Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.