536KQFWC may vary or revoke minimum standards orders if consistent with the minimum standards objective

536KQ FWC may vary or revoke minimum standards orders if consistent with the minimum standards objective

(1) The FWC may make a determination varying or revoking a minimum standards order if the FWC is satisfied that making the determination is consistent with the minimum standards objective.

Note: In the case of a road transport minimum standards order, the FWC must also consider the road transport objective.

(2) The FWC may make a determination varying a minimum standards order in such a way that not all of the elements of the variation sought in an application under section 536KP are implemented, including by refusing to make a variation to the extent that it would result in the order covering persons who are not regulated workers.

(3) The FWC may make a determination varying a minimum standards order to remove an ambiguity or uncertainty or to correct an error.

(4) The FWC may make a determination varying or revoking a minimum standards order:

(a) on its own initiative; or

(b) on application under section 536KP.

(5) The FWC may also make a determination under subsection (1) varying or revoking a minimum standards order to give effect to a decision under paragraph 536KQS(2)(a) or (b) to vary or revoke the minimum standards order.

Note: Subsection 536KQS(1) requires the FWC to consider whether to vary or revoke a minimum standards order after a deferral declaration, a deferral determination, a suspension declaration or a suspension determination is made in relation to the order.