Fair Work Act 2009

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

suspending the operation of a road transport minimum standards order; or

suspending:

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

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

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

A person may also apply for a variation or revocation of a road transport minimum standards order under section 536KP.

Judicial review of decisions of the FWC is available—see paragraph 39B(1A)(c) of the Judiciary Act 1903.

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

If the FWC makes a suspension determination in relation to a road transport minimum standards order, the suspension determination must specify the period for which the order is suspended, which:

must not be a period of more than 12 months; and

must not start before the day on which the determination is made.

Subject to subsection (5), a period of suspension specified in a suspension determination ends immediately after the end of the period specified in the suspension determination under subsection (3).

If the period of suspension has not already ended under subsection (4) when the FWC makes a decision under subsection 536KQS(2) as to whether to vary or revoke the road transport minimum standards order, the period of suspension ends on whichever of the following days is applicable:

if the FWC decides to vary or revoke the road transport minimum standards order—on the day that the determination made under subsection 536KQ(1) varying or revoking the minimum standards order comes into operation, which must not be later than 12 months after the day on which the suspension determination was made;

if the FWC decides not to vary or revoke the road transport minimum standards order:

7 days after the day on which the decision is made; or

if a 7‑day period would result in the suspension lasting longer than 12 months—such shorter period as is specified in the decision, which must be a period that would result in the suspension lasting 12 months or less.

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.