Lines, Sen Sue (The PRESIDENT)

The PRESIDENT (15:43): The question now is that the remaining amendments on sheets ZB259, ZC235 and ZC272, and the amendments on sheets ZB287, ZC237 and TD103 be agreed to. Government 's circulated amendments— SHEET ZB259 (1) Schedule 1, item 241, page 68 (after line 14), after paragraph 617(10B)(c), insert: (ca) a deferral determination made under subsection 536KQJ(1) in relation to a road transport minimum standards order; (cb) a suspension determination made under subsection 536KQP(1) in relation to a road transport minimum standards order; (cc) a determination made under subsection 536KQ(1) varying or revoking a road transport minimum standards order to give effect to a decision to vary or revoke the minimum standards order under paragraph 536KQS(2)(a) or (b); (cd) a decision made under paragraph 536KQS(2)(a), (b) or (c) as to whether or not to vary or revoke a road transport minimum standards order; (2) Schedule 1, item 245, page 69 (after line 32), after subsection 620(1E), insert: Additional requirement relating to the constitution of an Expert Panel for deferral or suspension of road transport minimum standards orders (1F) If an Expert Panel is constituted under subsection (1E) for a purpose referred to in paragraph 617(10B)(ca), (cb), (cc) or (cd) in relation to a road transport minimum standards order (which deal with deferral and suspension), a majority of the members of the Expert Panel must not be members of the Expert Panel that made the road transport minimum standards order concerned. (3) Schedule 1, item 249, page 80 (after line 5), after the paragraph beginning "Division 3" in section 536J, insert: Division 3A deals with deferral and suspension of minimum standards orders by the Minister and deferral and suspension of road transport minimum standards orders by the FWC. Division 3B deals with consultation before varying or revoking road transport minimum standards orders after deferral. Division 3C deals with consultation before varying or revoking employee-like worker minimum standards orders after deferral. (4) Schedule 1, item 249, page 111 (after line 4), after subsection 536KQ(4), insert: (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. (5) Schedule 1, item 249, page 111 (before line 5), before Division 4, insert: Division 3A — Deferral and suspension of minimum standards orders Subdivision A — Ministerial declarations to defer or suspend minimum standards orders 536KQA Minister may make a declaration deferring the operation or application of a minimum standards order (1) If the Minister considers it is in the public interest to do so, the Minister may, by notifiable instrument, make a declaration (a deferral declaration) that defers: (a) the coming into operation of a minimum standards order; or (b) the application of: (i) all of the terms of a minimum standards order to a specified class or specified classes of persons; or (ii) specified terms of a minimum standards order to a specified class or specified classes of persons; or (iii) specified terms of a minimum standards order to all persons. (2) A deferral declaration made under paragraph (1)(a) is a full deferral declaration, and a deferral declaration made under paragraph (1)(b) is a part deferral declaration,in relation to the minimum standards order to which the deferral declaration relates. (3) A deferral declaration in relation to a minimum standards order: (a) comes into operation on the day on which it is made; and (b) ceases to be in operation on the day on which the FWC decides under subsection 536KQS(2) whether or not to vary or revoke the minimum standards order. (4) Without limiting the way in which a class may be described for the purposes of subsection (1), the class may be described by reference to a particular industry or sector, or part of an industry or sector, or particular kinds of work. (5) The Secretary of the Department must publish a deferral declaration on the Department's website as soon as practicable after the deferral declaration is made. 536KQB Limitations on making a deferral declaration No deferral of minimum standards order that is in operation (1) The Minister must not make a deferral declaration in relation to a minimum standards 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 minimum standards order; and (b) must not make a full deferral declaration in relation to a particular road transport minimum standards 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 minimum standards order. Note: The FWC may make deferral determinations in relation to road transport minimum standards 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 minimum standards order. (4) If more than one part deferral declaration or part deferral determination is made in relation to the same minimum standards order as permitted by subsection (3) of this section or subsection 536KQK(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. 536KQC Operation of a minimum standards order during deferral A minimum standards order: (a) is not in operation during any period when a full deferral declaration in relation to the minimum standards order is in operation; and (b) is in operation during any period when a part deferral declaration in relation to the minimum standards order is in operation. Note: Although a minimum standards order is in operation when a part deferral declaration is in operation in relation to the order, the order as a whole will not apply to specified classes of persons, or specified terms of the order will not apply to all persons or specified classes of persons, during that period. 536KQD Minister may make a declaration suspending a minimum standards order (1) If the Minister considers it is in the public interest to do so, the Minister may, by notifiable instrument, make a declaration (a suspension declaration): (a) suspending the operation of a minimum standards order; or (b) suspending the application of: (i) all of the terms of a minimum standards order to a specified class or specified classes of persons; or (ii) specified terms of a minimum standards order to a specified class or specified classes of persons; or (iii) specified terms of a minimum standards order to all persons. (2) A suspension declaration made under paragraph (1)(a) is a full suspension declaration, and a suspension declaration made under paragraph (1)(b) is a part suspension declaration,in relation to the minimum standards order to which the suspension declaration relates. Suspension declaration must specify period of suspension (3) A suspension declaration must specify the period of the suspension, which: (a) must not be longer than 12 months; and (b) must not start before the day on which the suspension declaration is made. When period of suspension ends (4) Subject to subsection (5), a period of suspension specified in a suspension declaration ends immediately after the end of the period specified in the suspension declaration under subsection (3). (5) If a period of suspension has not already ended under subsection (3) when the FWC makes a decision under subsection 536KQS(2) as to whether to vary or revoke the minimum standards order, the period of suspension ends on whichever of the following days is applicable: (a) if the FWC decides to vary or revoke the minimum standards order—on the day that the determination made under subsection 536KQ(1) varying or revoking the minimum standards order comes into operation, which must not be later than 12 months after the day on which the suspension declaration was made; (b) if the FWC decides not to vary or revoke the minimum standards order: (i) 7 days after the day on which the decision is made; or (ii) if a 7-day period would result in the suspension lasting longer than 12 months—such shorter period as is specified in the decision, which must be a period that would result in the suspension lasting 12 months or less. Classes (6) Without limiting the way in which a class may be described for the purposes of subsection (1), the class may be described by reference to a particular industry or sector, or part of an industry or sector, or particular kinds of work. Orders (7) If the Minister makes a suspension declaration, the FWC may make any orders it considers appropriate to ensure that no person is unfairly affected by the suspension. Publication (8) The Secretary of the Department must publish a suspension declaration on the Department's website as soon as practicable after the suspension declaration is made. Accrued rights etc. (9) The making of a suspension declaration does not affect any right or liability that a person acquired, accrued or incurred before the suspension declaration is made. 536KQE Suspension declaration must be made within 12 months of certain dates Full suspension declaration timing (1) A full suspension declaration in relation to a minimum standards order must be made within 12 months of the day on which the minimum standards order came into operation. Part suspension declaration timing (2) A part suspension declaration in relation to a minimum standards order must be made within 12 months of whichever of the following days is applicable: (a) if the part suspension declaration suspends the application of all of the terms of the minimum standards order to a specified class of persons—the day on which all of the terms of the minimum standards order first applied to the specified class of persons; (b) if the part suspension declaration suspends the application of all of the terms of the minimum standards order to 2 or more specified classes of persons—the day on which all of the terms of the minimum standards order first applied to at least one of the specified classes of persons (even if all of the terms of the order did not apply to all of the specified classes on that day); (c) if the part suspension declaration suspends the application of specified terms of the minimum standards order to a specified class of persons—the day on which the specified terms first applied to the specified class of persons; (d) if the part suspension declaration suspends the application of specified terms of the minimum standards order to 2 or more specified classes of persons—the day on which the specified terms of the minimum standards order first applied to at least one of the specified classes of persons (even if the order did not apply to all of the specified classes on that day); (e) if the part suspension declaration suspends the application of specified terms of the minimum standards order to all persons—the day on which the specified terms first applied to all persons. 536KQF Operation of a minimum standards order during suspension A minimum standards order: (a) is not in operation during any period when a full suspension declaration in relation to the minimum standards order is in operation; and (b) is in operation during any period when a part suspension declaration in relation to the minimum standards order is in operation. Note: Although a minimum standards order is in operation during a period when a part suspension declaration is in operation in relation to the order, the order as a whole will not apply to specified classes of persons, or specified terms of the order will not apply to all persons or specified classes of persons, during that period. 536KQG Consultation requirements The Minister is not required to consult any person or body before making a deferral declaration or a suspension declaration. Subdivision B — FWC may defer or suspend road transport minimum standards orders 536KQH 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). 536KQJ FWC may make a determination deferring the operation or application of a road transport minimum standards order (1) The FWC may, on application under subsection 536KQH(1), make a deferral determination: (a) that defers the coming into operation of a road transport minimum standards order; or (b) that defers the application of: (i) all of the terms of a road transport minimum standards order to a specified class or specified classes of persons; or (ii) specified terms of a road transport minimum standards order to a specified class or specified classes of persons; or (iii) specified terms of a road transport minimum standards order to all persons. (2) A deferral determination made under paragraph (1)(a) is a full deferral determination, and a deferral determination made under paragraph (1)(b) is a part deferral determination,in relation to the road transport minimum standards order to which the deferral determination relates. (3) A deferral determination in relation to a road transport minimum standards order: (a) comes into operation on the day on which it is made; and (b) ceases to be in operation on the day on which the FWC decides under subsection 536KQS(2) whether or not to vary or revoke the road transport minimum standards order. (4) Without limiting the way in which a class may be described for the purposes of subsection (1), the class may be described by reference to a particular industry or sector, or part of an industry or sector. 536KQK Limitations on making a deferral determination No deferral of road transport minimum standards order that is in operation (1) The FWC must not make a deferral determination in relation to a road transport minimum standards order that has already come into operation. Only one full deferral determination is permitted etc. (2)The FWC: (a) may only make one full deferral determination in relation to a particular road transport minimum standards order; and (b) must not make a full deferral determination in relation to a particular road transport minimum standards order if a deferral declaration (whether a full deferral declaration or a part deferral declaration) has previously been made by the Minister in relation to the road transport minimum standards order. Note: The Minister may make deferral declarations in relation to minimum standards orders under Subdivision A of this Division More than one part deferral determination is permitted (3) Subject to subsection (4), the FWC may make more than one part deferral determination in relation to a particular road transport minimum standards order. (4) If more than one part deferral determination or part deferral declaration is made in relation to the same road transport minimum standards order as permitted by subsection (3) of this section or subsection 536KQB(3), a later part deferral determination must not have the effect of deferring, or purporting to defer, the application of a term to any person or class of persons: (a) to whom the term already applies when the later part deferral determination is made; or (b) in relation to whom the application of the terms has previously been deferred. 536KQL Decision on an application for a deferral determination in relation to a road transport minimum standards orders (1) If an application for a deferral determination in relation to a road transport minimum standards order is made, the FWC must: (a) consider the application as soon as practicable; and (b) consult the Road Transport Advisory Group before making a decision on the application. (2) If the road transport minimum standards order concerned comes into operation before the FWC makes a decision on the application, the FWC may treat the application as if it were an application for a suspension determination. (3) The FWC may: (a) make the deferral determination under subsection 536KQJ(1); or (b) decide not to make the deferral determination. (4) The FWC must make the deferral determination if, and must not make the deferral determination unless, the FWC is satisfied that: (a) the applicant has provided significant new facts or evidence that was not available at the time the FWC decided to make the road transport minimum standards order; and (b) the significant new facts or evidence demonstrate that the road transport minimum standards order will not provide, or has not provided, an appropriate safety net of minimum standards for parties in the road transport industry, having regard to the minimum standards objective and the road transport objective. (5) In considering whether the FWC is satisfied as mentioned in subsection (4), the FWC may have regard to whether one or more previous applications for variation or revocation of the road transport minimum standards order concerned have previously been made. (6) The FWC must publish a deferral determination on the FWC's website and by any other means the FWC considers appropriate as soon as practicable after making the determination. 