Regulating Supply Chains. Richard Johnstone, Socio-Legal Research Centre, Griffith Law School, Griffith University; and National Research Centre for OHS Regulation, Australian National University and Michael Rawling, College of Law, Australian National University.
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Regulating Supply Chains
Richard Johnstone, Socio-Legal Research Centre, Griffith Law School, Griffith University; and National Research Centre for OHS Regulation, Australian National University
Michael Rawling, College of Law, Australian National University
Supply Chain (an interconnected series of contracts organised for supplying goods or services to organisations at the apex of contractual chains)
Effective Business Controller
‘Top Down’ Obligations – Mandatory Apparel Retailer Codes
Expanded Scope of industrial statute – definitions of ‘industrial matters’:
Outworker Rights of recovery
Outworker definitions and deeming provisions(extend to outworkers rights and entitlements under industrial legislation)
Compulsory, standardised, enforceable provisions imported by statute into retailer contracts informing retailers about (a) where apparel is manufactured and (b) under what conditions apparel is produced
Proactive and Reactive Disclosure Obligations
Eg. under South Australian industrial statute ‘industrial matter’ includes:
(i) the giving out of work or (ii) the regulation of any person who gives out work, or (iii) the creation of 1 or more contracts (including a series of contracts) that deal with outwork (see definition of “industrial matter”, FairWork Act 1994 (SA), s4(1) )
Under NSW industrial statute ‘industrial matter’ includes:
The mode, terms and conditions under which work is given out, whether directly or indirectly to be performed by clothing outworkers (see definition of “industrial matter”, Industrial Relations Act 1996 (NSW), s6(2)(k)
Example of the right under South Australian Statute
The responsible contractor nominated in the claim is then liable for the claim unless that contractor refers the claim on to another party who actually pays, or the responsible contractor deducts or sets-off the amount from moneys owed to a person who has a closer contractual relationship with the outworker.
In recovery proceedings,the onus of proof is on the responsible contractor (not the outworker)
Occupational Health and Safety Amendment (Long Distance Truck Driver Fatigue) Regulation 2005 (NSW)
2. Regulation by binding industrial tribunal decisions
An extension of/elaboration on OHS statutory general duties which makes these duties specific to certain parties at the apex (and throughout) road transport supply chains.
Application of Regulation
A consignor or consignee must not enter into a contract with a head carrier unless satisfied that any truck driver who transports freight under the contract is covered by a fatigue management plan and that any delivery timetable is reasonable having regard to the fatigue of any such driver (c
Award and Determination Obligations