Application for unfair contract term remedy
536ND Application for unfair contract term remedy
A person who is party to a services contract, or an organisation that represents the industrial interests of a person who is party to a services contract, may apply to the FWC for an order under Division 3 granting a remedy on the basis that the services contract contains a term that is unfair.
An application must not be made in relation to a services contract unless, in the year the application is made, the sum of the person’s annual rate of earnings, and such other amounts (if any) worked out in relation to the person in accordance with the regulations, is less than the contractor high income threshold.
Division 3 sets out when the FWC may order a remedy for an unfair contract term.
This provision refers to the regulations (the regulations
). Made under this Act:
- Fair Work Regulations 2009 · under s 796
9 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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