536KQM Operation of a road transport minimum standards order during deferral A road transport minimum standards order: (a) is not in operation during any period when a full deferral determination in relation to the road transport minimum standards order is in operation; and (b) is in operation during any period when a part deferral determination is in operation in relation to the road transport minimum standards order. Note: Although a road transport minimum standards order is in operation during a period when a part deferral determination is in operation in relation to the order, the order as a whole will not apply to specified classes of persons, or specified terms of the order will not apply to all persons or specified classes of persons, during that period. 536KQN Applications for a suspension determination for a road transport minimum standards order (1) An application may be made to the FWC for a determination (a suspension determination) under subsection 536KQP(1) 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). Timing of application for full suspension determination (3) An application for a full suspension determination in relation to a road transport minimum standards order must be made within 12 months of the day on which the order came into operation. Timing of application for part suspension determination (4) An application for a part suspension determination must be made within 12 months of whichever of the following days is applicable: (a) if the part suspension determination will suspend the application of all of the terms of the road transport minimum standards order to a specified class—the first day on which all of the terms of the road transport minimum standards order applied to the class of person; (b) if the part suspension determination will suspend the application of all of the terms of the road transport minimum standards order to 2 or more specified classes of persons—the day on which all of the terms of the road transport minimum standards order first applied to at least one of the specified classes of persons (even if all of the terms of the order did not apply to all of the specified classes on that day); (c) if the part suspension determination will suspend the application of specified terms of the road transport minimum standards order to a specified class of persons—the first day on which the specified terms applied to the specified class of persons; (d) if the part suspension determination will suspend the application of specified terms of the road transport minimum standards order to 2 or more specified classes of persons—the day on which the specified terms of the road transport minimum standards order first applied to at least one of the specified classes of persons (even if the order did not apply to all of the specified classes on that day); (e) if the part suspension determination will suspend the application of specified terms of the road transport minimum standards order to all persons—the first day on which the specified terms applied to all persons. 536KQP FWC may make a determination suspending a road transport minimum standards order (1) The FWC may, on application under subsection 536KQN(1), make a suspension determination: (a) suspending the operation of a road transport minimum standards order; or (b) suspending: (i) the application of a road transport minimum standards order to a specified class or specified classes of persons; or (ii) the application of specified terms of a road transport minimum standards order to a specified class or specified classes of persons; or (iii) the application of specified terms of road transport minimum standards order to all persons. Note 1: A person may also apply for a variation or revocation of a road transport minimum standards order under section 536KP. Note 2: Judicial review of decisions of the FWC is available—see paragraph 39B(1A)(c) of the Judiciary Act 1903. (2) A suspension determination made under paragraph (1)(a) is a full suspension determination, and a suspension determination made under paragraph (1)(b) is a part suspension determination,in relation to the road transport minimum standards order to which the suspension determination relates. Suspension determination must specify period of suspension (3) If the FWC makes a suspension determination in relation to a road transport minimum standards order, the suspension determination must specify the period for which the order is suspended, which: (a) must not be a period of more than 12 months; and (b) must not start before the day on which the determination is made. When period of suspension ends (4) Subject to subsection (5), a period of suspension specified in a suspension determination ends immediately after the end of the period specified in the suspension determination under subsection (3). (5) If the period of suspension has not already ended under subsection (4) when the FWC makes a decision under subsection 536KQS(2) as to whether to vary or revoke the road transport minimum standards order, the period of suspension ends on whichever of the following days is applicable: (a) if the FWC decides to vary or revoke the road transport minimum standards order—on the day that the determination made under subsection 536KQ(1) varying or revoking the minimum standards order comes into operation, which must not be later than 12 months after the day on which the suspension determination was made; (b) if the FWC decides not to vary or revoke the road transport minimum standards order: (i) 7 days after the day on which the decision is made; or (ii) if a 7-day period would result in the suspension lasting longer than 12 months—such shorter period as is specified in the decision, which must be a period that would result in the suspension lasting 12 months or less. Classes (6) Without limiting the way in which a class may be described for the purposes of subsection (1), the class may be described by reference to a particular industry or sector, or part of an industry or sector. 536KQQ Decision on an application for a suspension determination in relation to a road transport minimum standards orders (1) If an application for a suspension determination in relation to a road transport minimum standards order is made, the FWC must: (a) consider the application as soon as practicable; and (b) consult the Road Transport Advisory Group before making a decision on the application. (2) The FWC may: (a) make the suspension determination under subsection 536KQP(1); or (b) decide not to make the suspension determination. (3) The FWC must make the suspension determination if, and must not make the suspension determination unless, the FWC is satisfied that: (a) the applicant has provided significant new facts or evidence that was not available at the time the FWC decided to make the road transport minimum standards order; and (b) the significant new facts or evidence demonstrate that the road transport minimum standards order will not provide, or has not provided, an appropriate safety net of minimum standards for parties in the road transport industry, having regard to the minimum standards objective and the road transport objective. (4) In considering whether the FWC is satisfied as mentioned in subsection (3), the FWC may have regard to whether one or more previous applications for variation or revocation of the minimum standards order have previously been made. (5) If the FWC makes the suspension determination, the FWC may make any orders it considers appropriate to ensure that no person is unfairly affected by the suspension. (6) The FWC must publish a suspension determination on the FWC's website and by any other means the FWC considers appropriate as soon as practicable after making the determination. (7) The making of a suspension determination does not affect any right or liability that a person acquired, accrued or incurred before the suspension determination is made. 536KQR Operation of a road transport minimum standards order during suspension A road transport minimum standards order: (a) is not in operation during any period when a full suspension determination in relation to the road transport minimum standards order is in operation; and (b) is in operation during any period when a part suspension determination is in operation in relation to the road transport minimum standards order. Note: Although a road transport minimum standards order is in operation during a period when a part deferral determination is in operation in relation to the order, the order as a whole will not apply to specified classes of persons, or specified terms of the order will not apply to all persons or specified classes of persons, during that period. Subdivision C — FWC must consider and decide whether or not to vary or revoke a deferred or suspended minimum standards order 536KQS FWC must consider whether to vary or revoke a minimum standards order that has been deferred or suspended (1) This section applies if: (a) the Minister makes a deferral declaration or a suspension declaration in relation to a minimum standards order; or (b) the FWC makes a deferral determination or a suspension determination in relation to a road transport minimum standards order. (2) The FWC must, as soon as practicable, consider whether or not to vary or revoke the minimum standards order. The FWC must: (a) vary the minimum standards order under subsection 536KQ(1); or (b) revoke the minimum standards order under subsection 536KQ(1); or (c) decide not to vary or revoke the minimum standards order. General preconditions for variation or revocation (3) The FWC: (a) must not vary or revoke the minimum standards order unless there has been genuine engagement with the parties to be covered; and (b) in the case of a road transport minimum standards order—must not vary or revoke the road transport minimum standards order unless the Road Transport Advisory Group has been consulted; and (c) in the case of a road transport minimum standards order—must have regard to the commercial realities of the road transport industry; and (d) in the case of a road transport minimum standards order—must be satisfied that the variation or revocation of the minimum standards order will not unduly affect the viability and competitiveness of owner drivers or other similar persons; and (e) in the case of an employee-like worker minimum standards order—must have regard to choice and flexibility in working arrangements. Special preconditions for variation or revocation: road transport minimum standards order (4) In addition to the matters mentioned in subsection (3), the FWC must not vary or revoke a road transport minimum standards order in relation to which a deferral declaration or a deferral determination has been made unless the FWC has followed the process set out in Division 3B of this Part in relation to the variation or revocation. Special preconditions for variation or revocation: employee-like worker minimum standards order (5) In addition to the matters mentioned in subsection (3), the FWC must not vary or revoke an employee-like worker minimum standards order in relation to which a deferral declaration or a deferral determination has been made unless the FWC has followed the process set out in Division 3C of this Part in relation to the variation or revocation. Publication requirements (6) The FWC must publish notice of the FWC's decision under subsection (2) on the FWC's website and by any other means the FWC considers appropriate. End of suspension period does not affect obligations under this section (7) The end of a period of suspension of a minimum standards order under subsection 536KQD(4) or (5) or 536KQP(4) or (5) does not affect the FWC's obligation to consider whether or not to vary or revoke the minimum standards order. Division 3B — Consultation before varying or revoking road transport minimum standards order after deferral 536KQT FWC to prepare and publish a notice relating to proposed variation or revocation of a road transport minimum standards order (1) Before deciding to vary or revoke a road transport minimum standards order in relation to which a deferral declaration or a deferral determination has been made, the FWC must: (a) publish a notice (a notice of intent) stating that the FWC proposes to vary or revoke the road transport minimum standards order; and (b) if the proposal is to vary the road transport minimum standards order—publish a draft of the road transport minimum standards order as proposed to be varied. (2) The FWC must publish the notice of intent and the draft of the road transport minimum standards order as proposed to be varied (if applicable) on the FWC's website and by any other means the FWC considers appropriate as soon as practicable after making the determination. 536KQU Affected entities to have a reasonable opportunity to make submissions and comment on a proposed variation or revocation of a road transport minimum standards order (1) The FWC must ensure that affected entities have a reasonable opportunity to make written submissions to the FWC for its consideration in relation to the proposed variation or revocation of a road transport minimum standards order in relation to which a notice of intent has been published under paragraph 536KQT(1)(a). (2) The FWC must publish submissions made to the FWC. (3) However, if a submission made by an entity includes information that is claimed by the entity to be confidential or commercially sensitive, and the FWC is satisfied that the information is confidential or commercially sensitive, the FWC: (a) may decide not to publish the information; and (b) may instead publish: (i) a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive); or (ii) if the FWC considers that it is not practicable to prepare a summary that would comply with subparagraph (i)—a statement that confidential or commercially sensitive information in the submission has not been published. (4) The publishing of material under subsections (2) and (3) must be on the FWC's website and by any other means the FWC considers appropriate. (5) A reference in this Act (other than in this section) to a submission under this section includes a reference to a summary or statement referred to in paragraph (3)(b). (6) For the purposes of subsection (1), an affected entity, in relation to a proposed variation or revocation of a road transport minimum standards order in relation to which a notice of intent has been published under paragraph 536KQT(1)(a), is: (a) a person or body likely to be affected by the proposed variation or revocation; or (b) a person or body prescribed by the regulations, or belonging to a class of persons or bodies prescribed by the regulations. (7) The FWC may, but is not required to, hold a hearing in relation to the following: (a) a draft road transport minimum standards order as proposed to be varied; (b) a proposed revocation of a road transport minimum standards order. 536KQV Finalising draft order (1) The FWC may make any changes it thinks appropriate to a draft road transport minimum standards order as proposed to be varied. (2) If changes proposed to be made under subsection (1) are significant, the FWC must: (a) decide not to vary the road transport minimum standards order based on the draft; and (b) publish a subsequent notice of intent under subsection 536KQT(1)(a) in relation to the revised draft road transport minimum standards order, and publish the revised draft; and (c) follow the process set out in section 536KQU in relation to the revised draft road transport minimum standards order (with the period of consultation under that section to be no shorter than 12 months starting when the subsequent notice of intent and the revised draft required by paragraph (b) of this subsection were published). Division 3C — Consultation process before varying or revoking employee-like worker minimum standards orders after deferral 536KQW FWC to prepare and publish a notice relating to a proposed variation or revocation of an employee-like worker minimum standards order (1) Before deciding to vary or revoke an employee-like worker minimum standards order in relation to which a deferral declaration or a deferral determination has been made, the FWC must: (a) publish a notice (a notice of intent) stating that the FWC proposes to vary or revoke the employee-like worker minimum standards order; and (b) if the proposal is to vary the employee-like worker minimum standards order—publish a draft of the proposed employee-like worker minimum standards order as proposed to be varied. (2) The FWC must publish the notice of intent and the draft of the employee-like worker minimum standards order as proposed to be varied (if applicable) on the FWC's website and by any other means the FWC considers appropriate. 