Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 536PV

No deferral of road transport contractual chain order that is in operation

  (1)   The Minister must not make a deferral declaration in relation to a road transport contractual chain order that has already come into operation.

Only one full deferral declaration is permitted etc.

  (2)   The Minister:

  (a)   may only make one full deferral declaration in relation to a particular road transport contractual chain order; and

  (b)   must not make a full deferral declaration in relation to a particular road transport contractual chain order if a deferral determination (whether a full deferral determination or a part deferral determination) has previously been made by the FWC in relation to the road transport contractual chain order.

Note:   The FWC may make deferral determinations in relation to road transport contractual chain orders under Subdivision B of this Division.

More than one part deferral declaration is permitted

  (3)   Subject to subsection   (4), the Minister may make more than one part deferral declaration in relation to a particular road transport contractual chain order.

  (4)   If more than one part deferral declaration or part deferral determination is made in relation to the same road transport contractual chain order as permitted by subsection   (3) of this section or subsection   536QC(3), a later part deferral declaration must not have the effect of deferring, or purporting to defer, the application of a term or terms to any person:

  (a)   to whom the terms already apply when the later part deferral declaration is made; or

  (b)   in relation to whom the application of the terms has previously been deferred.