Document ID: chunk:federal_register_of_legislation:C2024A00002:clause:1_536jr
Version: federal_register_of_legislation:C2024A00002
Segment Type: clause
Provision Reference: sch 1 cl 536JR
Character Range: 157454–158769

536JR  What is an unfairness ground
 (1) Subject to subsection (2), for the purposes of this Chapter, each of the following grounds is an unfairness ground in relation to a services contract:
 (a) the services contract is unfair;
 (b) the services contract is harsh or unreasonable;
 (c) the services contract is unjust;
 (d) the services contract is against the public interest;
 (e) the services contract is designed to, or does, avoid the provisions of:
 (i) this Act; or
 (ii) the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or
 (iii) a State or Territory industrial law; or
 (iv) an award, agreement or other instrument made under a law referred to in subparagraph (i), (ii) or (iii);
 (f) the services 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 536JQ(2), are not workplace relations matters.