536KQX Affected entities to have a reasonable opportunity to make submissions and comment on a proposed variation or revocation of an employee-like worker minimum standards order (1) The FWC must ensure that affected entities have a reasonable opportunity to make written submissions to the FWC for its consideration in relation to the proposed variation or revocation of an employee-like worker minimum standards order in relation to which a notice of intent has been published under paragraph 536KQW(1)(a), having regard to the unique nature of digital platform work. (2) The FWC must publish submissions made to the FWC. (3) However, if a submission made by an entity includes information that is claimed by the entity to be confidential or commercially sensitive, and the FWC is satisfied that the information is confidential or commercially sensitive, the FWC: (a) may decide not to publish the information; and (b) may instead publish: (i) a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive); or (ii) if the FWC considers that it is not practicable to prepare a summary that would comply with subparagraph (i)—a statement that confidential or commercially sensitive information in the submission has not been published. (4) The publishing of material under subsections (2) and (3) must be on the FWC's website and by any other means the FWC considers appropriate. (5) A reference in this Act (other than in this section) to a submission under this section includes a reference to a summary or statement referred to in paragraph (3)(b). (6) For the purposes of subsection (1), an affected entity, in relation to a proposed variation or revocation of an employee-like worker minimum standards order in relation to which a notice of intent has been published under paragraph 536KQW(1)(a), is: (a) a person or body likely to be affected by the proposed variation or revocation; or (b) a person or body prescribed by the regulations, or belonging to a class of persons or bodies prescribed by the regulations. (7) The FWC may, but is not required to, hold a hearing in relation to the following: (a) a draft employee-like worker minimum standards order as proposed to be varied; (b) a proposed revocation of an employee-like worker minimum standards order. 536KQY Finalising draft order (1) The FWC may make any changes it thinks appropriate to a draft employee-like worker minimum standards order as proposed to be varied. (2) If changes proposed to be made under subsection (1) are significant, the FWC must: (a) decide not to vary the employee-like worker minimum standards order based on the draft; and (b) publish a subsequent notice of intent under paragraph 536KQW(1)(a) in relation to the revised draft employee-like worker minimum standards order, and publish the revised draft; and (c) follow the process set out in section 536KQX in relation to the revised draft employee-like worker minimum standards order (with the period of consultation under that section to be a period that the FWC is satisfied is reasonable having regard to the unique nature of digital platform work). (7) Schedule 1, item 256A, page 151 (after line 26), after the definition of deactivated, insert: deferral declaration, in relation to a minimum standards order: see subsection 536KQA(1). deferral determination, in relation to a road transport minimum standards order: see subsection 536KQH(1). (8) Schedule 1, item 258, page 152 (before line 16), before the definition of minimum standards guidelines, insert: full deferral declaration, in relation to a minimum standards order: see subsection 536KQA(2). full deferral determination, in relation to a road transport minimum standards order: see subsection 536KQJ(2). full suspension declaration, in relation to a minimum standards order: see subsection 536KQD(2). full suspension determination, in relation to a road transport minimum standards order: see subsection 536KQP(2). (9) Schedule 1, item 258, page 152 (after line 18), after the definition of minimum standards order, insert: part deferral declaration, in relation to a minimum standards order: see subsection 536KQA(2). part deferral determination, in relation to a road transport minimum standards order:see subsection 536KQJ(2). part suspension declaration, in relation to a minimum standards order: see subsection 536KQD(2). part suspension determination, in relation to a road transport minimum standards order: see subsection 536KQP(2). (10) Schedule 1, item 258, page 153 (after line 9), after the definition of services contract, insert: suspension declaration, in relation to a minimum standards order: see subsection 536KQD(1). suspension determination, in relation to a road transport minimum standards order: see subsection 536KQN(1). _____ SHEET ZC235 (1) Clause 2, page 3 (after table item 22), insert: 22A. Schedule 1, Part 16A Immediately after the commencement of the provisions covered by table item 22. (2) Schedule 1, item 238, page 62 (lines 23 and 24), omit the paragraph beginning "Division 4" in section 40C. (3) Schedule 1, item 238, page 63 (line 17), after paragraph 40D(b), insert: ; (c) the need to avoid adverse impacts on the sustainability, performance and competitiveness of supply chains and the national economy; (d) the need for minimum standards in road transport contractual chains. (4) Schedule 1, item 238, page 63 (lines 20 to 22), omit "modern awards and road transport minimum standards orders relating to the road transport industry", substitute "modern awards relating to the road transport industry, road transport minimum standards orders and road transport contractual chain orders". (5) Schedule 1, item 238, page 63 (after line 34), after paragraph 40E(2)(b), insert: (ba) the making and varying of road transport contractual chain orders and road transport contractual chain guidelines; (7) Schedule 1, item 241, page 68 (after line 17), after paragraph 617(10B)(d), insert: (da) a road transport contractual chain order made under section 536PD or a determination made under 536PT varying or revoking a road transport contractual chain order; (db) road transport contractual chain guidelines made under section 536QP or a determination made under section 536QW varying or revoking road transport contractual chain guidelines; (dc) a deferral determination made under subsection 536QB(1) in relation to a road transport contractual chain order; (dd) a suspension determination made under subsection 536QG(1) in relation to a road transport contractual chain order; (de) a determination made under subsection 536PT(1) varying or revoking a road transport contractual chain order to give effect to a decision to vary or revoke the road transport contractual chain order under paragraph 536QK(2)(a) or (b); (df) a decision made under paragraph 536QK(2)(a), (b) or (c) as to whether or not to vary or revoke a road transport contractual chain order; (8) Schedule 1, page 70 (before line 1), before item 246, insert: 245A Before subsection 620(2) Additional requirement relating to the constitution of an Expert Panel for deferral or suspension of road transport contractual chain orders (1G) If an Expert Panel is constituted under subsection (1E) for a purpose referred to in paragraph 617(10B)(dc), (dd), (de) or (df) in relation to a road transport contractual chain order (which deal with deferral and suspension), a majority of the members of the Expert Panel must not be members of the Expert Panel that made the road transport chain order concerned. (9) Schedule 1, heading to Division 3, page 70 (line 6), at the end of the heading, add "and persons in a road transport contractual chain". (10) Schedule 1, item 248, page 70 (line 10), at the end of the heading to Division 3A, add "and persons in a road transport contractual chain". (11) Schedule 1, item 248, page 78 (after line 23), after section 15R, insert: 15RA Meanings of road transport contractual chain and in a road transport contractual chain (1) A road transport contractual chain means a chain or series of contracts or arrangements: (a) under which work is performed for a party to the first contract or arrangement in the chain or series by a regulated road transport contractor or a road transport employee-like worker under a services contract, or by an employee; and (b) in which at least one party to the first contract or arrangement in the chain or series is a constitutional corporation. (2) A person is in a road transport contractual chain if: (a) the person is a party (a primary party) to the first contract or arrangement in the road transport contractual chain; or (b) the person is a party (a secondary party) to a subsequent contract or arrangement in the road transport contractual chain, being a contract or arrangement under which work is performed for the secondary party by a regulated road transport contractor or a road transport employee-like worker under a services contract, or by an employee; or (c) the person is a regulated road transport contractor or a road transport employee-like worker who performs work under a services contract in the road transport contractual chain. (3) Despite subsection (2), an individual is not in a road transport contractual chain in relation to: (a) the delivery of a thing to the individual by a regulated road transport contractor, a road transport employee-like worker or an employee, if the delivery of the thing is solely for the individual's private or domestic purposes; or (b) the consignment of a thing by the individual for delivery by a regulated road transport contractor, a road transport employee-like worker or an employee if the consignment of the thing is solely for the individual's private or domestic purposes; or (c) work performed by the individual in the capacity of an employee; or (d) work performed by the individual in an industryprescribed by the regulations for the purposes of this subsection. (4) For the purposes of paragraph (3)(d): (a) an industry may be specified by name or by inclusion in a specified class or specified classes; and (b) an industry may be specified in respect of work in the road transport industry, or in respect of specified forms of such work. (5) For the purposes of subsection (1), work performed by a regulated road transport contractor or a road transport employee-like worker under a services contract, or by an employee, in a chain or series of contracts or arrangements: (a) is taken to be performed for the person who engaged the regulated road transport contractor, road transport employee-like worker or employee; and (b) is also taken to be performed for each party to a contract or arrangement in the chain or series of contracts or arrangements. (6) This section also has the effect that it would have if it only applied to a secondary party to the extent that rights conferred on, and obligations imposed on, the secondary party by Chapter 3B have, or are likely to have, an impact on the business of the constitutional corporation that is a primary party to the first contract or arrangement in a road transport contractual chain. (7) This section also has the effect that it would have if it only applied to a secondary party to a contract or arrangement in a road transport contractual chain that: (a) is a constitutional corporation; or (b) is a party to a contract with a constitutional corporation; or (c) is a national system employer to the extent that it engages national system employees to perform work in the road transport industry; or (d) is a regulated business; or (e) is engaged in constitutional trade or commerce; or (f) is incorporated in a Territory; or (g) is prescribed by the regulations. 15RB Meaning of a road transport employee-like worker A road transport employee-like worker means an employee-like worker who performs work in the road transport industry. (12) Schedule 1, item 249, page 149 (after line 16), after Chapter 3A, insert: Chapter 3B — Minimum standards for persons in a road transport contractual chain Part 3B-1 — Core provisions for this Chapter Division 1 — Introduction 536NL Guide to this Part This Part is about the coverage and operation of the provisions of this Chapter. Division 2 sets out when road transport contractual chain orders and road transport contractual chain guidelines cover persons in a road transport contractual chain. Division 3 specifies the rules relating to the interaction of the provisions of this Chapter with State and Territory laws. 536NM Meaning of employee and employer In this Part, employee and employer have their ordinary meanings. 536NN FWC to have regard to minimum standards objective The FWC must have regard to the minimum standards objective in performing a function or exercising a power under this Chapter. Note: The FWC must also have regard to the road transport objective as required by section 40D. Division 2 — Provisions relating to coverage and operation of road transport contractual chain orders and road transport contractual chain guidelines Subdivision A — Coverage and operation of road transport contractual chain orders and guidelines 536NP Contravening a road transport contractual chain order A personmust not contravene a term of a road transport contractual chain order. Note 1: This section is a civil remedy provision (see Part 4-1). Note 2: A person does not contravene a term of a road transport contractual chain order unless the order applies to the person: see subsection 536NQ(1). 536NQ The significance of a road transport contractual chain order applying to a person (1) A road transport contractual chain order does not impose obligations on a person, and a person does not contravene a term of a road transport contractual chain order, unless the order applies to the person. (2) A road transport contractual chain order does not give a person an entitlement unless the order applies to the person. 536NR When a road transport contractual chain order applies to a person When a road transport contractual chain order applies to a regulated road transport contractor or a road transport employee-like worker (1) A road transport contractual chain order applies to a regulated road transport contractor or a road transport employee-like worker in a road transport contractual chain if: (a) the road transport contractual chain order covers the regulated road transport contractor or road transport employee-like worker; and (b) the road transport contractual chain order is in operation; and (c) no other provision of this Act provides, or has the effect, that the road transport contractual chain order does not apply to the regulated road transport contractor or road transport employee-like worker. When a road transport contractual chain order applies to other persons in a road transport contractual chain (2) A road transport contractual chain order applies to a person in a road transport contractual chain, other than a regulated road transport contractor or a road transport employee-like worker, if: (a) the road transport contractual chain order covers the person; and (b) a regulated road transport contractor or a road transport employee-like worker to whom the road transport contractual chain order applies, or an employee, performs work for the person; and (c) the road transport contractual chain order is in operation; and (d) no other provision of this Act provides, or has the effect, that the road transport contractual chain order does not apply to the person. 536NS When a road transport contractual chain order covers a person in a road transport contractual chain (1) A road transport contractual chain order covers a person in a road transport contractual chain if the order is expressed to cover the person. Effect of other provisions of this Act, FWC orders or court orders on coverage (2) A road transport contractual chain order also covers a person in a road transport contractual chain if any of the following provides, or has the effect, that the order covers the person: (a) a provision of this Act; (b) an FWC order made under a provision of this Act; (c) an order of a court. (3) Despite subsections (1) and (2), a road transport contractual chain order does not cover a person in a road transport contractual chain if any of the following provides, or has the effect, that the order does not cover the person: (a) a provision of this Act; (b) an FWC order made under a provision of this Act; (c) an order of a court. Road transport contractual chain orders that have ceased to operate (4) Despite subsections (1) and (2), a road transport contractual chain order that has ceased to operate does not cover a person in a road transport contractual chain. 