sec.74Application to amend or declare void contract

sec.74 Application to amend or declare void contract

An application to amend or declare void a contract under section 471 must be in the approved form and state how the contract to which the application relates— is a contract of service not covered by an industrial instrument; or is a contract for services. The application must also state— how the contract conditions are harsh, unconscionable or unfair; or how the contract is against the public interest; or how the contract provides, or has provided, a total remuneration of less than that which a person performing the work as an employee would receive under an industrial instrument or the Act ; or how the contract is designed to, or does, avoid the provisions of an industrial instrument. An affidavit contained in or accompanying the application must state that the applicant— has not made an application under section 317 of the Act for the same matter; and is not a person mentioned in section 472 (2) (b) of the Act . If the contract for services or contract of service is written or partly written, it must be attached as an exhibit to the affidavit. r 74 amd 2017 SL No. 26 s 22 ; 2021 SL No. 10 s 55 (sec.74-ssec.1) An application to amend or declare void a contract under section 471 must be in the approved form and state how the contract to which the application relates— is a contract of service not covered by an industrial instrument; or is a contract for services. (sec.74-ssec.2) The application must also state— how the contract conditions are harsh, unconscionable or unfair; or how the contract is against the public interest; or how the contract provides, or has provided, a total remuneration of less than that which a person performing the work as an employee would receive under an industrial instrument or the Act ; or how the contract is designed to, or does, avoid the provisions of an industrial instrument. (sec.74-ssec.3) An affidavit contained in or accompanying the application must state that the applicant— has not made an application under section 317 of the Act for the same matter; and is not a person mentioned in section 472 (2) (b) of the Act . (sec.74-ssec.4) If the contract for services or contract of service is written or partly written, it must be attached as an exhibit to the affidavit.

• (a) is a contract of service not covered by an industrial instrument; or
• (b) is a contract for services.
• (a) how the contract conditions are harsh, unconscionable or unfair; or
• (b) how the contract is against the public interest; or
• (c) how the contract provides, or has provided, a total remuneration of less than that which a person performing the work as an employee would receive under an industrial instrument or the Act ; or
• (d) how the contract is designed to, or does, avoid the provisions of an industrial instrument.