In 4
years, I only completed one garment in their time rate. I
considered myself an experienced and fast sewer.
Former outworker
The piece rate is determined by contractors and based on 'market
forces'. This appears to mean the cheapest rate at an established
quality standard:
Pressures to keep costs down and remain competitive mean
increase in exploitation of outworkers. The importance placed on
quality means outworkers have become more skilled. The retailers
are interested in price and quality and consider it is not their
business about outworkers wages and conditions.
Retired textile manufacturer/supplier
Sometimes payment may vary depending on the cultural background
of the outworker and whether payments are declared to government
departments.
At an Arndale Shopping Centre promotion a retired supervisor from a
major local manufacturer talked about outworkers hemming nappies
at home.
Outzvorkers of different nationalities were paid different rates.
Retired factory supervisor
Outworkers
of different
Further it was found that the payment arrangement for most
outworkers is on a 'take it or leave it' basis.
nationalities were
I worked at home for 2 days, doing the bead work on two bridal
gowns. I worked from 8 am to 8 pm on both days and was paid
$25 per gown to do the bead work. I told them the money was too
low and asked for $100 for the two dresses. They wouldn't pay
any more and said they have Vietnamese sewers who will do it for
$25 per dress so why would they pay me any more.
Filipino outworker
paid different rates.
Retired factory
supervisor
Other examples of payment that shed light on the level of exploitation
that outworkers are exposed to are as follows:
I heard of a woman knitting jumpers for a shop in the Adelaide
Hills. She gets paid $15 and the jumper sells for $240.
Community worker
I have a friend who sews beautiful jackets and gowns made under
a well known Adelaide label. I see them hanging in her home. My
friend receives between $30- $50 for the gowns which sell for up
to $1000 in the shops.
Vietnamese community worker
29
I am currently doing child care for an agency. I look after three
children including a baby for $6.00 per hour. This is the flat rate
regardless of how many children.
Home-based child carer
I began this work to help out my son 4 years ago. The base rate I
get is $22.00 per 1000 pamphlets. You can increase the payment a
little if you distribute a number of different pamphlets at the same
time. Usually a walker will have an area of about 560 houses and
units. I sort and fold pamphlets in my home and 3 lots of
pamphlets can take 3 to 3 1/2 hours to sort.
Leaflet distributor
I am currently doing
child care for an
agency. I look after
three children
-including a baby for
Outworker costs and overheads
Many outworkers are required to pay costs incurred as a result of the
work they do. This can include:
$6.00 per hour. This
is the flat rate
regardless of how
A purchase or hire of machinery including industrial sewing
machines and computers,
many children.
A
working tools,
Home-based child
carer
A
travel expenses to collect and deliver orders,
A
electricity, and
A
repair and maintenance.
The following comments confirm the extent of costs which
outworkers are required to pay:
I teach an outworker English in her home. This out zvorker sews
intricate gowns [possibly bridal wear]. We worked out that she
made 97 cents per hour. We took into account the costs of travel
to collect and deliver orders, supplying own equipment and
electricity.
ELLS Home Tutor
Costs of electricity, threads, scissors and other running costs
added up. If the machine broke down it cost me $50 for someone
to repair. I paid Sickness and Accident Insurance against loss of
wages until I couldn't afford it any longer.
Sewing outworker
The work involved interpreting designs which were often wrong.
Any changes were at her own expense. She used her car to collect
and drop off orders, paid for the machine, overlocker and
electricity.
Friend of former outworker
30
I did not like it, it was terrible money, you had to use your
machine, your own cotton, your time.
Former Chilean outworker [This Chilean outworker was paid a
few cents for stitching together each calico bag.]
Late Payment
Late payment to outworkers is common practice. Obtaining payment
for completed work can be a frustrating process for many outworkers.
Outworkers are in the difficult position of having to avoid getting the
contractor off side and therefore risking future work yet needing to
ask, sometimes on a number of occasions, for payment for work
completed. Payment issues were frequently raised by outworkers and
community workers:
They have been sewing for more than 2 years. I believes the
women know they are being taken advantage of. Late payments
are a big concern.
I averaged $40 per day, often working 12-16 hours a day. I would
have to wait at least a month before payment and in the end I
refused to work until I was paid what was owing.
Former sewing outworker
My friend used to
knit jumpers for a
company. There were
Non Payment
A number of outworker stories indicate non payment for work:
a few mistakes in a
jumper, so the
company refused to
pay her yet still sold
the jumper. She
refused further work.
Friend of knitter
I know a Vietnamese woman who sews uniforms and fashion
items for a business lady. The outworker was treated badly.
According to the outworker the business lady complains that all
her outworkers are too slow, and also cheats the workers by
complaining about faults in the garments so pays less money. The
business lady sometimes has arguments with contractors who
then don't pay her, and so outworkers don't get paid for their
work. This Vietnamese woman changed contractors.
At Arndale Shopping Centre a woman talked about how she was
approached to do telephone work from home. She had done similar
work in an office. From previous experience she knew it was really
poor pay and sometimes not paid at all so she refused to do the work.
Former office worker
My friend used to knit jumpers for a company. There were a few
mistakes in a jumper, so the company refused to pay her yet still
sold the juniper. She refused fiirther work.
Friend of knitter
31
A Vietnamese sewing outworker worked for a Chinese
Vietnamese contractor. The female contractor failed to pay the
worker for a number of consecutive orders until the amount owed
reached about $3,000. The contractor said she couldn't pay
because her supplier hadn't paid her. The supplier had complained
about the quality of the garments so had not paid the contractor.
The outworker kept ringing the contractor but was always given
an excuse. Although this outworker had a legitimate complaint
she didn't take action because she couldn't speak English, didn't
know any organisations that could help, was fearful of
government organisations and didn't believe anyone could help
her. Also the contractor was part of the outworker's community
and could make trouble for her.
Community worker
These are some of the examples of non payment. They also highlight
the powerlessness of outworkers to take action to retrieve money
owed.
