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 suspension declaration):

suspending the operation of a road transport contractual chain order; or

suspending the application of:

all of the terms of a road transport contractual chain order to a specified class or specified classes of persons; or

specified terms of a road transport contractual chain order to a specified class or specified classes of persons; or

specified terms of a road transport contractual chain order to all persons.

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

A suspension declaration must specify the period of the suspension, which:

must not be a period that is longer than the relevant period for the order; and

must not start before the day on which the suspension declaration is made.

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

If a period of suspension has not already ended under subsection (3) when the FWC makes a decision under subsection 536QK(2) as to whether to vary or revoke the road transport contractual chain 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 contractual chain order—on the day that the determination made under subsection 536PT(1) varying or revoking the road transport contractual chain order comes into operation, which must not be later than the relevant period after the day on which the suspension declaration was made;

if the FWC decides not to vary or revoke the road transport contractual chain 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 the relevant period—such shorter period as is specified in the decision, which must be a period that would result in the suspension lasting the relevant period or less.

The relevant period for a road transport contractual chain order is:

12 months, unless paragraph (b) applies; and

for a time‑sensitive road transport contractual chain order—3 months.

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.

If the Minister makes a suspension declaration, the FWC may make any orders it considers appropriate to ensure that no person is unfairly affected by the suspension.

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

The making of a suspension declaration does not affect any right or liability that a person acquired, accrued or incurred before the suspension declaration is made.