Fair Work Act 2009

The FWC may make a determination under this Subdivision only on application by:

the regulated host, an employer covered by the regulated labour hire arrangement order or a regulated employee covered by the order who is performing or is to perform work for the regulated host; or

an organisation entitled to represent the industrial interests of any of those persons.

The FWC must decide whether or not to make the determination as quickly as possible after the application is made.

Before deciding whether or not to make the determination, the FWC must seek the views of any person or organisation that, apart from the applicant, could have applied for the determination under subsection (1).

The FWC may make the determination only if satisfied that there are exceptional circumstances that justify making it, having regard to:

whether the purpose of the proposed exemption period or recurring extended exemption period relates to satisfying a seasonal or short‑term need for workers; and

the industry in which the work is performed or is to be performed; and

the circumstances of:

the regulated host; and

any relevant employers covered by the regulated labour hire arrangement order; and

the views (if any) of any persons or organisations mentioned in subsection (1); and

for a determination made for the purposes of paragraph 306J(2)(c)—the principle that the longer the period to be specified in the determination, the greater the justification required; and

for a determination that a period is a recurring extended exemption period for a regulated host for a kind of work—the principle that the longer the period to be specified in the determination, and the greater the number of recurrences of that period to be specified, the greater the justification required; and

any other matter the FWC considers relevant.

The determination comes into force on the later of the day the regulated labour hire arrangement order comes into force, and the following:

for a determination under section 306J that there is no exemption period for the purposes of section 306G—the day it is made;

for a determination under section 306J that there is an exemption period of more than, or less than, 3 months for the purposes of section 306G—the day it is made or a later day specified in the determination;

for a determination under section 306K (which deals with recurring extended exemption periods)—the day it is made or a later day specified in the determination.