A Vietnamese women
sews garments for a
contractor to a major
South Australian
retailer. She sews till
2am then begins
again at 6am. She
does this seven days
a week. She cannot
speak English and
very rarely leaves the
home.
Vietnamese
community worker
Hours
It is a myth that individual outworkers have the power to negotiate
any part of their working conditions, including the number of hours
worked. Workloads are such that outworkers are often required to
work excessively long hours for orders to be completed in the time
frame demanded by contractors.
A Vietnamese women sews garments for a contractor to a major
South Australian retailer. She sews till 2am then begins again at
6am. She does this seven days a week. She cannot speak English
and very rarely leaves the home.
0 is a Vietnamese Outworker in Adelaide. She phoned the
Assistant Project Officer on 22.01.97 after hearing an SBS
interview in Vietnamese, where the worker spoke about the
outwork project. 0 is working 14 hours a day 7 days a week.
She sews jackets for a clothing company.
Vietnamese outworker
I worked an average of 40 hours per week, which varied from 20
to 80 hours in any week. I often worked in the evening through
till early hours of the morning.
Former outworker
Isolation
The nature of outwork encourages a great sense of isolation. Workers
are isolated from other workers, from friendships, training and
32
educational opportunities, community services and information. If
women have little English this isolation is further compounded.
In communities where outworkers may know each other the sheer
volume of work needing to be done and the frequent long hours of
work keep women homebound. If male partners don't want the
women leaving the home, this creates yet another layer to their
isolation.
She bought an overlocking machine on hire purchase, after
pressure from her husband who wanted her to work from home.
Former Anglo Australian outworker
Every Friday 3-4pm
In Adelaide many Vietnamese women are sewing as outworkers.
Some men don't want their wives to go out to work in case
women gain knowledge and confidence or meet someone else.
Community worker
I collected and
dropped off orders.
I never met other
outworkers.
Former outworker
A number of case studies highlight how the structure of outwork,
where frequently the only regular contact with another person apart
from immediate family is the contractor, limited the women's
opportunity to talk with others about working conditions, to question
and gain knowledge about fair and reasonable working conditions,
and for accessing ideas for improving conditions.
I needed to stay at home with my two children. I bought my own
industrial sewing machine. I found I lost contact with other
workers and didn't get the right payment and often worked till
midnight, sewing.
Former Chilean outworker
Every Friday 3-4pm I collected and dropped off orders. I never
met other outworkers.
Former outworker
Recommendation 2:
Outwork Support Group
It is recommended to the Working Women's Centre:
That pilot outwork support programs be initiated in the community:
2.1 to make contact with outworkers;
2.2 for outworkers to gain information about workers' rights and
entitlements;
2.3 to support outworkers in regard to occupational health and
safety issues, particularly in prevention strategies;
33
2.4 to support outworkers in gaining improved working conditions;
2.5 to encourage outworkers to meet together;
2.6 to explore opportunities for outworker to gain English language,
education and employment skills.
Affect on the Family
I felt guilty at
neglecting my
young children.
Former outworker
Outworker stories demonstrate that it is a myth that women working
at home are better able to care for children. The reality for many
outworkers is that heavy workloads and long hours of work impact
on the family in a range of ways.
Women will work long hours, up to 18 hours a day and very
often seven days a week. They wait for the kids to go to bed, and
continue sewing until they feel tired. The husband and children
help with orders. Women keep working in these poor conditions
for years and years.
Community worker
I felt guilty at neglecting my young children.
Former outworker
In the garment industry heavy workloads in unrealistic time frames
have clearly been documented (TCFUA, 1995; Perry, 1994; Tassie,
1989). In order for outworkers to complete orders within unrealistic
deadlines, it often requires immediate and extended family members,
including children, to assist with work.
The community worker saw the three children aged 13, 10 and 7
sewing towels for a well known company. They each worked at a
sewing machine. One sewed on the label, the other the washing
instructions, and another the hem. They were working before and
after school. This same family were also cutting onions the previous
year. The children were sitting in the shed on the concrete floor,
chopping onions to help their parents complete orders.
Community worker
I know a Yugoslav woman who did intricate sewing on an industrial machine. She developed problems with her neck and shoulders.
When she was really busy her children would help with orders.
Community worker
I was talking with a young Vietnamese community worker who's
mother is an outworker. The mother sews Thomas Tank Engine
motifs on children's clothes. The young worker helps her mother
when she has a large order to fill. There is a sense of secrecy in
talking about this work.
Community worker
34
Occupational Health and Safety Issues
The invisible nature of outwork, the fact that it is done at home, and
the relative powerless position of outworkers to negotiate working
conditions, exacerbates the risks of work related injuries and illness.
There appears to be an acceptance by many outworkers that health
problems are part of the system of outwork. In a work system that
frequently fails to recognise outworkers as workers, where basic
Australian working conditions are denied, and where they have no
power to change the working conditions, this acceptance becomes
understandable.
I spoke with one contractor who had no idea about OH&S issues.
She said 'I don't want to know'. All she is interested in is the
acceptability of the quality of work at a price which enables her
to be competitive. The contractor only uses experienced
'Caucasians' who have a real depth of knowledge of high class
garment manufacture. She contracts with each individually and
uses them in order to avoid the hassles of setting up a
manufacturing unit with all its problems.
Retired textile manufacturer and supplier
She now wears
glasses from the eye
strain of working in
poor light, has
constant backache,
regularly gets
dermatitis in the
fingers as a skin
reaction from some
The following case studies clearly illustrate some of the work related
health and safety issues closely associated with various forms of
home-based work:
laces. One particular
dye has noxious
smell. Sue didn't
complain but
accepted these health
She now wears glasses from the eye strain of working in poor
light, has constant backache, regularly gets dermatitis in the
fingers as a skin reaction from some laces. One particular dye has
noxious smell. Sue didn't complain but accepted these health
problems as part of the work.
