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Industrial Relations Act 2016
sec.406ZUWhat is an unfair contract
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### sec.406ZU What is an unfair contract
A courier service contract is an unfair contract if the contract—
is harsh, unconscionable or unfair; or
is against the public interest; or
provides, or has provided, a total remuneration for performing the work stated in the contract less than that which—
a person performing the work an independent courier would receive under a contract instrument; or
an employee performing the work would receive under an industrial instrument or this Act; or
is designed to, or does, avoid the provisions of a contract instrument.
However, a courier service contract is not an unfair contract under subsection (1) (c) if the commissioner considers that, in the context of the remuneration and working conditions provided for by the contract as a whole, the reduction in remuneration is not against the public interest.
s 406ZU ins 2022 No. 27 s 66
(sec.406ZU-ssec.1) A courier service contract is an unfair contract if the contract— is harsh, unconscionable or unfair; or is against the public interest; or provides, or has provided, a total remuneration for performing the work stated in the contract less than that which— a person performing the work an independent courier would receive under a contract instrument; or an employee performing the work would receive under an industrial instrument or this Act; or is designed to, or does, avoid the provisions of a contract instrument.
(sec.406ZU-ssec.2) However, a courier service contract is not an unfair contract under subsection (1) (c) if the commissioner considers that, in the context of the remuneration and working conditions provided for by the contract as a whole, the reduction in remuneration is not against the public interest.
- (a) is harsh, unconscionable or unfair; or
- (b) is against the public interest; or
- (c) provides, or has provided, a total remuneration for performing the work stated in the contract less than that which— (i) a person performing the work an independent courier would receive under a contract instrument; or (ii) an employee performing the work would receive under an industrial instrument or this Act; or
- (i) a person performing the work an independent courier would receive under a contract instrument; or
- (ii) an employee performing the work would receive under an industrial instrument or this Act; or
- (d) is designed to, or does, avoid the provisions of a contract instrument.
- (i) a person performing the work an independent courier would receive under a contract instrument; or
- (ii) an employee performing the work would receive under an industrial instrument or this Act; or