Document ID: chunk:federal_register_of_legislation:C2024C00351:section:7
Version: federal_register_of_legislation:C2024C00351
Segment Type: section
Provision Reference: s 7
Character Range: 11217–13793

7  Exclusion of certain State and Territory laws
 (1) Subject to subsection (2), the rights, entitlements, obligations and liabilities of a party to a services contract are not affected by a law of a State or Territory to the extent that the law would otherwise do one or more of the following:
 (a) take or deem a party to a services contract to be an employer or employee, or otherwise treat a party to a services contract as if the party were an employer or employee, for the purposes of a law that relates to one or more workplace relations matters (or provide a means for a party to the contract to be so taken, deemed or treated);
 (b) confer or impose rights, entitlements, obligations or liabilities on a party to a services contract in relation to matters that, in an employment relationship, would be workplace relations matters (or provide a means for rights, entitlements, obligations or liabilities in relation to such matters to be conferred or imposed on a party to a services contract);
 (c) without limiting paragraphs (a) and (b)—expressly provide for a court, commission or tribunal to do any of the following in relation to a services contract on an unfairness ground:
 (i) make an order or determination (however described) setting aside, or declaring to be void or otherwise unenforceable, all or part of the contract;
 (ii) make an order or determination (however described) amending or varying all or part of the contract.
Note 1: For the meaning of workplace relations matter, see section 8.
Note 2: For the meaning of unfairness ground, see section 9.
Note 3: Division 1 of Part 5 provides for a transitional period during which the State and Territory laws (other than laws that provide as mentioned in paragraph (1)(c)) may continue to apply despite this subsection.
 (2) Subsection (1) does not apply in relation to:
 (a) a law of a State or Territory, to the extent that the law deals with matters relating to outworkers (including entry of a representative of a trade union to premises for a purpose connected with outworkers), other than matters mentioned in paragraph (1)(c); or
 (b) any of the following laws:
 (i) Chapter 6 of the Industrial Relations Act 1996 of New South Wales (and any other provision of that Act to the extent that it relates to, or has effect for the purposes of, a provision of Chapter 6);
 (ii) the Owner Drivers and Forestry Contractors Act 2005 of Victoria; or
 (c) a law of a State or Territory that is specified in regulations made for the purposes of this paragraph, to the extent that the law is so specified.