Under the Independent Contractors Act 2006 (IC Act), independent contractors are able to seek relief if they perform work on terms that are ‘unfair’ or ‘harsh’.
Under the IC Act, an independent contractor may be able to access remedies under the Commonwealth unfair contracts system. To be eligible, you need to be covered by the IC Act.
In deciding whether a contract is unfair or harsh, the courts must only take into account:
- the terms of the contract when it was made
- the relative bargaining strengths of the parties to the contract and, if applicable, any person acting on behalf of the parties
- whether any undue influence or pressure was exerted upon, or any unfair tactics were used against, a party to the contract
- whether the contract provides total remuneration that is or is likely to be less than that of an employee performing similar work
- any other matters the courts consider relevant.
If the court forms an opinion that the contract is unfair or harsh, the court may make an order setting aside all or part of the contract, or an order varying the terms of the contract.
For more information
- Contact the Business.gov.au Hotline on 13 28 46
- Visit business.gov.au - Independent Contractors
Need more information?
For further information, advice or assistance please contact the ABCC at 1800 003 338 or enquiry [at] abcc.gov.au.