536KQSFWC must consider whether to vary or revoke a minimum standards order that has been deferred or suspended

536KQS FWC must consider whether to vary or revoke a minimum standards order that has been deferred or suspended

(1) This section applies if:

(a) the Minister makes a deferral declaration or a suspension declaration in relation to a minimum standards order; or

(b) the FWC makes a deferral determination or a suspension determination in relation to a road transport minimum standards order.

(2) The FWC must, as soon as practicable, consider whether or not to vary or revoke the minimum standards order. The FWC must:

(a) vary the minimum standards order under subsection 536KQ(1); or

(b) revoke the minimum standards order under subsection 536KQ(1); or

(c) decide not to vary or revoke the minimum standards order.

General preconditions for variation or revocation

(3) The FWC:

(a) must not vary or revoke the minimum standards order unless there has been genuine engagement with the parties to be covered; and

(b) in the case of a road transport minimum standards order—must not vary or revoke the road transport minimum standards order unless the Road Transport Advisory Group has been consulted; and

(c) in the case of a road transport minimum standards order—must have regard to the commercial realities of the road transport industry; and

(d) in the case of a road transport minimum standards order—must be satisfied that the variation or revocation of the minimum standards order will not unduly affect the viability and competitiveness of owner drivers or other similar persons; and

(e) in the case of an employee‑like worker minimum standards order—must have regard to choice and flexibility in working arrangements.

Special preconditions for variation or revocation: road transport minimum standards order

(4) In addition to the matters mentioned in subsection (3), the FWC must not vary or revoke a road transport minimum standards order in relation to which a deferral declaration or a deferral determination has been made unless the FWC has followed the process set out in Division 3B of this Part in relation to the variation or revocation.

Special preconditions for variation or revocation: employee‑like worker minimum standards order

(5) In addition to the matters mentioned in subsection (3), the FWC must not vary or revoke an employee‑like worker minimum standards order in relation to which a deferral declaration or a deferral determination has been made unless the FWC has followed the process set out in Division 3C of this Part in relation to the variation or revocation.

Publication requirements

(6) The FWC must publish notice of the FWC’s decision under subsection (2) on the FWC’s website and by any other means the FWC considers appropriate.