Former outworker
problems as part of
the work.
Former outworker
I know a Vietnamese woman who has been sewing for more than
10 years for a number of contractors. She starts work early in the
morning, stops only for cooking, then works till late at night.
This happens 7 days a week. She now suffers regular shoulder
pains. She believes if she continues to work it will go away
because she will not think about it.
Community worker
Many outworkers have their own machines and collect orders
from factories. This worker knows of three women who have
overuse injuries in elbow and shoulder. They have been sewing
for more than 2 years.
35
Tin is a Vietnamese Outworker in Adelaide. She phoned the
Assistant Project Officer on 22.01.97 after hearing an SBS
interview in Vietnamese where the worker spoke about the
outwork project. is working 14 hours a day 7 days a week. She
sews jackets for a clothing company. She has an injury related to
her work. She works very long hours that has lead to her injuries.
Her arm is very sore, she has eye strain, and a nose problem
which results in bleeding. She must work because she has just
bought a house and is scared to lodge a workers compensation
claim form. Also she worries about losing her work if she claims
for her injury.
Vietnamese outworker
She works seven days a week. Sometimes she feels sick. Her body
aches but she believes if she continues to work and not think
about the aching, it will go away.
Community worker
She works seven days
Paula said she suffered from fatigue and often felt stress in trying
to complete orders on time. She felt guilty at neglecting her
young children. Today if she is handling heavy material or work
loads her hands ache and feel weak.
Former outworker
a week. Sometimes
she feels sick. Her
body aches but she
believes if she
continues to work
and not think about
the aching, it will go
away.
Community worker
While in a community health practice the worker came across a
12 year old Lebanese girl who had a sewing needle pass through
her finger. She helped her Mother with sewing.
Doctor
Woman had a sister who knitted for a interstate company. She
worked until her fingers and shoulders ached so badly she had to
stop. It was 12 months before she could knit again.
Sister of knitter
The findings on work related injuries for outworkers in this report
reflect the Industry Commission (1997) findings. Additionally a
detailed study of occupational health and safety experiences of
outworkers in United Kingdom showed a striking resemblance to the
findings of this outwork project (Huws, 1994 p25).
Early findings from the National Occupational Health and Safety
Commission The Effects of Outsourcing upon Occupational Health
and Safety : A Comparative Study of Factory based and Outworkers
in the Australian Textile Clothing and Footwear Industries clearly
indicate that piecework payment systems influence the probability of
injury. (see chapter 3)
36
Recommendation 3:
Occupational Health and Safety and
Worker's Compensation
It is recommended to the Department for Industrial Affairs, the
Department of Workplace Relations and Small Business and their
respective Ministers, WorkCover, the United Trades and Labour
Council and the Working Women's Centre:
While in a
community health
practice the worker
came across a 12 year
old Lebanese girl
who had a sewing
needle pass through
her finger. She helped
her Mother with
sewing.
3.1 That there be established agreed minimum standards covering
the working conditions of outworkers and that these be
promoted throughout relevant industries.
This recommendation supports the National Occupational Health and
Safety Commission recommendation (Senate Economics References
Committee, 1996 p43 and Mayhew and Quinlan, 1997 chapter 4),
which aims to reduce health and safety problems among outworkers
in the TCF industries, and to reduce the community costs of these
problems.
3.2 That an updated publicity campaign be conducted which is
aimed at informing outworkers and employers of outworkers
about:
A their rights and responsibilities and obligations under the
Occupational Health and Safety Act 1986;
Doctor
A their rights and responsibilities under the Worker's
Rehabilitation and Compensation Act 1986;
A risks to health and safety experiences by outworkers; and
that this campaign be culturally sensitive, include various
community languages, utilise the media and be developed
collaboratively with community organisation
3.3 That OH&S concerns and preventative actions associated with
outwork, be incorporated in appropriated OH&S vocational
training programs.
Employment Status
There continues to be confusion in the community regarding the
employment status of outworkers. This is regardless of whether the
work they do is covered by an award or not, and regardless of
whether outworkers are covered under the Industrial and Employees
Relation Act 1994.
37
From the outwork stories it is apparent that although many
outworkers are clearly employees according to awards and legislation
they are told by manufacturers or contractors that they are contractors
or sub contractors. Some outworkers are told to register as a business
as a means for the contractor to avoid responsibilities under awards
conditions. Under the Clothes Trades Award such outworkers are still
covered by the award and entitled to award conditions.
The contractor insisted that I be a registered business, at a cost of
$80 before work was contracted out to me.
Former outworker
Recommendation 4:
Employment Status
respective Ministers, the United Trades and Labour Council and the
Working Women's Centre:
4.1 That the employment status of outworkers, both those covered
and not covered by awards, be clarified.
The contractor
insisted that I be a
registered business, at
The Senate Economics References Committee (1996) report reiterated
this recommendation.
a cost of $80 before
work was contracted
Outwork Covered by Awards
out to me.
Where work is covered by awards, the overwhelming majority of
outworkers do not receive these award rates. This is recognised in the
textile clothing and footwear industry (Industry Commission 1997;
Senate Economics References Committee 1996; TCFUA, 1995; Tassie,
1989). Throughout the two years of information gathering for this
project, the Project Officer found that only one of the 48 identified
sewing outworkers received award conditions.
Former outworker
In the textile clothing and footwear industries the federal Clothing
Trades Award 1982 sets out the minimum wage and terms and
conditions of employment for all clothing workers, including factory
employees, sub contractors and outworkers.
Despite this the outworker stories illustrate that the vast majority of
outworkers in these industries continue to receive well below award
conditions.
My friend earns about $220 per week while a factory worker
doing the same work gets $440 per week.
Friend of outworker
38
I was paid 30 cents per sheet to hem the top and bottom and put
labels on each item. I also hemmed the sides of pillow cases for 3
cents each and could hem 1000 in a day. I averaged $40 per day,
often working 12-16 hours a day.
