Recruitment, On-Hire & Contracting Agencies: A closer look at the upfront price provisions of the unfair terms in standard form small business contracts reforms.

Teacher 3From 12 November, 2016 the Australian Consumer Law will provide that a term of a small business contract is void if:

  • the term is unfair; and
  • the contract is a standard form contract.

We are exploring each of these key expressions as we prepare for the 12 November reform commencement date. So far, we have been looking at the definition of small business contract. A contract is a small business contract if it meets both a headcount requirement[1] and an upfront price requirement.  We have already considered the headcount requirement; let’s now examine the upfront price requirement.

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