Fair Work Act 2009

This section applies if:

an application is made for a road transport minimum standards order under subsection 536JZ(1) or for a variation of a road transport minimum standards order under section 536KP; or

the FWC is considering making or varying a minimum standards order on its own initiative.

The FWC:

must not make or vary the road transport minimum standards order unless there has been genuine engagement with the parties to be covered; and

must not make or vary the road transport minimum standards order unless the Road Transport Advisory Group has been consulted; and

must not make or vary the road transport minimum standards order unless the consultation process set out in Subdivision D has been followed; and

must have regard to the commercial realities of the road transport industry; and

must be satisfied that making or varying the road transport minimum standards order will not unduly affect the viability and competitiveness of owner drivers or other similar persons.