Document ID: chunk:federal_register_of_legislation:C2023A00120:clause:1_306ed:p2
Version: federal_register_of_legislation:C2023A00120
Segment Type: clause
Provision Reference: sch 1 cl 306ED (pt 2/2)
Character Range: 37578–39763

to perform the work referred to in paragraph (1)(b).
 (6) The FWC must vary the regulated labour hire arrangement order to cover a new employer and the relevant regulated employees of the employer if the regulated host and the new employer notify the FWC that the regulated host and the new employer agree to the making of the variation.
 (7) Subject to subsections (8) and (9), the FWC must also vary the regulated labour hire arrangement order to cover a new employer and the relevant regulated employees of the employer if the FWC is satisfied of the matters referred to in subsection 306E(1) in relation to the regulated host, the new employer and the relevant regulated employees.
 (8) The FWC must not vary the regulated labour hire arrangement order in accordance with subsection (7) unless the FWC is satisfied that the performance of the work by the relevant regulated employees is not or will not be for the provision of a service, rather than the supply of labour, having regard to the matters referred to in subsection 306E(7A) in relation to the new employer and the relevant regulated employees.
 (9) The FWC must not vary the regulated labour hire arrangement order in accordance with subsection (7) if the FWC is satisfied that it is not fair and reasonable in all the circumstances to make the variation, having regard to any matters referred to in subsection 306E(8) in relation to which submissions have been made in respect of the variation.

When variation order comes into force
 (10) An order under this section comes into force on a day specified in the order.

Interim arrangements before FWC decides application
 (11) If the FWC does not decide whether to make an order under this section by the time referred to in paragraph (5)(b), the regulated labour hire arrangement order is taken (so long as it is in force) to cover the new employers and the relevant regulated employees from the time the application for the order under this section is made until:
 (a) if the FWC decides not to make an order under this section—the time the FWC makes that decision; or
 (b) if the FWC decides to make an order under this section—the time that order comes into force.