105Definitions

105 Definitions

105 Definitions

(1) In this Part—

contract means any contract or arrangement, or any related condition or collateral arrangement, but does not include an industrial instrument.

unfair contract means a contract—

(a) that is unfair, harsh or unconscionable, or

(b) that is against the public interest, or

(c) that provides a total remuneration that is less than a person performing the work would receive as an employee performing the work, or

(d) that is designed to, or does, avoid the provisions of an industrial instrument.

(2) (Repealed)

(3) A contract relating to the employment of a police officer is not an unfair contract for the purposes of this Part merely because of a matter relating to payments of a kind to which section 146D applies.

Note—

The jurisdiction of the Commission under this part is exercisable only by the Commission in Court Session.

s 105: Am 2011 No 13, Sch 1 [1]; 2011 No 73, Sch 4 [1]; 2016 No 48, Sch 1 [4]; 2023 No 41, Sch 1.2[4], Sch 1.3[2].