Document ID: chunk:federal_register_of_legislation:C2024A00002:clause:1_536nb
Version: federal_register_of_legislation:C2024A00002
Segment Type: clause
Provision Reference: sch 1 cl 536NB
Character Range: 283104–284330

536NB  Matters to be considered in deciding whether a term of a services contract is an unfair contract term
 (1) In determining whether a term of a services contract is an unfair contract term, the FWC may take into account the following matters:
 (a) the relative bargaining power of the parties to the services contract;
 (b) whether the services contract as a whole displays a significant imbalance between the rights and obligations of the parties;
 (c) whether the contract term under consideration is reasonably necessary to protect the legitimate interests of a party to the contract;
 (d) whether the contract term under consideration imposes a harsh, unjust or unreasonable requirement on a party to the contract;
 (e) whether the services contract as a whole provides for a total remuneration for performing work that is:
 (i) less than regulated workers performing the same or similar work would receive under a minimum standards order or minimum standards guidelines; or
 (ii) less than employees performing the same or similar work would receive;
 (f) any other matter the FWC considers relevant.
 (2) The matters in paragraphs (1)(b) to (f) are to be assessed as at the time the FWC considers the application.