NSWIn ForceAct
Industrial Relations Act 1996
321AApplications to make contract determinations—proposed Fair Work Commission minimum standards orders pending
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#### 321A Applications to make contract determinations—proposed Fair Work Commission minimum standards orders pending
321A Applications to make contract determinations—proposed Fair Work Commission minimum standards orders pending
> > (1) This section applies if—
> >
> > > (a) an application has been made to the Commission under this part (a Part 2 application) in relation to a carrier or group of carriers, and
> >
> > > (b) an application has been made, but has not been determined, for an employee-like worker minimum standards order under the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth, section 536JZ (an employee-like MSO application) that has a reasonable likelihood of applying to the same carrier or group of carriers.
>
> > (2) Despite this part, the Commission, when dealing with the Part 2 application, must—
> >
> > > (a) have regard to the employee-like MSO application, and
> >
> > > (b) without limiting the Commission’s other functions, do one of the following unless the Commission is satisfied it would be unreasonable in the circumstances—
> > >
> > > > (i) dismiss the application,
> > >
> > > > (ii) adjourn the application for the period the Commission considers reasonable.
>
> **s 321A:** Ins 2025 No 20, Sch 1\[12\].