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Fair Work Act 2009
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536QK FWC must consider whether to vary or revoke a road transport contractual chain 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 road transport contractual chain order; or
(b) the FWC makes a deferral determination or a suspension determination in relation to a road transport contractual chain order.
(2) The FWC must, as soon as practicable, consider whether or not to vary or revoke the road transport contractual chain order. The FWC must:
(a) vary the road transport contractual chain order under subsection 536PT(1); or
(b) revoke the road transport contractual chain order under subsection 536PT(1); or
(c) decide not to vary or revoke the road transport contractual chain order.
General preconditions for variation or revocation
(3) The FWC:
(a) must not vary or revoke the road transport contractual chain order unless there has been genuine engagement with the parties to be covered; and
(b) in the case of a road transport contractual chain order—must not vary or revoke the road transport contractual chain order unless the Road Transport Advisory Group has been consulted; and
(c) in the case of a road transport contractual chain order—must have regard to the commercial realities of the road transport industry; and
(d) in the case of a road transport contractual chain order—must be satisfied that the variation or revocation of the road transport contractual chain order will not unduly affect the viability and competitiveness of owner drivers or other similar persons; and
(e) in the case of a road transport contractual chain order that covers road transport employee‑like workers—must have regard to choice and flexibility in working arrangements.
Special preconditions for variation or revocation: road transport contractual chain order
(4) In addition to the matters mentioned in subsection (3), the FWC must not vary or revoke a road transport contractual chain 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 4 of this Part in relation to the variation or revocation.
Publication requirements
(5) 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.
End of suspension period does not affect obligations under this section
(6) The end of a period of suspension of a road transport contractual chain order under subsection 536PX(4) or 536QG(4) does not affect the FWC’s obligation to consider whether or not to vary or revoke the road transport contractual chain order.