Fair Work Act 2009

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

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

suspending:

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

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

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

A person may also apply under section 536PS for a variation or revocation of a road transport contractual chain order.

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 contractual chain order to which the suspension determination relates.

If the FWC makes a suspension determination in relation to a road transport contractual chain order, the suspension determination must specify the period for which the order is suspended, 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 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 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 determination 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.