Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 536N

  (1)   The object of this Part   is:

  (a)   to establish a framework for dealing with unfair contract terms of services contracts that:

  (i)   balances the needs of principals and the needs of independent contractors; and

  (ii)   addresses the need for a level playing field between independent contractors and principals by creating disincentives to the inclusion of unfair contract terms in services contracts; and

  (iii)   recognises and protects the freedom of independent contractors to enter into services contracts; and

  (b)   to establish procedures for dealing with unfair contract terms that:

  (i)   are quick, flexible and informal; and

  (ii)   address the needs of principals and independent contractors; and

  (c)   to provide appropriate remedies if a term of a services contract is found to be unfair.

  (2)   The procedures and remedies referred to in paragraphs   (1)(b) and (c), and the manner of deciding on and working out such remedies, are intended to ensure that a "fair go all round" is accorded to both the principals and independent contractors concerned.

Note:   The expression "fair go all round" was used by Sheldon J in re Loty and Holloway v Australian Workers' Union [1971] AR (NSW) 95.