Section 140 — Fair Work Act 2009: Outworker terms

(1) A modern award may include either or both of the following: (a) terms relating to the conditions under which an employer may employ employees who are outworkers; (b) terms relating to the conditions under which an outworker entity may arrange for work to be performed for the entity (either directly or indirectly), if the work is of a kind that is often performed by outworkers. Note: A person who is an employer may also be an outworker entity (see the definition of outworker entity in section 12). (2) Without limiting subsection (1), terms referred to in that subsection may include terms relating to the pay or conditions of outworkers. (3) The following terms of a modern award are outworker terms: (a) terms referred to in subsection (1); (b) terms that are incidental to terms referred to in subsection (1), included in the modern award under subsection 142(1); (c) machinery terms in relation to terms referred to in subsection (1), included in the modern award under subsection 142(2).