536JRWhat is an unfairness ground

536JR What is an unfairness ground

(1) Subject to subsection (2), for the purposes of this Chapter, each of the following grounds is an unfairness ground in relation to a services contract:

(a) the services contract is unfair;

(b) the services contract is harsh or unreasonable;

(c) the services contract is unjust;

(d) the services contract is against the public interest;

(e) the services contract is designed to, or does, avoid the provisions of:

(i) this Act; or

(ii) the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or

(iii) a State or Territory industrial law; or

(iv) an award, agreement or other instrument made under a law referred to in subparagraph (i), (ii) or (iii);

(f) the services contract provides for remuneration at a rate that is, or is likely to be, less than the rate of remuneration for an employee performing similar work;

(g) any other ground that is substantially the same as a ground specified in any of paragraphs (a) to (f);

(h) any other ground specified in regulations made for the purposes of this paragraph.

(2) A ground specified in subsection (1) is not an unfairness ground in relation to a services contract to the extent that the ground relates to matters that, because of subsection 536JQ(2), are not workplace relations matters.