Section 536K — Fair Work Act 2009: Particular matters FWC must take into account in making a decision on an employee-like worker minimum standards order

(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. (3) If the FWC is not satisfied that, on the whole, the persons included (or purportedly included) in the class of employee-like workers to be covered by the minimum standards order, or the order as proposed to be varied, are employee-like workers, the FWC must decide to refuse to consider the application, or not to make or vary the order, as the case requires. (4) The FWC: (a) must not make or vary the employee-like worker minimum standards order unless there has been genuine engagement with the parties to be covered; and (b) must not make or vary the employee-like worker minimum standards order unless the consultation process set out in Subdivision BA has been followed; and (c) must have regard to choice and flexibility in working arrangements in making or varying the employee-like worker minimum standards order.