Fair Work Act 2009

If an application for a deferral determination in relation to a road transport contractual chain order is made, the FWC must:

consider the application as soon as practicable; and

consult the Road Transport Advisory Group before making a decision on the application.

If the road transport contractual chain order concerned comes into operation before the FWC makes a decision on the application, the FWC may treat the application as if it were an application for a suspension determination.

The FWC may:

make the deferral determination under subsection 536QB(1); or

decide not to make the deferral determination.

The FWC must make the deferral determination if, and must not make the deferral determination unless, the FWC is satisfied that:

the applicant has provided significant new facts or evidence that was not available at the time the FWC decided to make the road transport contractual chain order; and

the significant new facts or evidence demonstrate that the road transport contractual chain order will not provide, or has not provided, an appropriate safety net of road transport contractual chain for parties in the road transport industry, having regard to the road transport contractual chain objective and the road transport objective.

In considering whether the FWC is satisfied as mentioned in subsection (4), the FWC may have regard to whether one or more previous applications for variation or revocation of the road transport contractual chain order concerned have previously been made.

The FWC must publish a deferral determination on the FWC’s website and by any other means the FWC considers appropriate as soon as practicable after making the determination.