Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection ( 2), the rights, entitlements, obligations and liabilities of a party to a services contract are not affected by a law of a State or Territory to the extent that the law would otherwise do one or more of the following:
(a) take or deem a party to a services contract to be an employer or employee, or otherwise treat a party to a services contract as if the party were an employer or employee, for the purposes of a law that relates to one or more workplace relations matters (or provide a means for a party to the contract to be so taken, deemed or treated);
(b) confer or impose rights, entitlements, obligations or liabilities on a party to a services contract in relation to matters that, in an employment relationship, would be workplace relations matters (or provide a means for rights, entitlements, obligations or liabilities in relation to such matters to be conferred or imposed on a party to a services contract);
(c) without limiting paragraphs ( a) and (b)--expressly provide for a court, commission or tribunal to do any of the following in relation to a services contract on an unfairness ground:
(i) make an order or determination (however described) setting aside, or declaring to be void or otherwise unenforceable, all or part of the contract;
(ii) make an order or determination (however described) amending or varying all or part of the contract.
Note 1: For the meaning of workplace relations matter , see section 8.
Note 2: For the meaning of unfairness ground , see section 9.
Note 3: Division 1 of Part 5 provides for a transitional period during which the State and Territory laws (other than laws that provide as mentioned in paragraph ( 1)(c)) may continue to apply despite this subsection.
(2) Subsection ( 1) does not apply in relation to:
(a) a law of a State or Territory, to the extent that the law deals with matters relating to outworkers (including entry of a representative of a trade union to premises for a purpose connected with outworkers), other than matters mentioned in paragraph ( 1)(c); or
(b) any of the following laws:
(i) Chapter 6 of the Industrial Relations Act 1996 of New South Wales (and any other provision of that Act to the extent that it relates to, or has effect for the purposes of, a provision of Chapter 6);
(ii) the Owner Drivers and Forestry Contractors Act 2005 of Victoria; or
(c) a law of a State or Territory that is specified in
regulations made for the purposes of this paragraph, to the extent that the
law is so specified.