Matters to be considered in deciding whether a term of a services contract is an unfair contract term
(1) In determining whether a term of a services contract is an unfair contract term, the FWC may take into account the following matters: (a) the relative bargaining power of the parties to the services contract; (b) whether the services contract as a whole displays a significant imbalance between the rights and obligations of the parties; (c) whether the contract term under consideration is reasonably necessary to protect the legitimate interests of a party to the contract; (d) whether the contract term under consideration imposes a harsh, unjust or unreasonable requirement on a party to the contract; (e) whether the services contract as a whole provides for a total remuneration for performing work that is: (i) less than regulated workers performing the same or similar work would receive under a minimum standards order or minimum standards guidelines; or (ii) less than employees performing the same or similar work would receive; (f) any other matter the FWC considers relevant. (2) The matters in paragraphs (1)(b) to (f) are to be assessed as at the time the FWC considers the application.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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