536KQBLimitations on making a deferral declaration

536KQB Limitations on making a deferral declaration

No deferral of minimum standards order that is in operation

(1) The Minister must not make a deferral declaration in relation to a minimum standards order that has already come into operation.

Only one full deferral declaration is permitted etc.

(2) The Minister:

(a) may only make one full deferral declaration in relation to a particular minimum standards order; and

(b) must not make a full deferral declaration in relation to a particular road transport minimum standards order if a deferral determination (whether a full deferral determination or a part deferral determination) has previously been made by the FWC in relation to the road transport minimum standards order.

Note: The FWC may make deferral determinations in relation to road transport minimum standards orders under Subdivision B of this Division.

More than one part deferral declaration is permitted

(3) Subject to subsection (4), the Minister may make more than one part deferral declaration in relation to a particular minimum standards order.

(4) If more than one part deferral declaration or part deferral determination is made in relation to the same minimum standards order as permitted by subsection (3) of this section or subsection 536KQK(3), a later part deferral declaration must not have the effect of deferring, or purporting to defer, the application of a term or terms to any person:

(a) to whom the terms already apply when the later part deferral declaration is made; or

(b) in relation to whom the application of the terms has previously been deferred.