Fair Work Act 2009

If the Minister considers it is in the public interest to do so, the Minister may, by notifiable instrument, make a declaration (a deferral declaration) that defers:

the coming into operation of a minimum standards order; or

the application of:

all of the terms of a minimum standards order to a specified class or specified classes of persons; or

specified terms of a minimum standards order to a specified class or specified classes of persons; or

specified terms of a minimum standards order to all persons.

A deferral declaration made under paragraph (1)(a) is a full deferral declaration, and a deferral declaration made under paragraph (1)(b) is a part deferral declaration, in relation to the minimum standards order to which the deferral declaration relates.

A deferral declaration in relation to a minimum standards order:

comes into operation on the day on which it is made; and

ceases to be in operation on the day on which the FWC decides under subsection 536KQS(2) whether or not to vary or revoke the minimum standards order.

Without limiting the way in which a class may be described for the purposes of subsection (1), the class may be described by reference to a particular industry or sector, or part of an industry or sector, or particular kinds of work.

The Secretary of the Department must publish a deferral declaration on the Department’s website as soon as practicable after the deferral declaration is made.