Section 15H — Fair Work Act 2009: Meaning of services contract

General meaning (1) A services contract is a contract for services: (a) that relates to the performance of work under the contract by an individual; and (b) that has the requisite constitutional connection specified in subsection (2) or (3). Note: Conditions or collateral arrangements relating to a services contract may be taken to be part of the services contract: see subsection (4). The requisite constitutional connection (2) A contract for services has the requisite constitutional connection if: (a) at least one party to the contract is: (i) a constitutional corporation; or (ii) the Commonwealth or a Commonwealth authority; or (iii) a body corporate incorporated in a Territory in Australia; or (b) one or more of the following subparagraphs is satisfied: (i) the work concerned is wholly or principally to be performed in a Territory in Australia; (ii) the contract was entered into in a Territory in Australia; (iii) at least one party to the contract is a natural person who is resident in, or a body corporate that has its principal place of business in, a Territory in Australia; (iv) the work concerned is done in the course of constitutional trade or commerce. Note: In this context, Australia includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands (see the definition of Australia in section 12). (3) For the purposes of Part 3A-2 (minimum standards for regulated workers), Part 3A-3 (unfair deactivation and unfair termination) and Part 3A-4 (collective agreements) to the extent to which those Parts relate to digital platform work, a contract for services also has the requisite constitutional connection if the contract was arranged or facilitated through or by means of a digital labour platform, where the operator of the digital labour platform is: (a) a constitutional corporation; or (b) the Commonwealth or a Commonwealth authority; or (c) a body corporate incorporated in a Territory in Australia; or (d) a natural person who is resident in, or a body corporate that has its principal place of business in, a Territory in Australia. Note: In this context, Australia includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands (see the definition of Australia in section 12). Conditions and collateral arrangements (4) A condition or collateral arrangement that relates to a services contract is taken to be part of that services contract if, were the condition or arrangement itself a contract for services, it would have the requisite constitutional connection.