Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 471

471 Power to amend or declare void contracts

(1) On application by an entity under section 472 , the commission may amend or declare void (wholly or partly) a contract if it considers—

(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

(b) the contract is an unfair contract.

(2) The commission must not—

(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.

(3) In deciding whether to amend or declare void a contract, or part of a contract, the commission may consider—

(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.

(4) The commission may consider a contract to be an unfair contract—

(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.

(5) The commission may make an order it considers appropriate about payment of an amount for a contract amended or declared void.

(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—

(a) an arrangement or understanding; and

(b) 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—

(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.

"worker" means a worker under the Workers’ Compensation and Rehabilitation Act 2003 .