(1) An application may be made to the FWC for a determination under subsection 536QB(1) (a deferral determination ) in relation to a road transport contractual chain order.
(2) An application may be made under subsection (1) by any of the following:
(a) an organisation that is entitled to represent the industrial interests of one or more persons in the road transport contractual chain;
(b) a regulated business in the road transport contractual chain;
(c) a person who is a primary party to the first contract or arrangement in the road transport contractual chain;
(d) a person or body prescribed by the regulations.
Note: An Expert Panel can hear applications under this Act for the road transport industry together: see subsection 582(4).
(3) An application for a deferral determination must not be made in relation to a road transport contractual chain order that has already come into operation.
Note: If the road transport contractual chain order concerned comes into operation before the FWC considers the application, the FWC may treat it as a suspension application: see subsection 536QD(2).