Former outworker
She received $20 for shirts that sold for $120, which worked out
at less than $6.00 per hour. The work involved interpreting
designs which were often wrong. Any changes were at her own
expense. She used her car to collect and drop off orders, paid for
the machine, overlocker and electricity.
Former outworker
I was paid 30 cents
per sheet to hem the
top and bottom and
put labels on each
item. I also hemmed
As highlighted previously in these findings outworkers in the textile
clothing and footwear industries are paid by the piece. Some
manufacturers and contractors attempt to link the piece rate to award
rates using unrealistic and self interested means:
For each skirt I received $5. It took me nearly 3 hours to make up
the skirt. At the end of the second week I complained that they
money was too little. The owner said "I am paying you the same
as a factory worker." [based on each skirt taking half an hour to
complete so the worker receives $10 per hour]. They said they
would phone me when they had cut pieces ready but I never heard
from them.
Filipino outworker
the sides of pillow
cases for 3 cents each
and could hem 1000
in a day. I averaged
$40 per day, often
working 12-16 hours
a day.
Former outworker
In the above case no independent assessment of linking a fair and
reasonable piece rate to the award rate was conducted.
The outwork stories collected for this report clearly demonstrate that
there is no enforcement of worker rights and entitlements in the
garment outworking industry.
Other Awards that cover outworkers are:
Federal Awards (Commonwealth)
Clothing Trades Award 1982
Felt Hatting (Consolidated) Award 1988
Footwear — Manufacturing and Component Award
Textile Industry Award 1989
State Awards (South Australia):
Clothing Trades Award
Boot and Shoe Conciliation Committee Award
39
Under the Clothing Trades Award 1982, any manufacturer, supplier or
contractor who contracts out work covered by this award is obligated
to register this transaction with the Federal Industrial Commission. In
1995 five companies in South Australia complied with this federal
award and even fewer complied with similar conditions in the state
award.
My friend earns
about $220 per week
while a factory
worker doing the
same work gets
$440 per week.
Friend of outworker
The Clerks Award has a section on telemarketing where a list of
functions are outlined. Although no direct reference is made to
outworkers, the Australian Services Union argue that the functions
can be carried out both on and off site and workers (including
outworkers) are covered by the award. This would then cover clerical
outworkers although such service workers are not currently covered
under the Industrial and Employee Relations Act.
In the outwork stories it was found that two clerical workers, both
working from home, had been working under award conditions in
the office and then negotiated to work from home. One chose to work
two days in the office and three days at home. The report 'Home is
Where the Work Is' (Hogan, 1991) suggests that an increasing number
of clerical outworkers are working well below award rates and
conditions.
In summary, the Findings of this report suggest that outworkers who
are covered by an award, such as garment outworkers, and are
recognised as employees under the Industrial and Employee
Relations Act 1994, often do not receive the working conditions they
are entitled to. Indeed Findings suggest that there is a lack of
commitment to ensure outworkers covered by awards receive the
conditions they are entitled to.
Departments responsible for the industrial protection of workers,
including outworkers, seem unable to take action against contractors
exploiting outworkers. This may be in part because these departments
have experienced cuts in the numbers of inspectors, further inhibiting
enforcement of awards and legislation.
Recommendation 5:
Award Coverage of Outworkers
respective Ministers, the United Trades and Labour Council and the
Australian Services Union:
5.1 That there be an investigation and clarification of the coverage of
outworkers under existing awards.
40
5.2 That the appropriate government departments ensure
compliance of those manufacturers and contractors who are
failing to pay award rates to outworkers covered by awards and
recognised as employees under the Industrial and Employee
Relations Act 1994.
This is supported by the Senate Economics References Committee
conclusion that the enforcement by government agencies of
compliance with award wages and conditions has declined
considerably in recent years, being more reactive than proactive, and
that this in itself has contributed to an increase in the level of noncompliance.
I was paid 30 cents
per sheet to hem the
top and bottom and
put labels on each
5.3 That Inspectors, Investigation and Information Officers in the
key government organisations responsible for enforcement of
awards and occupational health and safety and industrial
legislation include knowledge and awareness in all training
programs.
5.4 That immediate action be taken to ensure registration with either
the State or Federal Industrial Commission Registrar, of those
manufacturers and suppliers and contractors who contract out
work, as defined under the Clothing Trades Award.
item. I also hemmed
the sides of pillow
cases for 3 cents each
5.5 That the South Australian Clerks Award be amended to include
clerical outworkers to ensure their recognition and entitlements
to award coverage.
and could hem 1000
in a day. I averaged
$40 per day, often
The Working Women's Centre (1993) report Home is Where the Work
Is highlighted the need for outworkers to be included in the SA
Clerks Award.
working 12-16 hours
a day.
Outwork in Award Deficient Work
Former outworker
Award deficient work can be seen as the 'lack of industrial regulation
and union involvement experienced by women workers not covered
by an industrial award' ( Murphy, 1993 p5).
Workers in award deficient jobs are required to negotiate the hours
they work, their payment, and other working conditions. Clearly the
concept of negotiation is premised on fair and reasonable distribution
of bargaining power between the employer and worker. The
following extract from an outworker story is illustrative of most cases
of award deficient work and the obvious lack of power that workers
in reality have when negotiating work conditions.
41
I know of one Vietnamese family who peel onions for a contractor.
The whole family are doing this work all day but get paid very
little. They only get around 15 dollars for the day. I have been
told that because they are new arrivals the need to make money is
very important. They must do any work to have money. They
know they get paid very poorly. They accept this because they
have no choice.
