Document ID: chunk:federal_register_of_legislation:C2024C00351:section:9
Version: federal_register_of_legislation:C2024C00351
Segment Type: section
Provision Reference: s 9
Character Range: 15736–17265

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 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.