536PTFWC may vary or revoke road transport contractual chain orders

536PT FWC may vary or revoke road transport contractual chain orders

(1) The FWC may make a determination varying or revoking a road transport contractual chain order if the FWC is satisfied that making the determination is consistent with the minimum standards objective and the road transport objective.

Note: When deciding to vary a road transport contractual chain order as a result of an emergency application, the FWC must include in the order, or remove from the order, certain terms: see subsections 536PQ(3) and 536PQA(3).

(2) The FWC may make a determination varying a road transport contractual chain order in such a way that not all of the elements of the variation sought in an application under section 536PS are implemented, including by refusing to make a variation to the extent that it would result in the order covering persons who are not regulated road transport contractors or road transport employee‑like workers.

(3) The FWC may make a determination varying a road transport contractual chain order to remove an ambiguity or uncertainty or to correct an error.

(4) The FWC may make a determination varying or revoking a road transport contractual chain order:

(a) on its own initiative; or

(b) on application under section 536PS.

(5) The FWC must not vary or revoke a road transport contractual chain order that covers road transport employee‑like workers, or in such a way that it would begin to cover or cease to cover road transport employee‑like workers, unless the FWC considers it appropriate.

(6) The FWC may also make a determination under subsection (1) varying or revoking a road transport contractual chain order to give effect to a decision under paragraph 536QK(2)(a) or (b) to vary or revoke the road transport contractual chain order.

Note: Subsection 536QK(2) requires the FWC to consider whether to vary or revoke a road transport contractual chain order after a deferral declaration, a deferral determination, a suspension declaration or a suspension determination is made in relation to the order.

(7) A road transport contractual chain order that is not in operation can only be revoked or varied under the process set out in Divisions 3 and 4.