Power to amend or declare void unfair courier service contracts
406ZV Power to amend or declare void unfair courier service contracts
On application by an entity under section 406ZW, the commission may amend or declare void (wholly or partly) a courier service contract to the extent the commission considers—
the contract is inconsistent with a contract instrument; or
the contract is an unfair contract.
In deciding whether to amend or declare void the courier service contract, or part of the courier service contract, the commission may consider—
the relative bargaining power of—
the parties to the contract; and
if applicable, a person acting for the parties; or
whether any undue influence or pressure was exerted on, or any unfair tactics were used against, a party to the contract; or
a contract instrument; or
an industrial instrument, a federal industrial instrument or this Act; or
anything else the commission considers relevant.
The commission may consider the courier service contract to be an unfair contract if it considers the contract—
was an unfair contract when it was entered into; or
became an unfair contract after it was entered into because of the conduct of the parties or an amendment of the contract, or for another reason the commission considers sufficient.
The commission may make an order it considers appropriate about payment of an amount for a courier service contract amended or declared void.
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