313Jurisdiction of Commission with respect to contracts of carriage

#### 313 Jurisdiction of Commission with respect to contracts of carriage 313 Jurisdiction of Commission with respect to contracts of carriage > > (1) The Commission may inquire into any matter arising under contracts of carriage and may make a contract determination with respect to remuneration of the carrier, and any condition, under such a contract. > > > (2) The Commission must, when making a contract determination under this section, consider including provisions relating to the following— > > > > > (a) rates of remuneration, including— > > > > > > > (i) payment of allowances instead of annual or other holidays, sick leave or long service leave, and > > > > > > > (ii) payment methods and periods, cost recovery, ensuring a fair return on financial risk and capital investment and the value of entitlements that would otherwise apply to employees, > > > > > (b) record keeping, > > > > > (c) training and skill development, including relevant industry accreditation, > > > > > (d) adequate consultation and dispute resolution, > > > > > (e) ensuring access to proper representation by an association of contract carriers, including workplace rights inductions and workplace delegate leave, > > > > > (f) the attraction and retention of contract carriers. > > > (3) The Commission constituted by a Presidential Member may, in relation to contracts of carriage, inquire into any matter in a contractual chain and make a contract determination in relation to remuneration and other conditions in the contractual chain. > > > (4) The Commission must not exercise a function under subsection (3) if, in the Commission’s opinion, the exercise would interfere with the reasonable commercial arrangements of the parties to a contract or arrangement in a contractual chain. > > Note— > > Section 317(3) provides that the Commission may, in a contract determination or by a subsequent order, provide that the contract determination is binding on the successors of a principal contractor. > > **s 313:** Am 2025 No 20, Sch 1\[9\].