Fair Work Act 2009
536KQQDecision on an application for a suspension determination in relation to a road transport minimum standards orders
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536KQQ Decision on an application for a suspension determination in relation to a road transport minimum standards orders
(1) If an application for a suspension determination in relation to a road transport minimum standards order is made, the FWC must:
(a) consider the application as soon as practicable; and
(b) consult the Road Transport Advisory Group before making a decision on the application.
(2) The FWC may:
(a) make the suspension determination under subsection 536KQP(1); or
(b) decide not to make the suspension determination.
(3) The FWC must make the suspension determination if, and must not make the suspension determination unless, the FWC is satisfied that:
(a) the applicant has provided significant new facts or evidence that was not available at the time the FWC decided to make the road transport minimum standards order; and
(b) the significant new facts or evidence demonstrate that the road transport minimum standards order will not provide, or has not provided, an appropriate safety net of minimum standards for parties in the road transport industry, having regard to the minimum standards objective and the road transport objective.
(4) In considering whether the FWC is satisfied as mentioned in subsection (3), the FWC may have regard to whether one or more previous applications for variation or revocation of the minimum standards order have previously been made.
(5) If the FWC makes the suspension determination, the FWC may make any orders it considers appropriate to ensure that no person is unfairly affected by the suspension.
(6) The FWC must publish a suspension determination on the FWC’s website and by any other means the FWC considers appropriate as soon as practicable after making the determination.
(7) The making of a suspension determination does not affect any right or liability that a person acquired, accrued or incurred before the suspension determination is made.