Community worker
I know of one
Vietnamese family
who peel onions for
a contractor. The
whole family are
doing this work all
day but get paid very
little.. .They know
they get paid very
poorly. They accept
this because they
Payment to outworkers in award deficient jobs is frequently in the
form of cash, with minimal or no receipt or record. This is onerous
and further exploitative of an outworker who often has little or no
English or understanding of Australian work practices and is left with
the responsibility of dealing with Taxation and Social Security
systems. For many women workers there is a fear in dealing with
government agencies, especially when their countries of origin have
autocratic governments where citizens learn to be invisible to
maintain safety
The Working Women's Centre (1993) report, 'Lifting the Lid on the
Too Hard Basket', identified and investigated the industrial
circumstances of eight occupations without award coverage in which
women were the predominant workers. Outworkers were involved in
most of the occupations including, telemarketing, family support
work, nannying and food processing.
have no choice.
Community worker
The United Trades and Labour Council has proposed a general
workers award known as 'Minimum Standard for Remuneration —
South Australia — State Award'. This proposed award includes a
basic wage claim for all workers currently not covered by an award
and should provide such workers, including outworkers, with an
opportunity to gain fair working conditions.
Recommendation 6:
Award Deficient Outworkers
It is recommended to the Department for Industrial Affairs and the
respective Minister, the United Trades and Labour Council and the
Employee Ombudsman:
6.1 That the South Australian Government develop a statement of
principles, clarifying the importance of all workers having the
industrial protection of an award or enterprise bargaining
agreement.
The Working Women's Centre report (1993) 'Lifting the Lid on the Too
Hard Basket' requested that a similar recommendation be considered
42
by the Minister for Industrial Affairs, United Trades and Labour
Council, unions and the Minister of Health.
6.2 That the Industrial and Employee Relations Act 1994 be
amended to cover outworkers irrespective of whether they are
covered by an award or enterprise bargaining agreement.
amended to include outworkers in the service industry sector.
6.4 That the State Government support the United Trades and
Labour Council application for the general workers award,
known as the 'Minimum Standard for Remuneration — South
Australia — State Award' to apply to non award workers under
State jurisdiction.
6.5 That the United Trades and Labour Council acknowledges
outworkers currently not covered by an award in the proposed
'Minimum Standard for Remuneration — South Australia —
State Award'.
6.6 That a register of outworkers, both covered and currently not
covered by awards, be established, but that the registration by
outworkers not be a legal requirement.
This recommendation is supported in the findings and
recommendations from the Working Women's Centre Centre (1993)
report, 'Lifting the Lid on the Too Hard Basket'.
Industry Sectors
It is most likely that the current economic climate of outsourcing,
privatising the public sector, and the casualisation of labour in a range
of industries, will contribute to an increase in the number of homebased outworkers.
The advantages to firms utilizing home-based workers include:
A saving of labour on-costs of direct employment;
A firms avoid award provisions;
savings on plant and machinery costs;
A increased ability to immediately produce in response to demand;
and
A increased ability to compete in fluctuating markets.
43
These advantages to firms are not conducive to fair and reasonable
working conditions for outworkers. A retired textile manufacturer
and supplier has highlighted this dilemma of profit versus equity
Pressures to keep costs down and remain competitive mean an
increase in exploitation of outworkers. The importance placed on
quality means outworkers have become more skilled. The retailers
are interested in price and quality and consider it is not their
business about outworkers wages and conditions. I talked with a
number of contractors who have outworkers sewing garments.
They were not registered with the Industrial Relations
Commission as stated in the Clothing Trades Award. One
contractor I spoke with had no idea about OH&S issues and said
'I don't want to know'. All she is interested in is the acceptability
of the quality of work at a price which enables her to be
competitive.
Retired textile manufacturer/supplier
Pressures to keep
costs down and
remain competitive
mean an increase in
exploitation of
outworkers...The
retailers are
interested in price
and quality and
consider it is not
their business about
outworkers wages
and conditions.
Retired textile
manufacturer/
supplier
In the textile clothing and footwear industries there is some
acknowledgement of the exploitation of many outworkers. The Textile
Clothing and Footwear Union of Australia (TCFUA) National
Outworker Information Campaign has played a significant role in
promoting outwork issues, especially with the publication of the 1995
report 'The Hidden Cost of Fashion'.
The TCFUA has negotiated Deeds of Cooperation with Ken Done,
Target, Country Road and Australian Post ensuring outworkers who
make products for these companies are paid award conditions.
In 1996 the TCFUA, Council of Textiles and Fashion Industries of
Australia, Australian Chambers of Manufacturers and the Australian
Retailers Association (ARA) drafted the Homeworkers Code of
Practice. For a time negotiations broke down, with particular
disagreement by ARA in regard to the individual retailers supplying
the names and addresses of suppliers to the TCFUA. By August 1997
the ARA with a number of major retailers signed agreements to be
bound by the Homeworkers Code of Practice. By December 1997
some 46 retailers and manufacturers had signed the Homeworkers
Code of Practice including Just Jeans, Witchery, Sportsgirl, Sportscraft,
Cue Designs, Kmart, Myer Grace, Katies, David Jones, Big W,
Woolworths, King Gee and Najee.
There is a need for State and Federal governments to commit
themselves to an ethical Homeworkers Code of Practice. This will
ensure that government work contracted out to private companies
will involve a clear undertaking that where outwork is concerned,
workers will receive award conditions.
44
The Premier of New South Wales, Mr Carr, has developed such a
Code of Practice that is about to be observed by all those who want to
do business with government agencies in New South Wales.
Recommendation 7:
I talked with a
Industry Sectors
number of
It is recommended to the Australian Retailers Association and other
textile clothing and footwear (TCF) manufacturers and retailers and
the South Australian Government:
contractors who
have outworkers
sewing garments...
One contractor I
spoke with had no
idea about OH&S
issues and said 'I
don't want to know'.
Retired textile
manufacturer/
supplier
7.1 That manufacturers and retailers in the TCF industries sign the
Homeworkers Code of Practice developed between the Council
of Textile and Fashion Industries of Australia (CTFIA),
Australian Retailers Association and the Textile Clothing and
Footwear Union of Australia (TCFUA) and that the State and
Federal governments officially endorse the Homeworkers Code
of Practice.
