Section 536KT — Fair Work Act 2009: Initial matter to be considered for employee-like worker minimum standards guidelines

(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. (2) Before making a decision under section 536KU, 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 minimum standards guidelines, or the guidelines 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 guidelines, or the guidelines 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 guidelines, as the case requires.