536NT When a road transport contractual chain order is in operation When a road transport contractual chain order comes into operation (1) A road transport contractual chain order comes into operation on the day specified in the order. (2) The specified day must not be earlier than the day on which the road transport contractual chain order is made. (3) The specified day must not be earlier than 12 months after the relevant notice of intent for the order was published. (4) Despite subsection (3), the specified day may be a day not earlier than 6 months after the relevant notice of intent for the order was published, if the FWC is satisfied that the circumstances urgently require it. When a determination varying or revoking a road transport contractual chain order comes into operation (5) A determination varying or revoking a road transport contractual chain order comes into operation on the day specified in the determination. (6) The specified day must not be earlier than the day on which the determination is made. Road transport contractual chain orders operate until revoked (7) A road transport contractual chain order continues in operation until it is revoked. Notice of intent (8) The relevant notice of intent for a road transport contractual chain order is the notice of intent published under subsection 536PG(1) at the same time as the draft of the road transport contractual chain order was published. 536NU When road transport contractual chain guidelines cover a person in a road transport contractual chain (1) Road transport contractual chain guidelines cover a person in a road transport contractual chain if the guidelines are expressed to cover the person. Effect of other provisions of this Act, FWC orders or court orders on coverage (2) Road transport contractual chain guidelines also cover a person in a road transport contractual chain if any of the following provides, or has the effect, that the guidelines cover the person: (a) a provision of this Act; (b) an FWC order made under a provision of this Act; (c) an order of a court. (3) Despite subsections (1) and (2), road transport contractual chain guidelines do not cover a person in a road transport contractual chain, if any of the following provides, or has the effect, that the guidelines do not cover the person: (a) a provision of this Act; (b) an FWC order made under a provision of this Act; (c) an order of a court. Road transport contractual chain guidelines that have ceased to operate (4) Despite subsections (1) and (2), road transport contractual chain guidelines that have ceased to operate do not cover a person in a road transport contractual chain. 536NV When road transport contractual chain guidelines are in operation When road transport contractual chain guidelines come into operation (1) Road transport contractual chain guidelines come into operation on the day specified in the guidelines. (2) The specified day must not be earlier than the day on which the road transport contractual chain guidelines are made. When a determination varying or revoking road transport contractual chain guidelines comes into operation (3) A determination varying or revoking road transport contractual chain guidelines comes into operation on the day specified in the determination. (4) The specified day must not be earlier than the day on which the determination is made. Road transport contractual chain guidelines operate until revoked (5) Road transport contractual chain guidelines continue in operation until they are revoked. Division 3 — Exclusion of certain State and Territory laws 536NW Exclusion of certain State and Territory laws (1) For the purposes of this Chapter, the rights, entitlements, obligations and liabilities of a person in a road transport contractual chain are not affected by a law of a State or Territory to the extent that the law would otherwise do one or more of the following: (a) take or deem the person to be an employer or employee, or otherwise treat the person as if the person were an employer or employee, for the purposes of a law that relates to one or more workplace relations matters (or provide a means for the person to be so taken, deemed or treated); (b) confer or impose rights, entitlements, obligations or liabilities on the person in relation to matters that, in an employment relationship, would be workplace relations matters (or provide a means for rights, entitlements, obligations or liabilities in relation to such matters to be conferred or imposed on the person); (c) without limiting paragraphs (a) and (b)—expressly provide for a court, commission or tribunal to do any of the following in relation to a services contract on an unfairness ground: (i) make an order or determination (however described) setting aside, or declaring to be void or otherwise unenforceable, all or part of the services contract; (ii) make an order or determination (however described) amending or varying all or part of the services contract. Note 1: For the meaning of workplace relations matter, see section 536NX. Note 2: For the meaning of unfairness ground, see section 536NY. (2) The rights, entitlements, obligations and liabilities of a person in a road transport contractual chain are not affected by a law of a State or Territory that is specified in regulations made for the purposes of this subsection, to the extent that the law is so specified. (3) Subsection (1) does not apply in relation to: (a) a law of a State or Territory, to the extent that the law deals with matters relating to outworkers (including entry of a representative of a trade union to premises for a purpose connected with outworkers), other than matters mentioned in paragraph (1)(c); or (b) any of the following laws: (i) Chapter 6 of the Industrial Relations Act 1996 (NSW) (and any other provision of that Act to the extent that it relates to, or has effect for the purposes of, a provision of Chapter 6); (ii) the Owner Drivers and Forestry Contractors Act 2005 (Vic.); or (c) a law of a State or Territory that is specified in regulations made for the purposes of this paragraph, to the extent that the law is so specified. (4) To avoid doubt, subsection (2) has effect even if a law specified in regulations made for the purposes of that subsection: (a) is a law referred to in paragraph (3)(a) or (b); or (b) deals with matters that, because of section 536NX, are not workplace relations matters. References to State and Territory law (5) Without limiting any other provision of this Act, a reference in this section to a law of a State or Territory: (a) includes a reference to a regulation, rule or other instrument (however described) made pursuant to, or for the purposes of, a law of a State or Territory; and (b) is a reference to a law of a State or Territory as in force from time to time. 536NX What are workplace relations matters For the purposes of this Chapter, workplace relations matter has the same meaning as in section 536JQ. 536NY What is an unfairness ground For the purposes of this Chapter, an unfairness ground in relation to a services contract has the same meaning as in section 536JR. 536NZ Interaction of road transport contractual chain orders with State and Territory laws (1) A road transport contractual chain order prevails over a law of a State or Territory, to the extent of any inconsistency. (2) Despite subsection (1), a term of a road transport contractual chain order applies subject to the following: (a) a law of a State or Territory specified in regulations made for the purposes of this paragraph, to the extent that the law is so specified; (b) a law of a State or Territory that provides for rights or remedies by reference to a law described in paragraph (a). References to State and Territory law (3) Without limiting any other provision of this Act, a reference in this section to a law of a State or Territory: (a) includes a reference to a regulation, rule or other instrument (however described) made pursuant to, or for the purposes of, a law of a State or Territory; and (b) is a reference to a law of a State or Territory as in force from time to time. 536P Authorisation of conduct for the purposes of the Competition and Consumer Act 2010 Conduct in accordance with order or guidelines (1) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, and the Competition Code within the meaning of that Act, anything done in accordance with a road transport contractual chain order or road transport contractual chain guidelines by a person or entity covered by the order or guidelines is specified in and specifically authorised by this Act. Certain conduct not protected (2) Despite subsection (1), conduct referred to in that subsection is not specified in or specifically authorised by this Act if the conduct is: (a) making a contract or arrangement, or arriving at an understanding, that is or contains a cartel provision that satisfies the purpose condition in either paragraph 45AD(3)(a) or (b) of the Competition and Consumer Act 2010 or the Competition Code within the meaning of that Act; or (b) boycott conduct within the meaning of subsection 87AA(2) of the Competition and Consumer Act 2010 or the Competition Code within the meaning of that Act. Part 3B-2 — Minimum standards for persons in a road transport contractual chain Division 1¬¬ — Introduction 536PB Guide to this Part This Part is about setting minimum standards for persons in a road transport contractual chain. Division 2 empowers the FWC to make road transport contractual chain orders, which set minimum standards to which certain regulated road transport contractors, road transport employee-like workers and other persons in a road transport contractual chain are entitled in relation to certain matters. Divisions 3 and 4 deal with deferral and suspension of road transport contractual chain orders. Division 5 empowers the FWC to make road transport contractual chain guidelines for persons in a road transport contractual chain. 536PC Meaning of employee and employer In this Part, employee and employer have their ordinary meanings. Division 2 — Road transport contractual chain orders Subdivision A — General matters 536PD Road transport contractual chain orders (1) The FWC may make an order (a road transport contractual chain order) that sets standards for regulated road transport contractors, road transport employee-like workers and other persons in a road transport contractual chain. Note: The FWC must be constituted by an Expert Panel for the purposes of making a road transport contractual chain order (see subsection 617(10B)). (2) A road transport contractual chain order cannot confer rights or impose obligations on a person in the capacity of an employee. (3) The FWC may make a road transport contractual chain order under this section: (a) on its own initiative; or (b) on application under subsection 536PE(1). (4) The FWC must not make a road transport contractual chain order that covers road transport employee-like workers unless the FWC considers it appropriate. 536PE Applications for road transport contractual chain orders (1) Any of the following may apply to the FWC for the making of a road transport contractual chain order: (a) an organisation that is entitled to represent the industrial interests of one or more persons in a road transport contractual chain; (b) a regulated business in a road transport contractual chain; (c) a person who is a primary party to the first contract or arrangement in a road transport contractual chain; (d) the Minister; (e) 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). Matters to be specified in an application (2) An application for the making of a road transport contractual chain order must specify the classes of persons in a road transport contractual chain to be covered by the order. (3) Without limiting the way in which a class may be described for the purposes of subsection (2), the class may be described by reference to a particular industry or sector, or part of an industry or sector, or particular kinds of work. Subdivision B — Matters relating to road transport contractual chain orders 536PF Particular matters FWC must take into account in making a decision on a road transport contractual chain order (1) This section applies if: (a) an application is made for a road transport contractual chain order under subsection 536PE(1) or for a variation of a road transport contractual chain order under section 536PS; or (b) the FWC is considering making or varying a road transport contractual chain order on its own initiative. (2) The FWC: (a) must not make or vary the road transport contractual chain order unless there has been genuine engagement with the parties to be covered; and (b) must not make or vary the road transport contractual chain order unless the Road Transport Advisory Group has been consulted; and (c) must not make or vary the road transport contractual chain order unless the consultation process set out in Subdivision C of this Division has been followed; and (d) in deciding whether to make or vary the road transport contractual chain order, must have regard to the commercial realities of the road transport industry, including commercial practices in relation to part load, mixed load, no load, multi-leg and return trips; and (e) must not make or vary the road transport contractual chain order unless the FWC is satisfied that making or varying the road transport contractual chain order will not unduly affect the viability and competitiveness of road transport businesses, owner drivers or other similar persons; and (f) in deciding whether to make or vary the road transport contractual chain order, must take into account any current or proposed road transport contractual chain orders and any current or proposed minimum standards orders; and (g) must take reasonable steps to ensure that the coverage of the road transport contractual chain order is clear. Subdivision C — Consultation process for road transport contractual chain orders 536PG FWC to prepare and publish a draft of a road transport contractual chain order (1) Before making a road transport contractual chain order, the FWC must: (a) publish a notice (a notice of intent) stating that the FWC proposes to make a road transport contractual chain order; and (b) publish a draft of the proposed road transport contractual chain order. (2) The FWC must publish the notice of intent and the draft of the road transport contractual chain order on the FWC's website and by any other means the FWC considers appropriate. 536PH Affected entities to have a reasonable opportunity to make submissions on a draft road transport contractual chain order (1) The FWC must ensure that affected entities have a reasonable opportunity to make written submissions to the FWC for its consideration in relation to the draft of a road transport contractual chain order published under paragraph 536PG(1)(b). (2) The FWC must publish submissions made to the FWC. (3) However, if a submission made by an entity includes information that is claimed by the entity to be confidential or commercially sensitive, and the FWC is satisfied that the information is confidential or commercially sensitive, the FWC: (a) may decide not to publish the information; and (b) may instead publish: (i) a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive); or (ii) if the FWC considers that it is not practicable to prepare a summary that would comply with subparagraph (i)—a statement that confidential or commercially sensitive information in the submission has not been published. (4) The publishing of material under subsections (2) and (3) must be on the FWC's website and by any other means the FWC considers appropriate. (5) A reference in this Act (other than in this section) to a submission under this section includes a reference to a summary or statement referred to in paragraph (3)(b). (6) For the purposes of subsection (1), an affected entity, in relation to a draft road transport contractual chain order published under paragraph 536PG(1)(b), is: (a) a person or body likely to be affected by the making of a road transport contractual chain order based on the draft; or (b) a person or body prescribed by the regulations, or included in a class prescribed by the regulations. (7) The FWC may, but is not required to, hold a hearing in relation to a draft road transport contractual chain order. 