536KTInitial matter to be considered for employee-like worker minimum standards guidelines

536KT Initial matter to be considered for employee‑like worker minimum standards guidelines

(1) This section applies to a decision to make or vary, or not to make or vary, employee‑like worker guidelines, other than a decision of the FWC to refuse to consider an application to make or vary such guidelines.

(2) Before making a decision under section 536KU, the FWC must consider whether, on the whole, the persons included (or purportedly included) in the class of employee‑like workers to be covered by the minimum standards guidelines, or the guidelines as proposed to be varied, are employee‑like workers.

(3) If the FWC is not satisfied that, on the whole, the persons included (or purportedly included) in the class of employee‑like workers to be covered by the minimum standards guidelines, or the guidelines as proposed to be varied, are employee‑like workers, the FWC must decide to refuse to consider the application, or not to make or vary the guidelines, as the case requires.