Fair Work Act 2009

The FWC may, on application under subsection 536KQH(1), make a deferral determination:

that defers the coming into operation of a road transport minimum standards order; or

that defers the application of:

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

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

specified terms of a road transport minimum standards order to all persons.

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

A deferral determination in relation to a road transport 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 road transport 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.