536PJ Finalising draft order (1) The FWC may make any changes it thinks appropriate to a draft road transport contractual chain order. (2) If changes made under subsection (1) are significant, the FWC must: (a) decide not to make the road transport contractual chain order based on the draft; and (b) publish a subsequent notice of intent under paragraph 536PG(1)(a) in relation to the revised draft road transport contractual chain order, and publish the revised draft; and (c) follow the process set out in section 536PH in relation to the revised draft road transport contractual chain order (with the period of consultation under that section to be no shorter than 12 months starting when the subsequent notice of intent and the revised draft required by paragraph (b) of this subsection were published). (3) Despite paragraph (2)(c), the FWC may reduce the consultation period mentioned in that paragraph to a period not shorter than 6 months if the FWC is satisfied that the circumstances urgently require it. 536PK Decision not to make order based on the draft The FWC may decide that no road transport contractual chain order is to be made based on the draft. If the FWC does so, the FWC must publish notice of the decision on its website and by any other means the FWC considers appropriate. Subdivision D — Decisions on road transport contractual chain orders and related matters 536PL Decisions on applications for road transport contractual chain orders (1) If an application for a road transport contractual chain order is made to the FWC under subsection 536PE(1), the FWC may decide to: (a) refuse to consider the application; or (b) make a road transport contractual chain order under subsection 536PD(1); or (c) not make a road transport contractual chain order; or (d) if the FWC considers it appropriate to do so, instead make road transport contractual chain guidelines under section 536QP, as if the application had been an application under subsection 536QQ(1) for road transport contractual chain guidelines in relation to the persons in a road transport contractual chain covered by the application under subsection 536PE(1). (2) Without limiting subsection (1), the FWC may refuse to consider the application if it is not consistent with a direction of the President under subsection 582(4D) (prioritisation). 536PM Terms that must be included in a road transport contractual chain order Terms relating to coverage (1) A road transport contractual chain order must include terms setting out in accordance with this section: (a) the work in the road transport industry covered by the road transport contractual chain order; and (b) the persons in a road transport contractual chain covered by the road transport contractual chain order. (2) A road transport contractual chain order must be expressed to cover persons in a road transport contractual chain, including specified regulated road transport contractors or road transport employee-like workers. (3) For the purposes of subsection (2): (a) persons in a road transport contractual chain other than regulated road transport contractors or road transport employee-like workers may be specified by name or by inclusion in a specified class or specified classes; and (b) regulated road transport contractors and road transport employee-like workers must be specified by inclusion in a specified class or specified classes. (4) Without limiting the way in which a class may be described for the purposes of subsection (3), the class may be described by reference to a particular industry or sector, or part of an industry or sector, or particular kinds of work. 536PN Road transport contractual chain order must include term about interaction with minimum standards orders A road transport contractual chain order must include a provision that specifies the extent to which it prevails over, or is subject to, a minimum standards order to the extent of any inconsistency, and the road transport contractual chain order and the minimum standards order have effect according to the provision included in the road transport contractual chain order. 536PP Term about settling disputes must be included in a road transport contractual chain order A road transport contractual chain order must include a term that provides a procedure for settling disputes about any matters arising under the order. 536PQ Terms that may be included in a road transport contractual chain order (1) A road transport contractual chain order may also include terms about any of the following matters: (a) payment times; (b) fuel levies; (c) rate reviews; (d) termination, including one way termination for convenience; (e) cost recovery. (2) Subsection (1) does not limit the terms that may be included in a road transport contractual chain order. 536PR Terms that must not be included in a road transport contractual chain order (1) A road transport contractual chain order must not include terms about any of the following matters: (a) overtime rates; (b) rostering arrangements; (c) a term that would change the form of the engagement or the status of a regulated road transport contractor or a road transport employee-like worker covered by the road transport contractual chain order including, but not limited to, a term that deems a regulated road transport contractor or a road transport employee-like worker to be an employee; (d) a matter relating to work health and safety that is otherwise comprehensively dealt with by a law of the Commonwealth, a State or a Territory; (e) a matter prescribed by the regulations, or included in a class of matter prescribed by the regulations. (2) A road transport contractual chain order must not include terms about any of the following matters: (a) a matter relating to road transport that is otherwise comprehensively dealt with: (i) by the Heavy Vehicle National Law as set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Qld); or (ii) by another law of the Commonwealth, a State or a Territory; (b) a matter prescribed by the regulations, or included in a class of matter prescribed by the regulations. (3) For the purposes of paragraph (1)(d): (a) the regulations may specify that a particular matter, or a matter included in a class of matters, is, or is not, dealt with comprehensively by a law of the Commonwealth, a State or a Territory; and (b) the regulations may prescribe one or more laws of the Commonwealth, a State or a Territory to which that paragraph does, or does not, not apply. (4) For the purposes of paragraph (2)(b): (a) the regulations may specify that a particular matter, or a matter included in a class of matters, is, or is not, dealt with comprehensively by the Heavy Vehicle National Law as set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Qld) or another law of the Commonwealth, a State or a Territory; and (b) the regulations may prescribe one or more laws of the Commonwealth, a State or a Territory to which subparagraph (2)(a)(ii) does, or does not, not apply. 536PS Applications to vary or revoke road transport contractual chain orders Any of the following may apply to the FWC for a determination varying or revoking a road transport contractual chain order: (a) an organisation that is entitled to represent the industrial interests of one or more of the persons in the road transport contractual chain to which the order relates or to whom the order as proposed to be varied would relate; (b) a regulated business in the road transport contractual chain to which the order relates or to which the order as proposed to be varied would relate; (c) a person who is a primary party to the first contract or arrangement in the road transport contractual chain to which the order relates; (d) the Minister; (e) a person or body prescribed by the regulations. 536PT FWC may vary or revoke road transport contractual chain orders (1) The FWC may make a determination varying or revoking a road transport contractual chain order if the FWC is satisfied that making the determination is consistent with the minimum standards objective and the road transport objective. (2) The FWC may make a determination varying a road transport contractual chain order in such a way that not all of the elements of the variation sought in an application under section 536PS 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 road transport contractors or road transport employee-like workers. (3) The FWC may make a determination varying a road transport contractual chain order to remove an ambiguity or uncertainty or to correct an error. (4) The FWC may make a determination varying or revoking a road transport contractual chain order: (a) on its own initiative; or (b) on application under section 536PS. (5) The FWC must not vary or revoke a road transport contractual chain order that covers road transport employee-like workers, or in such a way that it would begin to cover or cease to cover road transport employee-like workers, unless the FWC considers it appropriate. (6) The FWC may also make a determination under subsection (1) varying or revoking a road transport contractual chain order to give effect to a decision under paragraph 536QK(2)(a) or (b) to vary or revoke the road transport contractual chain order. Note: Subsection 536QK(2) requires the FWC to consider whether to vary or revoke a road transport contractual chain order after a deferral declaration, a deferral determination, a suspension declaration or a suspension determination is made in relation to the order. (7) A road transport contractual chain order that is not in operation can only be revoked or varied under the process set out in Divisions 3 and 4. Division 3 — Deferral and suspension of road transport contractual chain orders Subdivision A — Ministerial declarations to defer or suspend road transport contractual chain orders 536PU Minister may make a declaration deferring the operation or application of a road transport contractual chain order (1) If the Minister considers it is in the public interest to do so, the Minister may, by notifiable instrument, make a declaration (a deferral declaration) that defers: (a) the coming into operation of a road transport contractual chain order; or (b) the application of: (i) all of the terms of a road transport contractual chain order to a specified class or specified classes of persons; or (ii) specified terms of a road transport contractual chain order to a specified class or specified classes of persons; or (iii) specified terms of a road transport contractual chain order to all persons. (2) A deferral declaration made under paragraph (1)(a) is a full deferral declaration, and a deferral declaration made under paragraph (1)(b) is a part deferral declaration,in relation to the road transport contractual chain order to which the deferral declaration relates. (3) A deferral declaration in relation to a road transport contractual chain order: (a) comes into operation on the day on which it is made; and (b) ceases to be in operation on the day on which the FWC decides under subsection 536QK(2) whether or not to vary or revoke the road transport contractual chain order. (4) Without limiting the way in which a class may be described for the purposes of subsection (1), the class may be described by reference to a particular industry or sector, or part of an industry or sector, or particular kinds of work. (5) The Secretary of the Department must publish a deferral declaration on the Department's website as soon as practicable after the deferral declaration is made. 536PV Limitations on making a deferral declaration 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. 536PW Operation of a road transport contractual chain order during deferral A road transport contractual chain order: (a) is not in operation during any period when a full deferral declaration in relation to the road transport contractual chain order is in operation; and (b) is in operation during any period when a part deferral declaration in relation to the road transport contractual chain order is in operation. Note: Although a road transport contractual chain order is in operation when a part deferral declaration is in operation in relation to the order, the order as a whole will not apply to specified classes of persons, or specified terms of the order will not apply to all persons or specified classes of persons, during that period. 536PX Minister may make a declaration suspending a road transport contractual chain order (1) If the Minister considers it is in the public interest to do so, the Minister may, by notifiable instrument, make a declaration (a suspension declaration): (a) suspending the operation of a road transport contractual chain order; or (b) suspending the application of: (i) all of the terms of a road transport contractual chain order to a specified class or specified classes of persons; or (ii) specified terms of a road transport contractual chain order to a specified class or specified classes of persons; or (iii) specified terms of a road transport contractual chain order to all persons. (2) A suspension declaration made under paragraph (1)(a) is a full suspension declaration, and a suspension declaration made under paragraph (1)(b) is a part suspension declaration,in relation to the road transport contractual chain order to which the suspension declaration relates. Suspension declaration must specify period of suspension (3) A suspension declaration must specify the period of the suspension, which: (a) must not be longer than 12 months; and (b) must not start before the day on which the suspension declaration is made. When period of suspension ends (4) Subject to subsection (5), a period of suspension specified in a suspension declaration ends immediately after the end of the period specified in the suspension declaration under subsection (3). (5) If a period of suspension has not already ended under subsection (3) when the FWC makes a decision under subsection 536QK(2) as to whether to vary or revoke the road transport contractual chain order, the period of suspension ends on whichever of the following days is applicable: (a) if the FWC decides to vary or revoke the road transport contractual chain order—on the day that the determination made under subsection 536PT(1) varying or revoking the road transport contractual chain order comes into operation, which must not be later than 12 months after the day on which the suspension declaration was made; (b) if the FWC decides not to vary or revoke the road transport contractual chain order: (i) 7 days after the day on which the decision is made; or (ii) if a 7-day period would result in the suspension lasting longer than 12 months—such shorter period as is specified in the decision, which must be a period that would result in the suspension lasting 12 months or less. Classes (6) Without limiting the way in which a class may be described for the purposes of subsection (1), the class may be described by reference to a particular industry or sector, or part of an industry or sector, or particular kinds of work. Orders (7) If the Minister makes a suspension declaration, the FWC may make any orders it considers appropriate to ensure that no person is unfairly affected by the suspension. Publication (8) The Secretary of the Department must publish a suspension declaration on the Department's website as soon as practicable after the suspension declaration is made. Accrued rights, etc. (9) The making of a suspension declaration does not affect any right or liability that a person acquired, accrued or incurred before the suspension declaration is made. 536PY Suspension declaration must be made within 12 months of certain dates Full suspension declaration timing (1) A full suspension declaration in relation to a road transport contractual chain order must be made within 12 months of the day on which the road transport contractual chain order came into operation. Part suspension declaration timing (2) A part suspension declaration in relation to a road transport contractual chain order must be made within 12 months of whichever of the following days is applicable: (a) if the part suspension declaration suspends the application of all of the terms of the road transport contractual chain order to a specified class of persons—the day on which all of the terms of the road transport contractual chain order first applied to the specified class of persons; (b) if the part suspension declaration suspends the application of all of the terms of the road transport contractual chain order to 2 or more specified classes of persons—the day on which all of the terms of the road transport contractual chain order first applied to at least one of the specified classes of persons (even if all of the terms of the order did not apply to all of the specified classes on that day); (c) if the part suspension declaration suspends the application of specified terms of the road transport contractual chain order to a specified class of persons—the day on which the specified terms first applied to the specified class of persons; (d) if the part suspension declaration suspends the application of specified terms of the road transport contractual chain order to 2 or more specified classes of persons—the day on which the specified terms of the road transport contractual chain order first applied to at least one of the specified classes of persons (even if the order did not apply to all of the specified classes on that day); (e) if the part suspension declaration suspends the application of specified terms of the road transport contractual chain order to all persons—the day on which the specified terms first applied to all persons. 