Section 536KQ — Fair Work Act 2009: FWC may vary or revoke minimum standards orders if consistent with the minimum standards objective

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