Section 536JR — Fair Work Act 2009: What is an unfairness ground

(1) Subject to subsection (2), for the purposes of this Chapter, each of the following grounds is an unfairness ground in relation to a services contract: (a) the services contract is unfair; (b) the services contract is harsh or unreasonable; (c) the services contract is unjust; (d) the services contract is against the public interest; (e) the services contract is designed to, or does, avoid the provisions of: (i) this Act; or (ii) the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or (iii) a State or Territory industrial law; or (iv) an award, agreement or other instrument made under a law referred to in subparagraph (i), (ii) or (iii); (f) the services contract provides for remuneration at a rate that is, or is likely to be, less than the rate of remuneration for an employee performing similar work; (g) any other ground that is substantially the same as a ground specified in any of paragraphs (a) to (f); (h) any other ground specified in regulations made for the purposes of this paragraph. (2) A ground specified in subsection (1) is not an unfairness ground in relation to a services contract to the extent that the ground relates to matters that, because of subsection 536JQ(2), are not workplace relations matters.