sec.406FCriteria and considerations for commission exercising powers

### sec.406F Criteria and considerations for commission exercising powers In exercising its powers under this chapter, the commission must ensure a contract instrument provides for remuneration and working conditions for independent couriers, for the work performed to provide services transporting goods under the instrument, that— are fair and just; and are comparable to the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work; and generally reflect the prevailing minimum remuneration and working conditions of independent couriers covered, or to be covered, by the instrument. For subsection (1) , the commission must consider the following matters— whether the remuneration provided for by the contract instrument represents, for the work performed by an independent courier under the instrument— fair recovery for the costs likely to be incurred by the independent courier to perform the work; and a fair return for the independent courier’s work and capital investment likely to be required to perform the work; the market for the services to transport goods; the level of financial risk assumed by the independent courier to provide the services; the certainty and security of the services the independent courier is required to provide under the instrument; whether the contract instrument allows the independent courier to use the courier’s courier vehicle and other equipment to provide services for another principal contractor, or for the courier’s personal use; the matters mentioned in section 141 (2) ; the value of the annual leave, personal leave, long service leave and other leave to which an employee mentioned in subsection (1) (b) is entitled under an industrial instrument or this Act. The commission may also consider any other matters the commission considers relevant. Section 141 (2) is an applied provision for the commissioner exercising powers under this chapter. See section 406ZZF about interpreting an applied provision. s 406F ins 2022 No. 27 s 66 (sec.406F-ssec.1) In exercising its powers under this chapter, the commission must ensure a contract instrument provides for remuneration and working conditions for independent couriers, for the work performed to provide services transporting goods under the instrument, that— are fair and just; and are comparable to the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work; and generally reflect the prevailing minimum remuneration and working conditions of independent couriers covered, or to be covered, by the instrument. (sec.406F-ssec.2) For subsection (1) , the commission must consider the following matters— whether the remuneration provided for by the contract instrument represents, for the work performed by an independent courier under the instrument— fair recovery for the costs likely to be incurred by the independent courier to perform the work; and a fair return for the independent courier’s work and capital investment likely to be required to perform the work; the market for the services to transport goods; the level of financial risk assumed by the independent courier to provide the services; the certainty and security of the services the independent courier is required to provide under the instrument; whether the contract instrument allows the independent courier to use the courier’s courier vehicle and other equipment to provide services for another principal contractor, or for the courier’s personal use; the matters mentioned in section 141 (2) ; the value of the annual leave, personal leave, long service leave and other leave to which an employee mentioned in subsection (1) (b) is entitled under an industrial instrument or this Act. (sec.406F-ssec.3) The commission may also consider any other matters the commission considers relevant. (sec.406F-ssec.4) Section 141 (2) is an applied provision for the commissioner exercising powers under this chapter. See section 406ZZF about interpreting an applied provision. - (a) are fair and just; and - (b) are comparable to the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work; and - (c) generally reflect the prevailing minimum remuneration and working conditions of independent couriers covered, or to be covered, by the instrument. - (a) whether the remuneration provided for by the contract instrument represents, for the work performed by an independent courier under the instrument— (i) fair recovery for the costs likely to be incurred by the independent courier to perform the work; and (ii) a fair return for the independent courier’s work and capital investment likely to be required to perform the work; - (i) fair recovery for the costs likely to be incurred by the independent courier to perform the work; and - (ii) a fair return for the independent courier’s work and capital investment likely to be required to perform the work; - (b) the market for the services to transport goods; - (c) the level of financial risk assumed by the independent courier to provide the services; - (d) the certainty and security of the services the independent courier is required to provide under the instrument; - (e) whether the contract instrument allows the independent courier to use the courier’s courier vehicle and other equipment to provide services for another principal contractor, or for the courier’s personal use; - (f) the matters mentioned in section 141 (2) ; - (g) the value of the annual leave, personal leave, long service leave and other leave to which an employee mentioned in subsection (1) (b) is entitled under an industrial instrument or this Act. - (i) fair recovery for the costs likely to be incurred by the independent courier to perform the work; and - (ii) a fair return for the independent courier’s work and capital investment likely to be required to perform the work;