Fair Work Act 2009

This section applies if:

an application is made for a road transport contractual chain order under subsection 536PE(1) or for a variation of a road transport contractual chain order under section 536PS; or

the FWC is considering making or varying a road transport contractual chain order on its own initiative.

The FWC:

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

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

must not make or vary the road transport contractual chain order unless the consultation process set out in Subdivision C of this Division has been followed; and

in deciding whether to make or vary the road transport contractual chain order, must have regard to the commercial realities of the road transport industry, including commercial practices in relation to part load, mixed load, no load, multi‑leg and return trips; and

must not make or vary the road transport contractual chain order unless the FWC is satisfied that making or varying the road transport contractual chain order will not unduly affect the viability and competitiveness of road transport businesses, owner drivers or other similar persons; and

in deciding whether to make or vary the road transport contractual chain order, must take into account any current or proposed road transport contractual chain orders and any current or proposed minimum standards orders; and

must take reasonable steps to ensure that the coverage of the road transport contractual chain order is clear.

If paragraph (1)(a) applies and the application is an emergency application, a direction under subsection 582(4D) does not apply to the FWC when deciding whether to make or vary the road transport contractual chain order.