This recommendation is clearly reiterated in the Senate Economics
References Committee (1996) report 'Outworkers in the Garment
Industry and in the Industry Commission Inquiry (1997) 'Textiles,
Clothing and Footwear Industries'.
7.2 That the South Australian Government consider a Code of
Practice similar to the New South Wales Government's Code of
Practice.
This code will be observed by all those who want to do work with
government agencies and will ensure that they comply with relevant
award requirements. It commits the government to buying goods
from the textile clothing and footwear industries produced by
workers under award conditions.
7.3 That the South Australian Government expand the above ethical
Code of Practice to include all forms of outwork; such as clerical,
service, packaging, assembling and distribution work.
Legislation and Outwork
Industrial legislation sets out the legal rights and responsibilities of
employers and employees. Legislation can also apply to contractors.
The legislation aims to create a fair and just system, and offer
protection for those whose work rights are violated.
For South Australian workers, including outworkers, the following
four Acts offer various forms of protection:
45
Industrial and Employee Relations Act 1994
(South Australia)
This Act defines outworkers. A range of outworkers are recognised as
employees under this Act even though a contractor may call
outworkers independent contractors.
Section 5 of the Act defines those outworkers covered by the Act and
clearly states the Act only applies to that work which is covered by an
award or enterprise bargain agreement.
There is no definition for outworkers in the service sector. In addition
there continues to be debate as to whether home-based clerks and
telemarketers are covered by the Clerks Award. Both these issues
need to be addressed.
Home-based care work, food processing, packaging and leaflet
distribution are examples of outwork currently not covered by
awards.
The functions of the Employee Ombudsman are outlined within this
Act. They include advising and investigating the working conditions
of all outworkers, including outworkers not covered by awards or
enterprise agreements. Despite some attempt by this legislation to
protect some outworkers from exploitation, the reality is that
outworkers across all forms of work continue to experience unfair
and unreasonable working conditions.
Workplace Relations Act 1996 (Commonwealth)
The Workplace Relations Act 1996 includes The Australian Workplace
Agreements and Freedom of Association provisions not in the
previous Industrial Relations Act 1988. Under the 1996 Act, employers
and employees can make new individual agreements tailoring pay
and employment conditions to the needs of their workplaces.
The Workplace Relations Act 1996 affects the employment conditions
of outworkers in two main ways. Firstly, provisions relating to
Australian Workplace Agreements allow employers to negotiate
individual contracts with outworkers and second, provisions relating
to union right of entry and access to employer records may reduce the
ability of the union to police award entitlements. (Senate Economics
References Committee 1996, p32)
In regard to the Workplace Relations and Other Legislation
Amendment Act 1996 the Industry Commission draft report The
Textiles, Clothing and Footwear Industries (1997) notes that whereas
the 1996 Clothing Award requires outworkers be employed effectively
under the same terms and conditions as factory employee, the 1996
46
Act requires only that their pay and conditions are "fair and
reasonable" relative to factory employees (pD.17).
The Act offers less legal protection for outworkers thereby continuing
the marginalisation of these workers and ensuring the continuation of
exploitative work practices.
The 1996 Senate Inquiry 'Outworkers in the Garment Industry'
expressed concern with the adverse impact of the Workplace
Relations Act on outworkers in the garment industry:
It is the Committee's view, however, that in accordance
with the nature of outwork and past experience in the
industry, it is probable that most outworkers will not be
required to sign any contract and will continue to be
employed in the same manner as they have been in the
past...In addition, powers of inspection (right of entry
provisions) previously delegated to the Union, will be
curtailed by the new legislation.
The Committee is concerned that these changes have the
potential to adversely affect the conditions under which
outworkers are employed. The Committee concludes that
for both these reasons alone, outworkers need extra
employment protection. (Senate Economics References
Committee 1996, pxii)
Occupational Health, Safety and Welfare Act 1986
(South Australia)
In part, the Act aims to secure the health, safety and welfare of
persons at work and covers those outworkers who are employees.
The Act defines an employee as a person who works under a service
of contract (even if their contract of service is verbal) where they are
performing work for an employer or contractor to make a certain
number of items for a specified wage (OHS&W Act 1986). The Act
also covers outworkers who are contractors engaged to perform work
for another person (the Principal).
In practice the responsibilities for providing safe and healthy
workplaces in regard to outwork is unclear. In most cases retailers,
manufacturers and contractors absolve themselves of any
responsibility in regard to occupational health and safety.
Outworkers have little or no information regarding this issue. Many
experience a range of work related injuries and illnesses as outlined in
the section Occupational Health and Safety Issues of this report.
47
Occupational Health and Safety
(Commonwealth Employment) Act 1991
In part this Act aims to secure the health, safety and welfare at work
of all employees of the Commonwealth and Commonwealth
Authorities, Comcare Australia has a role to ensure that the legislation
is effective, regulations developed and codes of practice adopted to
assist in ensuring health and safety in the workplace.
The Worker's Rehabilitation and Compensation Act
A mature aged Greek
1986 (South Australia)
woman worked in a
WorkCover is the organisation which is responsible for overseeing
worker's compensation and rehabilitation. WorkCover provide an
integrated approach to rehabilitation and compensation for those
workers who suffer work related injuries or disease. All workers are
covered by this Act (except for commonwealth workers). The
definition of worker is "a person by whom work is done under a
contract of service (whether as an employee or not). This includes
outworkers who work in industries where the work of outworkers is
specifically covered by an award or industrial agreement".
(WorkCover, 1991)
garment leather
factory for 10 years,
then sewed at home
for 8 years for the
same factory. She
received award rates,
WorkCover, annual
leave. The machine
belonged to the
factory. When she
developed severe
backache her
employer supported
her claim.
