Document ID: chunk:federal_register_of_legislation:C2024A00002:clause:1_103
Version: federal_register_of_legislation:C2024A00002
Segment Type: clause
Provision Reference: sch 1 cl 103
Character Range: 76245–76798

103  Subsection 357(2)
Repeal the subsection, substitute:
 (2) Subsection (1) does not apply if the employer proves that, when the representation was made, the employer reasonably believed that the contract was a contract for services.
 (3) In determining, for the purpose of subsection (2), whether the employer's belief was reasonable:
 (a) regard must be had to the size and nature of the employer's enterprise; and
 (b) regard may be had to any other relevant matters.

Part 10—Exemption certificates for suspected underpayment

Fair Work Act 2009