Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (2), each of the following grounds is an unfairness ground in relation to a services contract:
(a) the contract is unfair;
(b) the contract is harsh or unconscionable;
(c) the contract is unjust;
(d) the contract is against the public interest;
(e) the contract is designed to, or does, avoid the provisions of:
(i) the Fair Work Act 2009 ; or
(ia) the Workplace Relations Act 1996 , as in force at any time before the WR Act repeal day, or as that Act applies after that day because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ; or
(ii) a State or Territory industrial law; or
(iii) an award, agreement or other instrument made under a law referred to in subparagraph (i), (ia) or (ii);
(f) the contract provides for remuneration at a rate that is, or is likely to be, less than the rate of remuneration for an employee performing similar work;
(g) any other ground that is substantially the same as a ground specified in any of paragraphs (a) to (f);
(h) any other ground specified in regulations made for the purposes of this paragraph.
(2) A ground specified in subsection (1) is not an unfairness ground in relation to a services contract to the extent that the ground relates to matters that, because of subsection 8(2), are not workplace relations matters.
(3) In this section:
"WR Act repeal day" has the meaning given by Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .