Effect of this Subdivision on the validity of certain contracts is to be disregarded
245APA Effect of this Subdivision on the validity of certain contracts is to be disregarded
For the purposes of a relevant workplace law, any effect of this Subdivision on the validity of a contract of service, or the validity of a contract for services, is to be disregarded.
In this section:
relevant workplace law means:
another law of the Commonwealth (other than the Fair Work Act 2009) that regulates the relationships between the parties to a contract of service, or a contract for services, in relation to the performance of work; or
a law of a State or Territory that regulates the relationships between the parties to a contract of service, or a contract for services, in relation to the performance of work;
and includes a law dealing with occupational health and safety matters and a law dealing with workers’ compensation.
Section 40B of the Fair Work Act 2009 also provides that for the purposes of that Act, any effect of this Act, or an instrument made under this Act, on the validity of a contract of employment, or a contract for services, is to be disregarded.
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