INDEPENDENT CONTRACTORS ACT 2006 - SECT 9 What is an unfairness ground

INDEPENDENT CONTRACTORS ACT 2006 - SECT 9

  (1)   Subject to subsection   ( 2), each of the following grounds is an unfairness ground in relation to a services contract:

  (a)   the contract is unfair;

  (b)   the contract is harsh or unconscionable;

  (c)   the contract is unjust;

  (d)   the contract is against the public interest;

  (e)   the contract is designed to, or does, avoid the provisions of:

  (i)   the Fair Work Act 2009 ; or

  (ia)   the Workplace Relations Act 1996 , as in force at any time before the WR Act repeal day, or as that Act applies after that day because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ; or

  (ii)   a State or Territory industrial law; or

  (iii)   an award, agreement or other instrument made under a law referred to in subparagraph   ( i) , (ia) or (ii);

  (f)   the contract provides for remuneration at a rate that is, or is likely to be, less than the rate of remuneration for an employee performing similar work;

  (g)   any other ground that is substantially the same as a ground specified in any of paragraphs   ( a) to (f);

  (h)   any other ground specified in regulations made for the purposes of this paragraph.

  (2)   A ground specified in subsection   ( 1) is not an unfairness ground in relation to a services contract to the extent that the ground relates to matters that, because of subsection   8(2), are not workplace relations matters.

  (3)   In this section:

"WR Act repeal day" has the meaning given by Schedule   2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .