Industrial Relations Act 2016

If the commission considers all reasonable steps to settle an application by conciliation have been made, but have been unsuccessful, the commission may hear and decide the application by—

making an order under section 406ZZB or 406ZZC; or

dismissing the application.

In deciding whether termination of the courier service contract was harsh, unjust or unreasonable, the commission must consider the following matters—

how long the independent courier provided services transporting goods for the principal contractor under the contract or otherwise;

whether the independent courier was notified of the reasons for termination;

whether the termination related to—

the operational requirements of the principal contractor’s business or service; or

the independent courier’s conduct, capacity or performance;

if the termination relates to the independent courier’s conduct, capacity or performance—

whether the independent courier had been warned about the conduct, capacity or performance; or

whether the independent courier was given an opportunity to respond to the claim about the conduct, capacity or performance;

any other matters the commission considers relevant.