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FAIR WORK ACT 2009 - SECT 536JR

What is an unfairness ground

  (1)   Subject to subsection   (2), for the purposes of this Chapter, each of the following grounds is an unfairness ground in relation to a services contract:

  (a)   the services contract is unfair;

  (b)   the services contract is harsh or unreasonable;

  (c)   the services contract is unjust;

  (d)   the services contract is against the public interest;

  (e)   the services contract is designed to, or does, avoid the provisions of:

  (i)   this Act; or

  (ii)   the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ; or

  (iii)   a State or Territory industrial law; or

  (iv)   an award, agreement or other instrument made under a law referred to in subparagraph   (i), (ii) or (iii);

  (f)   the services 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   536JQ(2), are not workplace relations matters.



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