Applications to make contract determinations—proposed Fair Work Commission minimum standards orders pending
321A Applications to make contract determinations—proposed Fair Work Commission minimum standards orders pending
This section applies if—
an application has been made to the Commission under this part (a Part 2 application) in relation to a carrier or group of carriers, and
an application has been made, but has not been determined, for an employee-like worker minimum standards order under the Fair Work Act 2009 of the Commonwealth, section 536JZ (an employee-like MSO application) that has a reasonable likelihood of applying to the same carrier or group of carriers.
Despite this part, the Commission, when dealing with the Part 2 application, must—
have regard to the employee-like MSO application, and
without limiting the Commission’s other functions, do one of the following unless the Commission is satisfied it would be unreasonable in the circumstances—
dismiss the application,
adjourn the application for the period the Commission considers reasonable.
This Act’s bill:Explanatory memorandumSecond reading speech
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