Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 536NB

  (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.