536PZ Operation of a road transport contractual chain order during suspension A road transport contractual chain order: (a) is not in operation during any period when a full suspension declaration in relation to the road transport contractual chain order is in operation; and (b) is in operation during any period when a part suspension declaration in relation to the road transport contractual chain order is in operation. Note: Although a road transport contractual chain order is in operation during a period when a part suspension declaration is in operation in relation to the order, the order as a whole will not apply to specified classes of persons, or specified terms of the order will not apply to all persons or specified classes of persons, during that period. 536Q Consultation requirements The Minister is not required to consult any person or body before making a deferral declaration or a suspension declaration. Subdivision B — FWC may defer or suspend road transport contractual chain orders 536QA Applications for a deferral determination for a road transport contractual chain order (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). 536QB FWC may make a determination deferring the operation or application of a road transport contractual chain order (1) The FWC may, on application under subsection 536QA(1), make a deferral determination: (a) that defers the coming into operation of a road transport contractual chain order; or (b) that defers the application of: (i) all of the terms of a road transport contractual chain order to a specified class or specified classes of persons; or (ii) specified terms of a road transport contractual chain order to a specified class or specified classes of persons; or (iii) specified terms of a road transport contractual chain order to all persons. (2) A deferral determination made under paragraph (1)(a) is a full deferral determination, and a deferral determination made under paragraph (1)(b) is a part deferral determination,in relation to the road transport contractual chain order to which the deferral determination relates. (3) A deferral determination in relation to a road transport contractual chain order: (a) comes into operation on the day on which it is made; and (b) ceases to be in operation on the day on which the FWC decides under subsection 536QK(2) whether or not to vary or revoke the road transport contractual chain order. (4) Without limiting the way in which a class may be described for the purposes of subsection (1), the class may be described by reference to a particular industry or sector, or part of an industry or sector. 536QC Limitations on making a deferral determination No deferral of road transport contractual chain order that is in operation (1) The FWC must not make a deferral determination in relation to a road transport contractual chain order that has already come into operation. Only one full deferral determination is permitted, etc. (2)The FWC: (a) may only make one full deferral determination in relation to a particular road transport contractual chain order; and (b) must not make a full deferral determination in relation to a particular road transport contractual chain order if a deferral declaration (whether a full deferral declaration or a part deferral declaration) has previously been made by the Minister in relation to the road transport contractual chain order. Note: The Minister may make deferral declarations in relation to road transport contractual chain orders under Subdivision A of this Division. More than one part deferral determination is permitted (3) Subject to subsection (4), the FWC may make more than one part deferral determination in relation to a particular road transport contractual chain order. (4) If more than one part deferral determination or part deferral declaration is made in relation to the same road transport contractual chain order as permitted by subsection (3) of this section or subsection 536PV(3), a later part deferral determination must not have the effect of deferring, or purporting to defer, the application of a term to any person or class of persons: (a) to whom the term already applies when the later part deferral determination is made; or (b) in relation to whom the application of the terms has previously been deferred. 536QD Decision on an application for a deferral determination in relation to a road transport contractual chain order (1) If an application for a deferral determination in relation to a road transport contractual chain order is made, the FWC must: (a) consider the application as soon as practicable; and (b) consult the Road Transport Advisory Group before making a decision on the application. (2) If the road transport contractual chain order concerned comes into operation before the FWC makes a decision on the application, the FWC may treat the application as if it were an application for a suspension determination. (3) The FWC may: (a) make the deferral determination under subsection 536QB(1); or (b) decide not to make the deferral determination. (4) The FWC must make the deferral determination if, and must not make the deferral determination unless, the FWC is satisfied that: (a) the applicant has provided significant new facts or evidence that was not available at the time the FWC decided to make the road transport contractual chain order; and (b) the significant new facts or evidence demonstrate that the road transport contractual chain order will not provide, or has not provided, an appropriate safety net of road transport contractual chain for parties in the road transport industry, having regard to the road transport contractual chain objective and the road transport objective. (5) In considering whether the FWC is satisfied as mentioned in subsection (4), the FWC may have regard to whether one or more previous applications for variation or revocation of the road transport contractual chain order concerned have previously been made. (6) The FWC must publish a deferral determination on the FWC's website and by any other means the FWC considers appropriate as soon as practicable after making the determination. 536QE Operation of a road transport contractual chain order during deferral A road transport contractual chain order: (a) is not in operation during any period when a full deferral determination in relation to the road transport contractual chain order is in operation; and (b) is in operation during any period when a part deferral determination is in operation in relation to the road transport contractual chain order. Note: Although a road transport contractual chain order is in operation during a period when a part deferral determination is in operation in relation to the order, the order as a whole will not apply to specified classes of persons, or specified terms of the order will not apply to all persons or specified classes of persons, during that period. 536QF Applications for a suspension determination for a road transport contractual chain order (1) An application may be made to the FWC for a determination (a suspension determination) under subsection 536QG(1) 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). Timing of application for full suspension determination (3) An application for a full suspension determination in relation to a road transport contractual chain order must be made within 12 months of the day on which the order came into operation. Timing of application for part suspension determination (4) An application for a part suspension determination must be made within 12 months of whichever of the following days is applicable: (a) if the part suspension determination will suspend the application of all of the terms of the road transport contractual chain order to a specified class—the first day on which all of the terms of the road transport contractual chain order applied to the class of person; (b) if the part suspension determination will suspend the application of all of the terms of the road transport contractual chain order to 2 or more specified classes of persons—the day on which all of the terms of the road transport contractual chain order first applied to at least one of the specified classes of persons (even if all of the terms of the order did not apply to all of the specified classes on that day); (c) if the part suspension determination will suspend the application of specified terms of the road transport contractual chain order to a specified class of persons—the first day on which the specified terms applied to the specified class of persons; (d) if the part suspension determination will suspend the application of specified terms of the road transport contractual chain order to 2 or more specified classes of persons—the day on which the specified terms of the road transport contractual chain order first applied to at least one of the specified classes of persons (even if the order did not apply to all of the specified classes on that day); (e) if the part suspension determination will suspend the application of specified terms of the road transport contractual chain order to all persons—the first day on which the specified terms applied to all persons. 536QG FWC may make a determination suspending a road transport contractual chain order (1) The FWC may, on application under subsection 536QF(1), make a suspension determination: (a) suspending the operation of a road transport contractual chain order; or (b) suspending: (i) the application of a road transport contractual chain order to a specified class or specified classes of persons; or (ii) the application of specified terms of a road transport contractual chain order to a specified class or specified classes of persons; or (iii) the application of specified terms of road transport contractual chain order to all persons. Note 1: A person may also apply under section 536PS for a variation or revocation of a road transport contractual chain order. Note 2: Judicial review of decisions of the FWC is available: see paragraph 39B(1A)(c) of the Judiciary Act 1903. (2) A suspension determination made under paragraph (1)(a) is a full suspension determination, and a suspension determination made under paragraph (1)(b) is a part suspension determination,in relation to the road transport contractual chain order to which the suspension determination relates. Suspension determination must specify period of suspension (3) If the FWC makes a suspension determination in relation to a road transport contractual chain order, the suspension determination must specify the period for which the order is suspended, which: (a) must not be a period of more than 12 months; and (b) must not start before the day on which the determination is made. When period of suspension ends (4) Subject to subsection (5), a period of suspension specified in a suspension determination ends immediately after the end of the period specified in the suspension determination under subsection (3). (5) If the period of suspension has not already ended under subsection (4) when the FWC makes a decision under subsection 536QK(2) as to whether to vary or revoke the road transport contractual chain order, the period of suspension ends on whichever of the following days is applicable: (a) if the FWC decides to vary or revoke the road transport contractual chain order—on the day that the determination made under subsection 536PT(1) varying or revoking the road transport contractual chain order comes into operation, which must not be later than 12 months after the day on which the suspension determination was made; (b) if the FWC decides not to vary or revoke the road transport contractual chain order: (i) 7 days after the day on which the decision is made; or (ii) if a 7-day period would result in the suspension lasting longer than 12 months—such shorter period as is specified in the decision, which must be a period that would result in the suspension lasting 12 months or less. Classes (6) Without limiting the way in which a class may be described for the purposes of subsection (1), the class may be described by reference to a particular industry or sector, or part of an industry or sector. 536QH Decision on an application for a suspension determination in relation to a road transport contractual chain order (1) If an application for a suspension determination in relation to a road transport contractual chain order is made, the FWC must: (a) consider the application as soon as practicable; and (b) consult the Road Transport Advisory Group before making a decision on the application. (2) The FWC may: (a) make the suspension determination under subsection 536QG(1); or (b) decide not to make the suspension determination. (3) The FWC must make the suspension determination if, and must not make the suspension determination unless, the FWC is satisfied that: (a) the applicant has provided significant new facts or evidence that was not available at the time the FWC decided to make the road transport contractual chain order; and (b) the significant new facts or evidence demonstrate that the road transport contractual chain order will not provide, or has not provided, an appropriate safety net of road transport contractual chain for parties in the road transport industry, having regard to the road transport contractual chain objective and the road transport objective. (4) In considering whether the FWC is satisfied as mentioned in subsection (3), the FWC may have regard to whether one or more previous applications for variation or revocation of the road transport contractual chain order have previously been made. (5) If the FWC makes the suspension determination, the FWC may make any orders it considers appropriate to ensure that no person is unfairly affected by the suspension. (6) The FWC must publish a suspension determination on the FWC's website and by any other means the FWC considers appropriate as soon as practicable after making the determination. (7) The making of a suspension determination does not affect any right or liability that a person acquired, accrued or incurred before the suspension determination is made. 536QJ Operation of a road transport contractual chain order during suspension A road transport contractual chain order: (a) is not in operation during any period when a full suspension determination in relation to the road transport contractual chain order is in operation; and (b) is in operation during any period when a part suspension determination is in operation in relation to the road transport contractual chain order. Note: Although a road transport contractual chain order is in operation during a period when a part deferral determination is in operation in relation to the order, the order as a whole will not apply to specified classes of persons, or specified terms of the order will not apply to all persons or specified classes of persons, during that period. Subdivision C — FWC must consider and decide whether to vary or revoke a deferred or suspended road transport contractual chain order 536QK FWC must consider whether to vary or revoke a road transport contractual chain order that has been deferred or suspended (1) This section applies if: (a) the Minister makes a deferral declaration or a suspension declaration in relation to a road transport contractual chain order; or (b) the FWC makes a deferral determination or a suspension determination in relation to a road transport contractual chain order. (2) The FWC must, as soon as practicable, consider whether or not to vary or revoke the road transport contractual chain order. The FWC must: (a) vary the road transport contractual chain order under subsection 536PT(1); or (b) revoke the road transport contractual chain order under subsection 536PT(1); or (c) decide not to vary or revoke the road transport contractual chain order. General preconditions for variation or revocation (3) The FWC: (a) must not vary or revoke the road transport contractual chain order unless there has been genuine engagement with the parties to be covered; and (b) in the case of a road transport contractual chain order—must not vary or revoke the road transport contractual chain order unless the Road Transport Advisory Group has been consulted; and (c) in the case of a road transport contractual chain order—must have regard to the commercial realities of the road transport industry; and (d) in the case of a road transport contractual chain order—must be satisfied that the variation or revocation of the road transport contractual chain order will not unduly affect the viability and competitiveness of owner drivers or other similar persons; and (e) in the case of a road transport contractual chain order that covers road transport employee-like workers—must have regard to choice and flexibility in working arrangements. Special preconditions for variation or revocation: road transport contractual chain order (4) In addition to the matters mentioned in subsection (3), the FWC must not vary or revoke a road transport contractual chain order in relation to which a deferral declaration or a deferral determination has been made unless the FWC has followed the process set out in Division 4 of this Part in relation to the variation or revocation. Publication requirements (5) The FWC must publish notice of the FWC's decision under subsection (2) on the FWC's website and by any other means the FWC considers appropriate. End of suspension period does not affect obligations under this section (6) The end of a period of suspension of a road transport contractual chain order under subsection 536PX(4) or 536QG(4) does not affect the FWC's obligation to consider whether or not to vary or revoke the road transport contractual chain order. Division 4 — Consultation before varying or revoking road transport contractual chain order after a deferral declaration or deferral determination 536QL FWC to prepare and publish a notice relating to proposed variation or revocation of a road transport contractual chain order (1) Before deciding to vary or revoke a road transport contractual chain order in relation to which a deferral declaration or a deferral determination has been made, the FWC must: (a) publish a notice (a notice of intent) stating that the FWC proposes to vary or revoke the road transport contractual chain order; and (b) if the proposal is to vary the road transport contractual chain order—publish a draft of the road transport contractual chain order as proposed to be varied. (2) The FWC must publish the notice of intent and the draft of the road transport contractual chain order as proposed to be varied (if applicable) on the FWC's website and by any other means the FWC considers appropriate as soon as practicable after making the determination. 