Industrial Relations Act 2016

On application by an entity under section 472, the commission may amend or declare void (wholly or partly) a contract if it considers—

the contract is—

a contract of employment that is not covered by an industrial instrument or federal industrial instrument; or

a contract for services; and

the contract is an unfair contract.

The commission must not—

amend a contract to include an accident pay provision; or

declare a contract wholly or partly void, because it does not contain an accident pay provision.

In deciding whether to amend or declare void a contract, or part of a 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

an industrial instrument, a federal industrial instrument or this Act; or

the Queensland minimum wage; or

anything else the commission considers relevant.

The commission may consider a contract to be an unfair contract—

even if the contract was made before the commencement; and

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 a variation to the contract or for any other reason it considers sufficient.

The commission may make an order it considers appropriate about payment of an amount for a contract amended or declared void.

In this section—

accident pay provision means a provision for accident pay, or other payment, on account of a worker sustaining an injury.

contract includes—

an arrangement or understanding; and

a collateral contract relating to a contract.

injury means an injury under the Workers’ Compensation and Rehabilitation Act 2003.

unfair contract means a contract that—

is harsh, unconscionable or unfair; or

is against the public interest; or

provides, or has provided, a total remuneration less than that which a person performing the work as an employee would receive under an industrial instrument or this Act; or

is designed to, or does, avoid the provisions of an industrial instrument.

worker means a worker under the Workers’ Compensation and Rehabilitation Act 2003.