From 26 August 2024 the Fair Work Commssion will have powers to deal with the resolution of claims of unfair services contract terms (as to which see sec 536NB, Fair Work Act 2009) such as the relative bargaining power of the parties or whether there is a serious imbalance between the rights and obligations of the parties to the agreement of  the terms of services contracts entered into on or after 26 August 2024 for the provision of services by independent contractors, both individuals and corporations in certain cases, under contracts for (not of) services (see sec 15H, Fair Work Act)  for the provision and performance of work to be performed by individual persons where

(a) there is a constitutional connection which will ordinarily be provided for by least one party to the contract being a constitutional corporation, most commonly a trading corporation to whom the services are to be provided, and

(b) the annual remuneration to be paid is less than the contractor high income threshold, a sum which is to be determined  by regulation.

The jurisdiction does not cover the performance of work under the services contract or the conduct of a party, instead it is limited to the fairness of the terms of the services contract.

 

Here is a link to an excellent video published by the Fair Work Commission about the new laws;  https://www.youtube.com/watch?v=pONNQu_e7oI