536QM Affected entities to have a reasonable opportunity to make submissions and comment on a proposed variation or revocation of a road transport contractual chain order (1) The FWC must ensure that affected entities have a reasonable opportunity to make written submissions to the FWC for its consideration in relation to the proposed variation or revocation of a road transport contractual chain order in relation to which a notice of intent has been published under paragraph 536QL(1)(a). (2) The FWC must publish submissions made to the FWC. (3) However, if a submission made by an entity includes information that is claimed by the entity to be confidential or commercially sensitive, and the FWC is satisfied that the information is confidential or commercially sensitive, the FWC: (a) may decide not to publish the information; and (b) may instead publish: (i) a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive); or (ii) if the FWC considers that it is not practicable to prepare a summary that would comply with subparagraph (i)—a statement that confidential or commercially sensitive information in the submission has not been published. (4) The publishing of material under subsections (2) and (3) must be on the FWC's website and by any other means the FWC considers appropriate. (5) A reference in this Act (other than in this section) to a submission under this section includes a reference to a summary or statement referred to in paragraph (3)(b). (6) For the purposes of subsection (1), an affected entity, in relation to a proposed variation or revocation of a road transport contractual chain order in relation to which a notice of intent has been published under paragraph 536QL(1)(a), is: (a) a person or body likely to be affected by the proposed variation or revocation; or (b) a person or body prescribed by the regulations, or belonging to a class of persons or bodies prescribed by the regulations. (7) The FWC may, but is not required to, hold a hearing in relation to the following: (a) a draft road transport contractual chain order as proposed to be varied; (b) a proposed revocation of a road transport contractual chain order. 536QN Finalising draft order (1) The FWC may make any changes it thinks appropriate to a draft road transport contractual chain order as proposed to be varied. (2) If changes proposed to be made under subsection (1) are significant, the FWC must: (a) decide not to vary the road transport contractual chain order based on the draft; and (b) publish a subsequent notice of intent under paragraph 536QL(1)(a) in relation to the revised draft road transport contractual chain order, and publish the revised draft; and (c) follow the process set out in section 536QM in relation to the revised draft road transport contractual chain order (with the period of consultation under that section to be no shorter than 12 months starting when the subsequent notice of intent and the revised draft required by paragraph (b) of this subsection were published). Division 5 — Road transport contractual chain guidelines 536QP Road transport contractual chain guidelines (1) The FWC may make guidelines under this section (road transport contractual chain guidelines) that set standards for regulated road transport contractors, road transport employee-like workers and other persons in a road transport contractual chain. (2) The FWC may make road transport contractual chain guidelines under this section: (a) on its own initiative; or (b) on application under section 536QQ. 536QQ Applications for road transport contractual chain guidelines (1) Any of the following may apply to the FWC for the making of road transport contractual chain guidelines: (a) an organisation that is entitled to represent the industrial interests of one or more of the persons that would be covered by the proposed road transport contractual chain guidelines; (b) a regulated business that would be covered by the proposed road transport contractual chain guidelines; (c) a person who is a primary party to the first contract or arrangement in a road transport contractual chain that would be covered by the proposed road transport contractual chain guidelines; (d) the Minister; (e) a person or body prescribed by the regulations. Matters to be specified in an application (2) An application for the making of road transport contractual chain guidelines must specify the class of persons in a road transport contractual chain to be covered by the guidelines. (3) Without limiting the way in which a class may be described for the purposes of subsection (2), the class may be described by reference to a particular industry or sector, or part of an industry or sector, or particular kinds of work. 536QR Decisions on applications for road transport contractual chain guidelines (1) If an application for road transport contractual chain guidelines is made to the FWC under subsection 536QQ(1), the FWC may decide to: (a) refuse to consider the application; or (b) make road transport contractual chain guidelines under subsection 536QP(1); or (c) not make road transport contractual chain guidelines; or (d) if the FWC considers it appropriate to do so, instead make a road transport contractual chain order under subsection 536PD(1), as if the application had been an application under subsection 536PE(1) for a road transport contractual chain order in relation to the persons covered by the application under subsection 536QQ(1). (2) Without limiting subsection (1), the FWC may refuse to consider the application if it is not consistent with a direction of the President under subsection 582(4D) (prioritisation). 536QS Road transport contractual chain guidelines not to be made if a road transport contractual chain order is in operation The FWC must not make road transport contractual chain guidelines that cover the same persons in a road transport contractual chain in relation to the same matters as a road transport contractual chain order that is in operation. 536QT Terms that must be included in road transport contractual chain guidelines Road transport contractual chain guidelines must include terms setting out the same matters in relation to road transport contractual chain orders as set out in section 536PM. 536QU Terms that may be included in road transport contractual chain guidelines Road transport contractual chain guidelines may include terms about any of the matters that may be included in road transport contractual chain orders under section 536PQ. 536QV Terms that must not be included in road transport contractual chain guidelines Road transport contractual chain guidelines must not include terms about any of the matters that must not be included in road transport contractual chain orders as set out in section 536PR. 536QW FWC may vary or revoke road transport contractual chain guidelines (1) The FWC may make a determination varying or revoking road transport contractual chain guidelines if the FWC is satisfied that making the determination is consistent with the road transport objective and the minimum standards objective. (2) The FWC may make a determination varying road transport contractual chain guidelines in such a way that not all of the elements of the variation sought in an application under section 536QX are implemented, including by refusing to make a variation to the extent that it would result in the guidelines covering persons who are not in a road transport contractual chain. (3) The FWC may make a determination varying road transport contractual chain guidelines to remove an ambiguity or uncertainty or to correct an error. (4) The FWC may make a determination varying or revoking road transport contractual chain guidelines: (a) on its own initiative; or (b) on application under section 536QX. (5) If the FWC makes a road transport contractual chain order that covers the same persons in a road transport contractual chain in relation to the same matters as road transport contractual chain guidelines, the FWC must revoke the road transport contractual chain guidelines with effect on and from the day on which the road transport contractual chain order comes into operation. (6) If the FWC makes a road transport contractual chain order that covers some or all of the same persons in a road transport contractual chain in relation to some or all of the same matters as road transport contractual chain guidelines, the FWC must vary the road transport contractual chain guidelines so that the guidelines do not cover the persons or matters covered by the order, with effect on and from the day on which the order comes into operation. 536QX Applications to vary or revoke road transport contractual chain guidelines Any of the following may apply to the FWC for a determination varying or revoking road transport contractual chain guidelines: (a) an organisation that is entitled to represent the industrial interests of one or more of the persons covered by the road transport contractual chain guidelines, or that would be covered by the road transport contractual chain guidelines as proposed to be varied; (b) a regulated business covered by the road transport contractual chain guidelines, or that would be covered by the road transport contractual chain guidelines as proposed to be varied; (c) a person who is a primary party to the first contract or arrangement in a road transport contractual chain covered by the road transport contractual chain guidelines, or that would be covered by the road transport contractual chain guidelines as proposed to be varied; (d) the Minister; (e) a person or body prescribed by the regulations. (13) Schedule 1, item 250, page 149 (after line 23), after paragraph 3(ca), insert: (caa) ensuring a safety net of fair and relevant minimum terms and conditions for persons in a road transport contractual chain through enforceable road transport contractual chain orders and through road transport contractual chain guidelines; and (14) Schedule 1, item 251, page 150 (after line 2), after paragraph 4(1)(bb), insert: (bc) provides for minimum terms and conditions for persons in a road transport contractual chain (Chapter 3B); and (15) Schedule 1, item 253, page 150 (after line 30), after section 6A, insert: 6B Rights and responsibilities of persons in a road transport contractual chain (1) Chapter 3B sets out rights and responsibilities of persons in a road transport contractual chain. (2) Part 3B-1 has the core provisions for the Chapter. It deals with compliance with road transport contractual chain orders made under the Chapter and interaction issues. (3) Part 3B-2 is about road transport contractual chain orders and road transport contractual chain guidelines, which can be made for certain persons in a road transport contractual chain. (16) Schedule 1, item 254, page 151 (after line 6), after paragraph (bb) of the definition of applies, insert: (bc) in relation to a road transport contractual chain order: see section 536NR; and (17) Schedule 1, item 256, page 151 (after line 23), after paragraph (cc) of the definition of covers, insert: (cd) in relation to a road transport contractual chain order: see section 536NS; and (ce) in relation to road transport contractual chain guidelines: see section 536NU; and (18) Schedule 1, item 257, page 152 (lines 11 and 12), omit "but not including minimum standards guidelines" substitute "or a road transport contractual chain order, but not including minimum standards guidelines or road transport contractual chain guidelines". (19) Schedule 1, item 259, page 153 (line 22), omit "contractors.", substitute "contractors; or". (20) Schedule 1, item 259, page 153 (after line 22), after subparagraph (b)(iii) of the definition of workplace instrument in section 12, insert: (iv) persons in a road transport contractual chain. (21) Schedule 1, item 272, page 159 (after table item 29AE), insert: Part 3B-2 — Minimum standards for persons in a road transport contractual chain 29AF 536NP (a) a person (the first person) covered by the relevant road transport contractual chain order; (b) an organisation entitled to represent the interests of the first person; (c) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 60 penalty units (22) Schedule 1, item 273, page 160 (after line 14), after subsection 540(7B), insert: Persons in a road transport contractual chain (7C) A person in a road transport contractual chain may apply for an order under this Division, in relation to a contravention or proposed contravention of a civil remedy provision, only if: (a) the person is affected by the contravention, or will be affected by the proposed contravention; and (b) the person is a party to a contract with another person covered by the relevant road transport contractual chain order, being a person who is alleged to have committed the contravention. (23) Schedule 1, item 274, page 160 (after line 22), after paragraph 557(2)(od), insert: (oe) section 536NP (which deals with contraventions of road transport contractual chain orders); (24) Schedule 1, item 275, page 160 (after line 29), after paragraph 576(1)(md), insert: (me) minimum standards for persons in a road transport contractual chain (Part 3B-2); (25) Schedule 1, item 276, page 160 (line 33), omit "Chapter 3A.", substitute "Chapter 3A; and". (26) Schedule 1, item 276, page 160 (after line 33), after paragraph 581(c), insert: (d) adequately serves the needs of persons covered by Chapter 3B. (27) Schedule 1, item 281, page 161 (lines 23 and 24), omit "or minimum standards guidelines", substitute ", minimum standards guidelines, road transport contractual chain orders or road transport contractual chain guidelines". (28) Schedule 1, item 282, page 161 (line 28), after "536KZ(3)", insert "respectively, and corrects road transport contractual chain orders and road transport contractual chain guidelines under subsections 536PT(3) and 536QW(3) respectively". (29) Schedule 1, item 283, page 162 (after line 4), after paragraph 603(3)(gb), insert: (gc) a decision under Part 3B-2 (which deals with road transport contractual chain orders); (30) Schedule 1, item 294, page 163 (lines 17 and 18), omit paragraph 675(2)(m), substitute: (m) a road transport contractual chain order. (31) Schedule 1, item 295, page 163 (line 20), after "businesses,", insert "persons in a road transport contractual chain,". (32) Schedule 1, item 297, page 163 (lines 25 to 28), omit subsection 682(3), substitute: (3) The Fair Work Ombudsman has the functions of: (a) providing education, assistance and advice to regulated workers, regulated businesses and organisations, and persons in a road transport contractual chain, in relation to minimum standards guidelines and road transport contractual chain guidelines; and (b) producing best practice guides in relation to minimum standards