536KQKLimitations on making a deferral determination

536KQK Limitations on making a deferral determination

No deferral of road transport minimum standards order that is in operation

(1) The FWC must not make a deferral determination in relation to a road transport minimum standards order that has already come into operation.

Only one full deferral determination is permitted etc.

(2) The FWC:

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

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

Note: The Minister may make deferral declarations in relation to minimum standards orders under Subdivision A of this Division

More than one part deferral determination is permitted

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

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

(a) to whom the term already applies when the later part deferral determination is made; or

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