Section 536KQHFair Work Act 2009 (Cth)

Applications for a deferral determination for a road transport minimum standards order

(1) An application may be made to the FWC for a determination under subsection 536KQJ(1) (a deferral determination) in relation to a road transport minimum standards 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 regulated road transport contractors covered by the road transport minimum standards order;

(b) an organisation that is entitled to represent the industrial interests of one or more of the road transport businesses covered by the road transport minimum standards order;

(c) a road transport business covered by the road transport minimum standards order.

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 minimum standards order that has already come into operation.

Note: If the road transport minimum standards order concerned comes into operation before the FWC considers the application, the FWC may treat it as a suspension application, see subsection 536KQL(2).

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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