Section 536KA — Fair Work Act 2009: Particular matters FWC must take into account in making a decision on a road transport minimum standards order

(1) This section applies if: (a) an application is made for a road transport minimum standards order under subsection 536JZ(1) or for a variation of a road transport minimum standards order under section 536KP; or (b) the FWC is considering making or varying a minimum standards order on its own initiative. (2) The FWC: (a) must not make or vary the road transport minimum standards order unless there has been genuine engagement with the parties to be covered; and (b) must not make or vary the road transport minimum standards order unless the Road Transport Advisory Group has been consulted; and (c) must not make or vary the road transport minimum standards order unless the consultation process set out in Subdivision D has been followed; and (d) must have regard to the commercial realities of the road transport industry; and (e) must be satisfied that making or varying the road transport minimum standards order will not unduly affect the viability and competitiveness of owner drivers or other similar persons.