Sewing outworker
The vast majority of outworkers covered by this Act do not realise
they can seek compensation for a work related injury. Work related
injuries suffered by outworkers has been well documented. (National
Outwork Information Campaign, 1995; Huws, 1994; Perry, 1994;
Tassie, 1989; and Mayhew and Quinlan, 1997) Even when outworkers
are aware of the Act and have work related injuries, they are unlikely
to take action. They fear losing their work, fear government
organisations, lack English language and confidence. The burden of
proof without clear documentation and employment status would
severely limit an outworker's ability to seek compensation.
Over the two years of the project 'Outwork: Reaching an Invisible
Workforce' the Project Officer found only one example of a successful
WorkCover claim where the outworker worked under award
conditions and where the claim was supported by the employer:
A mature aged Greek woman worked in a garment leather factory
for 10 years, then sewed at home for 8 years for the same factory.
She received award rates, WorkCover, annual leave. The machine
belonged to the factory. When she developed severe backache her
employer supported her claim.
Sewing outworker
However this was not found to be the case for the vast majority of
outworkers.
48
Recommendation 8:
Legislation
It is recommended to the Department for Industrial Affairs and the
respective Ministers:
8.1 That the Federal Government ensure standard employee
protection for outworkers.
amended to cover outworkers irrespective of whether they are
covered by an award or enterprise bargaining agreement.
amended to include outworkers in the service industry sector.
...The owner can
8.4 That culturally sensitive promotion campaigns targeting
outworkers take place that clarify workers' rights and
entitlements, particularly when their work is covered by awards
and that they are recognised as employees under the Industrial
and Employee Relations Act 1994. That is, regardless of whether
outworkers are labelled contractors or have a registered business.
make a big profit if
she employed these
people rather than
full-time employees.
She does not have to
pay workers
superannuation,
In regard to Social Security there is evidence of some outworkers
receiving benefits and undeclared cash payments from outwork. In
discussion with community workers in close contact with outworkers
the reasons for this include:
A
WorkCover,
holidays etc.
Vietnamese
community worker
some contractors will only give work to outworkers on Social
Security benefits. This makes it cheaper for the contractor;
A some contractors have a different rate for social security
recipients and outworkers who have registered as a business;
A
often payment of outwork is late and infrequent so outworkers
have no money for weeks and sometimes months, and so need
regular Social Security payment; and work can sometimes be
irregular. If outworkers declare fortnightly income to Social
Security adjustments to benefits are made. However for the
weeks or months outworkers receive no or little income they are
also faced with little or no Social Security benefits while further
adjustments are made. This whole system of declaring money to
Social Security is very confusing for outworkers.
49
It is important to note that some outworkers on benefits and receiving
cash payments would still be entitled to benefits because of the low
incomes and the costs incurred as a result of their work. The Social
Security payment is so low that families find it extremely difficult to
live on and so accept poorly paid work under any conditions. Once
outworkers are in this system of illegal activity they live in fear and
secrecy. One community worker described a family who were scared
to answer an unexpected knock at the door for fear of the person
being a government official.
There is evidence of contractors and manufacturers encouraging
outworkers to obtain Social Security benefits in order to be given
work. The contractor knows the outworker will not complain, even
when payment is late or not paid at all, for fear of getting into trouble.
Some manufacturers and contractors regard the benefit as a form of
wage subsidy.
...The owner
considers that the
social security
payment plus the
payment from her
equals the award
rate.
Vietnamese
community worker
A student from Thebarton Senior College workshop explained
how a clothing manufacturer rips off the workers. The owner only
hires a few full-time employees. The rest are unemployed workers
who get Social Security payments. These workers receive little
payment for their work. The owner considers that the social
security payment plus the payment from her equals the award
rate. The owner can make a big profit if she employed these people
rather than full-time employees. She does not have to pay workers
superannuation, WorkCover, holidays etc.
The six month Social Security amnesty from December 1995 to May
1996 had little success. A federal election was held during this
amnesty, creating delays including the printing of promotional
material which was released in April 1996. Such amnesties need a
realistic time frame and a strong commitment to collaborating with
key organisations committed to improving the working conditions of
outworkers.
The Taxation Department has introduced the Reportable Payment
Scheme targeting workers in a range of industries, including
outworkers in the garment industry. One example of a sewing
outworkers who had registered reflects the fear still held of
government official enquiries into previous years of outworking
where income was not declared:
Initially she did not declare her earning but now is registered
under the Australian Taxation Reportable Payments System. She
was scared that the Taxation Department would look into her past
outwork where she accepted cash and did not declare the payments.
Community worker
50
Recommendation 9:
It is recommended to the Department of Social Security and the
respective Minister and the Australian Taxation Office:
The contractor often
finds it easy to rip off
9.1 That there be an extensive social security and taxation amnesty
involving key stakeholders, and a commitment to community
promotion and liaison to encourage outworkers to declare
income and register with Taxation Reportable Payment scheme.
the outworkers,
because they are
mostly women who
Recent enquiries into the textile, clothing and footwear industries by
the Senate Economics References Committee (1996) and the Industry
Commission (1997) have highlighted the vulnerability of women
outworkers, particularly those who have little or no English, to
exploitation. Throughout the project both outworkers and community
workers regularly talked about how the lack of English left
outworkers vulnerable to exploitation. Equally common, and often
related to the lack of English, was the lack of any employment
opportunity other than outwork.
have little say, who
have little English,
don't know their
rights and have little
opportunity to go out
to work.
Vietnamese
community worker
The contractor often finds it easy to rip off the outworkers,
because they are mostly women who have little say, who have
little English, don't know their rights and have little opportunity
to go out to work.
She can't get factory work because she doesn't speak English.
Friend of outworker
She can't speak English and very rarely leaves the home.
There needs to be flexible programs that target outworkers and assist
in their gaining English skills and knowledge about employment in
Australia.
The Adelaide Institute of TAFE through Workplace Education Service
ran a pilot program 'English Language and Communication Course
for Outworkers in the Textile Clothing and Footwear Industry'.
