Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The FWC may make a determination varying or revoking a road transport contractual chain order if the FWC is satisfied that making the determination is consistent with the minimum standards objective and the road transport objective.
(2) The FWC may make a determination varying a road transport contractual chain order in such a way that not all of the elements of the variation sought in an application under section 536PS are implemented, including by refusing to make a variation to the extent that it would result in the order covering persons who are not regulated road transport contractors or road transport employee - like workers.
(3) The FWC may make a determination varying a road transport contractual chain order to remove an ambiguity or uncertainty or to correct an error.
(4) The FWC may make a determination varying or revoking a road transport contractual chain order:
(a) on its own initiative; or
(b) on application under section 536PS.
(5) The FWC must not vary or revoke a road transport contractual chain order that covers road transport employee - like workers, or in such a way that it would begin to cover or cease to cover road transport employee - like workers, unless the FWC considers it appropriate.
(6) The FWC may also make a determination under subsection (1) varying or revoking a road transport contractual chain order to give effect to a decision under paragraph 536QK(2)(a) or (b) to vary or revoke the road transport contractual chain order.
Note: Subsection 536QK(2) requires the FWC to consider whether to vary or revoke a road transport contractual chain order after a deferral declaration, a deferral determination, a suspension declaration or a suspension determination is made in relation to the order.
(7) A road transport contractual chain order that is not in operation can only be revoked or varied under the process set out in Divisions 3 and 4.