536KQDMinister may make a declaration suspending a minimum standards order

536KQD Minister may make a declaration suspending a minimum standards order

(1) If the Minister considers it is in the public interest to do so, the Minister may, by notifiable instrument, make a declaration (a suspension declaration):

(a) suspending the operation of a minimum standards order; or

(b) suspending the application of:

(i) all of the terms of a minimum standards order to a specified class or specified classes of persons; or

(ii) specified terms of a minimum standards order to a specified class or specified classes of persons; or

(iii) specified terms of a minimum standards order to all persons.

(2) A suspension declaration made under paragraph (1)(a) is a full suspension declaration, and a suspension declaration made under paragraph (1)(b) is a part suspension declaration, in relation to the minimum standards order to which the suspension declaration relates.

Suspension declaration must specify period of suspension

(3) A suspension declaration must specify the period of the suspension, which:

(a) must not be longer than 12 months; and

(b) must not start before the day on which the suspension declaration is made.

When period of suspension ends

(4) Subject to subsection (5), a period of suspension specified in a suspension declaration ends immediately after the end of the period specified in the suspension declaration under subsection (3).

(5) If a period of suspension has not already ended under subsection (3) when the FWC makes a decision under subsection 536KQS(2) as to whether to vary or revoke the minimum standards order, the period of suspension ends on whichever of the following days is applicable:

(a) if the FWC decides to vary or revoke the minimum standards order—on the day that the determination made under subsection 536KQ(1) varying or revoking the minimum standards order comes into operation, which must not be later than 12 months after the day on which the suspension declaration was made;

(b) if the FWC decides not to vary or revoke the minimum standards order:

(i) 7 days after the day on which the decision is made; or

(ii) if a 7‑day period would result in the suspension lasting longer than 12 months—such shorter period as is specified in the decision, which must be a period that would result in the suspension lasting 12 months or less.

Classes

(6) Without limiting the way in which a class may be described for the purposes of subsection (1), the class may be described by reference to a particular industry or sector, or part of an industry or sector, or particular kinds of work.