This program involved considerable community liaison and a
collaborative approach to make contact with outworkers and ensure
the development of course content that was relevant to the needs of
the outworkers and also met funding and TAFE requirements.
51
The Textile Clothing and Footwear Union in Melbourne, has
developed training programs for sewing outworkers called 'English
in the Workplace', as part of an extensive outwork project. This has
involved thorough liaising with workers in community, education
and industry organisations and included consultation with
outworkers to ensure courses were relevant.
I teach a sewing
outworker English
in her home. She
sews intricate
gowns. We worked
out that she was
working for 97
cents an hour.
ELLS Home Tutor
Peer Education models, operating in health promotions, could be a
valuable and effective method of ensuring outworkers gain access to
education and training. English Language and Literacy Services
(ELLS) is established in South Australia and could target outworkers
as part of the Home Tutor program. There is evidence that Tutors are
teaching English to outworkers in the current program.
I teach a sewing outworker English in her home. She sews
intricate gowns. We worked out that she was working for 97
cents an hour.
ELLS Home Tutor
From this project findings, there is clear evidence that increasing
outworker's knowledge and understanding of Australian working
conditions can increase confidence to take some form of action.
This Vietnamese woman had been in Australia a number of years
and was aware she had some worker rights. She contacted the
Indo Chinese Australian Women's Association.
Community worker
The following is the only example from the project where an
outworker did improve her working conditions.
Since her English and knowledge of Australian working
conditions has improved my friend was able to negotiate better
payment and conditions. Most days she works 8 hours and feels
her skills are valued.
Community worker and friend of outworker
However these conditions were still below award conditions.
Recommendation 10:
It is recommended to the Department for Employment Training and
Further Education, the Department of Employment Education
Training and Youth Affairs, the Department of Immigration and
Multicultural Affairs and their respective Ministers:
52
10.1 That there be increased funding for language, literacy and
vocational education and training and Labour Market training
programs that outworkers can access.
This recommendation compliments the Senate Economics References
Committee (1996) recommendation for increased federal funding.
This recommendation also reflects the Industry Commission (1997)
recommendations 11 and 12 regarding literacy and language
programs and labour market programs to assist outworkers.
10.2 That there be ongoing provisions for flexible language, literacy
and numeracy training for outworkers.
10.3 That language, literacy and numeracy training be structured into
mainstream vocational training, particularly TCF programs to
assist outworkers to access mainstream employment
Since her English and
knowledge of
Australian working
10.4 That the Department of Immigration include information on
outwork as part of the orientation information and programs for
new arrivals.
conditions has
improved my friend
Community Awareness
was able to
negotiate better
payment and
conditions. Most
days she works 8
hours and feels her
Community awareness campaigns increase the visibility of outwork
within the community It is important that outwork is recognised as a
legitimate form of work and that workers experience the same
working conditions and legal protection as do mainstream workers.
There is a need for open discussion and debate about home-based
work to clarify issues of employment status, appropriate working
conditions, and the value of paid work from home.
skills are valued.
Community worker
and friend of
outworker
Community awareness campaigns can encourage community
understanding and action. The current national Fair Wear campaign
brings together Churches, community organisations and unions to
take action to improve the working conditions of outworkers in the
textile clothing and footwear industries. To date a significant part of
the campaign has involved informing consumers of the widespread
practice of outwork in the clothing industry where workers receive as
little as $1 or $2 an hour. Letters, petitions, prayer vigils and peaceful
demonstrations have contributed to an increasing number of
manufacturers and retailers signing an ethical Homeworker Code of
Practice with the Textile Clothing and Footwear Union of Australia to
ensure sewing outworkers receive award rates of payment.
53
Bibliography
Australian Bureau of Statistics (1992) Persons Employed at Home Statistics Catalogue No 6275
Canberra.
Australian Bureau of Statistics (1992) Canberra.
Daniels, Kay and Murname, Mary (1980) Uphill All the Way : A Documentary History of Women in
Australia, University of Queensland, pp170-173.
Hogan, Michelle (1991) Home is Where the Work Is, Working Women's Centre, Adelaide.
Huws, Ursula (1994) Hometruths: Key Results from a National Survey of Homezvorkers, National Group
on Homeworking, Leeds UK.
Industry Commission (1997) The Textiles Clothing and Footwear Industries, Draft Report.
International Labour Organisation (1996) Homework Convention, Article 1, Geneva.
Mayhew, Claire and Quinlan, M (1997) The Effects of Outsourcing upon Occupational Health and Safety:
A Comparative Study of Factory based and Outzvorkers in the Australian Textile Clothing and
Footwear Industries, National Occupational Health and Safety Commission, Draft Report
Sydney.
Murphy, Catherine (1993) Lifting the Lid, Working Women's Centre, Adelaide.
Official Hansard Report, Senate Economics References Committee, (1996) Outworking in the Garment
Industry, Sydney
Perry, Astrid (1994) Women's Health in Industry : Report on The Healthy Working Women Project Sydney
Senate Economics References Committee (1996) Outworkers in the Garment Industry, Canberra.
Tassie, Jane (1989) Out of Sight Out of Mind, Working Women's Centre, Adelaide.
Textile Clothing and Footwear Union (1995) The Hidden Cost of Fashion — Report on the National
Outwork Information Campaign, Melbourne.
The Advertiser (1997) p8 12 July Adelaide.
WorkCover (1991) An Employer's Guide to WorkCover : What if a Worker is Injured at Work, Adelaide.
54
SS

OUTWORK - Reaching an Invisible Workforce

Transcription

Similar documents

Sunday Brunch 2016

Layout 1 (Page 1)

al cosentino - mcsrealestatewebsites.com

attached form - Aspire People

SEGD | What is XGD? - PDF presentation (LowRes)

Barnablick (Martin Broby).

The California Society of Municipal Finance Officers (CSMFO

Office Prankster

Sophisticated Green Building Design