Fair Work Act 2009

In determining whether a term of a services contract is an unfair contract term, the FWC may take into account the following matters:

the relative bargaining power of the parties to the services contract;

whether the services contract as a whole displays a significant imbalance between the rights and obligations of the parties;

whether the contract term under consideration is reasonably necessary to protect the legitimate interests of a party to the contract;

whether the contract term under consideration imposes a harsh, unjust or unreasonable requirement on a party to the contract;

whether the services contract as a whole provides for a total remuneration for performing work that is:

less than regulated workers performing the same or similar work would receive under a minimum standards order or minimum standards guidelines; or

less than employees performing the same or similar work would receive;

any other matter the FWC considers relevant.

The matters in paragraphs (1)(b) to (f) are to be assessed as at the time the FWC considers the application.