Document ID: chunk:federal_register_of_legislation:C2025C00150:section:536kq
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 536KQ
Character Range: 1278147–1279812

536KQ  FWC may vary or revoke minimum standards orders if consistent with the minimum standards objective
 (1) The FWC may make a determination varying or revoking a minimum standards order if the FWC is satisfied that making the determination is consistent with the minimum standards objective.
Note: In the case of a road transport minimum standards order, the FWC must also consider the road transport objective.
 (2) The FWC may make a determination varying a minimum standards order in such a way that not all of the elements of the variation sought in an application under section 536KP 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 workers.
 (3) The FWC may make a determination varying a minimum standards order to remove an ambiguity or uncertainty or to correct an error.
 (4) The FWC may make a determination varying or revoking a minimum standards order:
 (a) on its own initiative; or
 (b) on application under section 536KP.
 (5) The FWC may also make a determination under subsection (1) varying or revoking a minimum standards order to give effect to a decision under paragraph 536KQS(2)(a) or (b) to vary or revoke the minimum standards order.
Note: Subsection 536KQS(1) requires the FWC to consider whether to vary or revoke a minimum standards order after a deferral declaration, a deferral determination, a suspension declaration or a suspension determination is made in relation to the order.

Division 3A—Deferral and suspension of minimum standards orders

Subdivision A—Ministerial declarations to defer or suspend minimum standards orders