guidelines and road transport contractual chain guidelines. (33) Schedule 1, item 298, page 164 (line 4), after "order", insert "or a road transport contractual chain order". (34) Schedule 1, item 299, page 164 (after line 10), after paragraph 716(1)(fb), insert: (fc) a term of a road transport contractual chain order; (35) Schedule 1, item 300, page 165 (lines 9 and 10), omit "and regulated workers and regulated businesses", substitute ", regulated workers and regulated businesses, and persons in a road transport contractual chain". (36) Schedule 1, item 301, page 165 (line 12), after "3A", insert "or 3B". (37) Schedule 1, item 302, page 165 (after line 18), after paragraph 738(bb), insert: (bc) a road transport contractual chain order includes a term that provides a procedure for dealing with disputes; or (41) Schedule 1, page 166 (after line 14), after Part 16, insert: Part 16A — Consequential signpost definitions relating to road transport contractual chains Fair Work Act 2009 306A Section 12 Insert: deferral declaration, in relation to a road transport contractual chain order: see subsection 536PU(1). deferral determination, in relation to a road transport contractual chain order: see subsection 536QA(1). full deferral declaration, in relation to a road transport contractual chain order: see subsection 536PU(2). full deferral determination, in relation to a road transport contractual chain order: see subsection 536QB(2). full suspension declaration, in relation to a road transport contractual chain order: see subsection 536PX(2). full suspension determination, in relation to a road transport contractual chain order: see subsection 536QG(2). in a road transport contractual chain: see section 15RA. part deferral declaration, in relation to a road transport contractual chain order: see subsection 536PU(2). part deferral determination, in relation to a road transport contractual chain order:see subsection 536QB(2). part suspension declaration, in relation to a road transport contractual chain order: see subsection 536PX(2). part suspension determination, in relation to a road transport contractual chain order: see subsection 536QG(2). primary party: see subsection 15RA(2). road transport contractual chain: see section 15RA. road transport contractual chain guidelines: see section 536QP. road transport contractual chain order: see section 536PD. road transport employee-like worker: see section 15RB. secondary party: see subsection 15RA(2). suspension declaration, in relation to a road transport contractual chain order: see subsection 536PX(1). suspension determination, in relation to a road transport contractual chain order: see subsection 536QF(1). _____ SHEET ZC272 (1) Schedule 1, item 249, page 80 (line 6), omit "Division 4 specifies rules about certain retrospective variations.". (2) Schedule 1, item 249, page 84 (lines 2 to 5), omit all the words from and including "made, unless" to and including "earlier day", substitute "made". _____ SHEET ZB287 (1) Clause 2, page 2 (table item 9), omit the table item, substitute: 9. Schedule 1, Part 7, Division 2 A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (2) Clause 2, page 3 (table item 21), omit the table item, substitute: 21. Schedule 1, Part 15 A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (3) Clause 2, page 3 (table item 22), omit the table item, substitute: 22. Schedule 1, Part 16 A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. _____ SHEET ZC237 (1) Schedule 1, item 241, page 68 (line 12), omit "paragraph 536JY(1)(a)", substitute "paragraph 536JY(1)(b)". (2) Schedule 1, item 241, page 68 (line 28), after "or modern award", insert "or prescribed instrument". (3) Schedule 1, item 248, page 74 (lines 29 to 31), omit paragraph 15L(1)(b), substitute: (b) any of the following processes payments referable to the work performed by the independent contractors: (i) the operator of the application, website or system; (ii) an associated entity of the operator; (iii) a person contracted, whether directly or through one or more interposed entities, by the operator or an associated entity of the operator to process the payments. (4) Schedule 1, item 249, page 83 (line 26), omit "24 months", substitute "12 months". (5) Schedule 1, item 249, page 83 (after line 27), after subsection 536JF(3), insert: (3A) Despite subsection (3), the specified day may be a day not earlier than 6 months after the relevant notice of intent for the order was published, if the FWC is satisfied that there are circumstances that urgently require specifying such a day. (6) Schedule 1, item 249, page 89 (after line 6), at the end of section 536JN, add: References to State and Territory laws (5) Without limiting any other provision of this Act, a reference in this section to a law of a State or Territory: (a) includes a reference to a regulation, rule or other instrument (however described) made pursuant to, or for the purposes of, a law of a State or Territory; and (b) is a reference to a law of a State or Territory as in force from time to time. (7) Schedule 1, item 249, page 89 (lines 14 to 20), omit "or regulated worker" (wherever occurring), substitute ", regulated worker or party". (8) Schedule 1, item 249, page 89 (line 23), omit "regulated business or regulated worker", substitute "the regulated business, regulated worker or party". (9) Schedule 1, item 249, page 89 (line 28), omit "or regulated worker", substitute ", regulated worker or party". (10) Schedule 1, item 249, page 90 (after line 23), at the end of subsection 536JP(3), add: Note: For interaction of these laws with minimum standards orders, see section 536JS. (11) Schedule 1, item 249, page 90 (after line 28), at the end of section 536JP, add: (5) Without limiting any other provision of this Act, a reference in this section to a law of a State or Territory: (a) includes a reference to a regulation, rule or other instrument (however described) made pursuant to, or for the purposes of, a law of a State or Territory; and (b) is a reference to a law of a State or Territory as in force from time to time. (12) Schedule 1, item 249, page 92 (after line 33), after subsection 536JS(1), insert: (1A) It is the intent of the Parliament that, for an employee-like worker or digital labour platform operator to whom an employee-like worker minimum standards order applies in relation to a services contract, this Chapter applies to the exclusion of the laws described in subsection 536JP(3) to the extent that those laws would otherwise affect the rights, entitlements, obligations and liabilities of the employee-like worker or digital labour platform operator in relation to the services contract. (13) Schedule 1, item 249, page 93 (line 1), omit "subsection (1)", substitute "subsections (1) and (1A)". (14) Schedule 1, item 249, page 93 (line 3), omit "prescribed by the regulations", substitute "specified in regulations made for the purposes of this paragraph, to the extent that the law is so specified". (15) Schedule 1, item 249, page 93 (lines 5 and 6), omit "prescribed for the purposes of paragraph (a);", substitute "described in paragraph (a).". (16) Schedule 1, item 249, page 93 (lines 7 to 9), omit paragraph 536JS(2)(c). (17) Schedule 1, item 249, page 93 (after line 9), at the end of section 536JS, add: (3) Without limiting any other provision of this Act, a reference in this section to a law of a State or Territory: (a) includes a reference to a regulation, rule or other instrument (however described) made pursuant to, or for the purposes of, a law of a State or Territory; and (b) is a reference to a law of a State or Territory as in force from time to time. (18) Schedule 1, item 249, page 93 (line 17), after "order", insert ", guidelines". (19) Schedule 1, item 249, page 94 (line 13), at the end of subsection 536JT(4), add: ; or (c) done in accordance with a term of a collective agreement, to the extent that the term has no effect because of subsection 536MX(1) or (2) of this Act (about matters in respect of which a collective agreement may not be made, or that are primarily of a commercial nature). (20) Schedule 1, item 249, page 98 (line 27) to page 99 (line 4), omit subsections 536K(1) and (2), substitute: (1) This section applies to a decision to make or vary, or not to make or vary, an employee-like worker minimum standards order, other than a decision of the FWC to refuse to consider an application to make or vary such an order. (2) Before making a decision to which this section applies, the FWC must consider whether, on the whole, the persons included (or purportedly included) in the class of employee-like workers to be covered by the order, or the order as proposed to be varied, are employee-like workers. (21) Schedule 1, item 249, page 99 (line 5), after "included", insert "(or purportedly included)". (22) Schedule 1, item 249, page 102 (line 13), after "make", insert "or vary". (23) Schedule 1, item 249, page 102 (line 16), after "make", insert "or vary". (24) Schedule 1, item 249, page 102 (line 19), after "make", insert "or vary". (25) Schedule 1, item 249, page 102 (line 24), after "making", insert "or varying". (26) Schedule 1, item 249, page 103 (line 12), omit "persons", substitute "entities". (27) Schedule 1, item 249, page 103 (line 17), omit "a person or body", substitute "an entity". (28) Schedule 1, item 249, page 103 (line 18), omit "person or body", substitute "entity". (29) Schedule 1, item 249, page 104 (lines 4 to 8), omit subsection 536KC(6), substitute: (6) For the purposes of subsection (1), an affected entity, in relation to a draft road transport minimum standards order published under paragraph 536KB(1)(b) is: (a) a person or body likely to be affected by the making of a road transport minimum standards order based on the draft; or (b) a person or body prescribed by the regulations, or belonging to a class of persons or bodies prescribed by the regulations. (30) Schedule 1, item 249, page 112 (lines 11 to 16), omit subsection 536KT(1), substitute: (1) This section applies to a decision to make or vary, or not to make or vary, employee-like worker guidelines, other than a decision of the FWC to refuse to consider an application to make or vary such guidelines. (31) Schedule 1, item 249, page 119 (line 17), after "services contract", insert ", or a series of services contracts,". (32) Schedule 1, item 249, page 119 (line 18), omit "12", substitute "6". (33) Schedule 1, item 249, page 122 (after line 8), after subsection 536LJ(2), insert: (2A) Before the Minister makes a code under subsection (1), the Minister must be satisfied that there has been such public consultation in relation to the development of the code as the Minister considers appropriate. (2B) The Minister may, by legislative instrument, vary or revoke the Digital Labour Platform Deactivation Code. (2C) Before the Minister varies or revokes the Digital Labour Platform Deactivation Code under subsection (2B), the Minister must be satisfied that there has been such public consultation in relation to the variation or revocation as the Minister considers appropriate. (2D) Subsection (2C) does not apply in relation to a variation if the Minister considers the variation is minor or technical. (34) Schedule 1, item 249, page 124 (line 19), omit "digital platform", substitute "digital labour platform". (35) Schedule 1, item 249, page 139 (line 4), omit ", with the consent of the other entity,". (36) Schedule 1, item 249, page 139 (lines 6 and 7), omit subsection 536MP(2), substitute: (2) If an application is made under subsection (1), the FWC must deal with the dispute (other than by arbitration). Note: For the purposes of this section, the FWC may deal with the dispute as it considers appropriate, including by mediation, conciliation, making a recommendation or expressing an opinion (see subsection 595(2)). (3) The FWC may dismiss an application under subsection (1) if the FWC is satisfied that there are no reasonable prospects of the negotiating entities for the proposed collective agreement making a collective agreement. Note: For another power of the FWC to dismiss an application, see section 587. (37) Schedule 1, item 249, page 141 (line 4), omit "subsection (2)", substitute "subsections (2), (3) and (3A)". (38) Schedule 1, item 249, page 141 (after line 19), after subsection 536MS(3), insert: (3A) The FWC must be satisfied that the operation of the agreement would not be contrary to the public interest, taking into account the object of this Part set out in section 536MJ. (39) Schedule 1, item 249, page 142 (line 32), omit "section 536MT", substitute "section 536MT and subsection (1A) of this section". (40) Schedule 1, item 249, page 142 (after line 33), after subsection 536MU(1), insert: (1A) The FWC must be satisfied that variation of the agreement would not be contrary to the public interest, taking into account the object of this Part set out in section 536MJ. (41) Schedule 1, item 256A, page 151 (line 29), omit "subsection 536LJ(1)", substitute "section 536LJ". (42) Schedule 1, item 277, page 161 (after line 5), after paragraph 582(4)(ac), insert: (ad) a direction about the exercise of powers under Part 3B-2 (which deals with road transport contractual chains); (43) Schedule 1, item 279, page 161 (lines 13 and 14), omit "Part 3A-2 including, but not limited to, prioritising", substitute "Parts 3A-2 and 3B-2 including, but not limited to, prioritising types of orders under those Parts and". (44) Schedule 1, item 288, page 162 (line 14), omit "After subsection 616(4)", substitute "Before subsection 616(5)". (45) Schedule 1, item 288, page 162 (line 17), omit "(4A)" (first occurring), substitute "(4B)". (46) Schedule 1, item 299A, page 164 (before line 13), before Subdivision E, insert: Subdivision DA — Actions relating to unfair deactivation or unfair termination 734BA Limitation on applications for remedy for unfair deactivation — other proceedings in progress (1) An application under Division 5 of Part 3A-3 (unfair deactivation or unfair termination of regulated workers) in relation to deactivation of a person from a digital labour platform must not be made if other deactivation proceedings have been commenced in relation to the person and the digital labour platform, unless the other deactivation proceedings: (a) have been discontinued by the person who commenced them; or (b) have failed for want of jurisdiction. (2) If an application under Division 5 of Part 3A-3 has been made in relation to deactivation of a person (the relevant worker) from a digital labour platform, a person must not commence other deactivation proceedings in relation to the relevant worker and the digital labour platform unless: (a) the application has been discontinued by the person who made it; or (b) the proceedings in relation to the application have failed for want of jurisdiction. (3) In this section: other deactivation proceedings means proceedings (if any) specified in regulations made for the purposes of this definition. 734BB Limitation on applications for remedy for unfair termination — other proceedings in progress (1) An application under Division 5 of Part 3A-3 (unfair deactivation or unfair termination of regulated workers) in relation to termination of a services contract must not be made if other termination proceedings have been commenced in relation to the services contract, unless the other termination proceedings: (a) have been discontinued by the person who commenced them; or (b) have failed for want of jurisdiction. (2) A person must not commence other termination proceedings in relation to a services contract if an application under Division 5 of Part 3A-3 has been made in relation to termination of the services contract unless: (a) the application has been discontinued by the person who made it; or (b) the proceedings in relation to the application have failed for want of jurisdiction. (3) In this section: other termination proceedings means proceedings (if any) specified in regulations made for the purposes of this definition. (47) Schedule 1, item 308, page 181 (line 27), omit "12 months", substitute "6 months". (48) Schedule 1, item 308, page 182 (lines 3 and 4), omit "the commencement of this item", substitute "commencement". (49) Schedule 1, item 308, page 182 (lines 11 and 12), omit "of this item". _____ SHEET TD103 (1) Schedule 1, item 6, page 11 (line 13), omit "Note", substitute "Note 1". (2) Schedule 1, item 6, page 11 (after line 14), at the end of subsection 66AAC(4), add: Note 2: In relation to paragraph (4)(c), see (for example) the APS Employment Principle at paragraph 10A(1)(c) of the Public Service Act 1999 (which deals with decisions based on merit) and any directions made under subsection 11A(2) of that Act in relation to that principle.