Section 536KQH — Fair Work Act 2009: 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).