Fair Work Act 2009

The FWC may make a determination varying or revoking a minimum standards order if the FWC is satisfied that making the determination is consistent with the minimum standards objective.

In the case of a road transport minimum standards order, the FWC must also consider the road transport objective.

The FWC may make a determination varying a minimum standards order in such a way that not all of the elements of the variation sought in an application under section 536KP 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 workers.

The FWC may make a determination varying a minimum standards order to remove an ambiguity or uncertainty or to correct an error.

The FWC may make a determination varying or revoking a minimum standards order:

on its own initiative; or

on application under section 536KP.

The FWC may also make a determination under subsection (1) varying or revoking a minimum standards order to give effect to a decision under paragraph 536KQS(2)(a) or (b) to vary or revoke the minimum standards order.

Subsection 536KQS(1) requires the FWC to consider whether to vary or revoke a minimum standards order after a deferral declaration, a deferral determination, a suspension declaration or a suspension determination is made in relation to the order.