Outworkers: Worker or contractor?

Understand whether outworkers are considered workers for the purposes of WorkSafe.

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Outworkers

Outwork means contract work that involves packing, processing or work on articles or material in the clothing industry. This work must be performed outside the hirer's factory or workshop and in or about a private residence or other premises that are not necessarily business or commercial premises.

If an outworker enters into a contract with a hirer other than the outworker's family business, then as long as the outworker performs some of the outwork personally, the outworker is a worker of the hirer for WorkCover insurance purposes.

If a family business enters into a contract with a hirer to perform outwork then each person engaged by the family business to perform the outwork under that contract is a worker of the hirer for WorkCover insurance purposes.