sec.471Power to amend or declare void contracts

### sec.471 Power to amend or declare void contracts On application by an entity under section 472 , the commission may amend or declare void (wholly or partly) a contract if it considers— the contract is— a contract of employment that is not covered by an industrial instrument or federal industrial instrument; or a contract for services; and the contract is an unfair contract. The commission must not— amend a contract to include an accident pay provision; or declare a contract wholly or partly void, because it does not contain an accident pay provision. In deciding whether to amend or declare void a contract, or part of a contract, the commission may consider— the relative bargaining power of the parties to the contract and, if applicable, a person acting for the parties; or whether any undue influence or pressure was exerted on, or any unfair tactics were used against, a party to the contract; or an industrial instrument, a federal industrial instrument or this Act; or the Queensland minimum wage; or anything else the commission considers relevant. The commission may consider a contract to be an unfair contract— even if the contract was made before the commencement; and if it considers the contract— was an unfair contract when it was entered into; or became an unfair contract after it was entered into because of the conduct of the parties, or a variation to the contract or for any other reason it considers sufficient. The commission may make an order it considers appropriate about payment of an amount for a contract amended or declared void. In this section— accident pay provision means a provision for accident pay, or other payment, on account of a worker sustaining an injury. contract includes— an arrangement or understanding; and a collateral contract relating to a contract. injury means an injury under the Workers’ Compensation and Rehabilitation Act 2003 . unfair contract means a contract that— is harsh, unconscionable or unfair; or is against the public interest; or provides, or has provided, a total remuneration less than that which a person performing the work as an employee would receive under an industrial instrument or this Act; or is designed to, or does, avoid the provisions of an industrial instrument. worker means a worker under the Workers’ Compensation and Rehabilitation Act 2003 . s 471 amd 2022 No. 27 s 3 sch 1 (sec.471-ssec.1) On application by an entity under section 472 , the commission may amend or declare void (wholly or partly) a contract if it considers— the contract is— a contract of employment that is not covered by an industrial instrument or federal industrial instrument; or a contract for services; and the contract is an unfair contract. (sec.471-ssec.2) The commission must not— amend a contract to include an accident pay provision; or declare a contract wholly or partly void, because it does not contain an accident pay provision. (sec.471-ssec.3) In deciding whether to amend or declare void a contract, or part of a contract, the commission may consider— the relative bargaining power of the parties to the contract and, if applicable, a person acting for the parties; or whether any undue influence or pressure was exerted on, or any unfair tactics were used against, a party to the contract; or an industrial instrument, a federal industrial instrument or this Act; or the Queensland minimum wage; or anything else the commission considers relevant. (sec.471-ssec.4) The commission may consider a contract to be an unfair contract— even if the contract was made before the commencement; and if it considers the contract— was an unfair contract when it was entered into; or became an unfair contract after it was entered into because of the conduct of the parties, or a variation to the contract or for any other reason it considers sufficient. (sec.471-ssec.5) The commission may make an order it considers appropriate about payment of an amount for a contract amended or declared void. (sec.471-ssec.6) In this section— accident pay provision means a provision for accident pay, or other payment, on account of a worker sustaining an injury. contract includes— an arrangement or understanding; and a collateral contract relating to a contract. injury means an injury under the Workers’ Compensation and Rehabilitation Act 2003 . unfair contract means a contract that— is harsh, unconscionable or unfair; or is against the public interest; or provides, or has provided, a total remuneration less than that which a person performing the work as an employee would receive under an industrial instrument or this Act; or is designed to, or does, avoid the provisions of an industrial instrument. worker means a worker under the Workers’ Compensation and Rehabilitation Act 2003 . - (a) the contract is— (i) a contract of employment that is not covered by an industrial instrument or federal industrial instrument; or (ii) a contract for services; and - (i) a contract of employment that is not covered by an industrial instrument or federal industrial instrument; or - (ii) a contract for services; and - (b) the contract is an unfair contract. - (i) a contract of employment that is not covered by an industrial instrument or federal industrial instrument; or - (ii) a contract for services; and - (a) amend a contract to include an accident pay provision; or - (b) declare a contract wholly or partly void, because it does not contain an accident pay provision. - (a) the relative bargaining power of the parties to the contract and, if applicable, a person acting for the parties; or - (b) whether any undue influence or pressure was exerted on, or any unfair tactics were used against, a party to the contract; or - (c) an industrial instrument, a federal industrial instrument or this Act; or - (d) the Queensland minimum wage; or - (e) anything else the commission considers relevant. - (a) even if the contract was made before the commencement; and - (b) if it considers the contract— (i) was an unfair contract when it was entered into; or (ii) became an unfair contract after it was entered into because of the conduct of the parties, or a variation to the contract or for any other reason it considers sufficient. - (i) was an unfair contract when it was entered into; or - (ii) became an unfair contract after it was entered into because of the conduct of the parties, or a variation to the contract or for any other reason it considers sufficient. - (i) was an unfair contract when it was entered into; or - (ii) became an unfair contract after it was entered into because of the conduct of the parties, or a variation to the contract or for any other reason it considers sufficient. - (a) an arrangement or understanding; and - (b) a collateral contract relating to a contract. - (a) is harsh, unconscionable or unfair; or - (b) is against the public interest; or - (c) provides, or has provided, a total remuneration less than that which a person performing the work as an employee would receive under an industrial instrument or this Act; or - (d) is designed to, or does, avoid the provisions of an industrial instrument.