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INDEPENDENT CONTRACTORS ACT 2006 (NO. 162, 2006) - SECT 9

What is an unfairness ground

             (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 Workplace Relations Act 1996 ; 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) 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.



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