Section 536PEA — Fair Work Act 2009: Emergency applications

When an application is an emergency application (1) An application for the making of a road transport contractual chain order, or an application for a determination varying or revoking a road transport contractual chain order, is an emergency application if the Minister makes a determination under subsection (3) that the application is an emergency application. (2) The application ceases to be an emergency application when the earlier of the following occurs: (a) the road transport contractual chain order comes into operation, or is varied or revoked, as a result of the application; (b) the period of 6 months starting on the day the Minister makes the determination ends. Ministerial determination (3) The Minister may determine, by notifiable instrument, that an application referred to in subsection (1) is an emergency application if, having regard to the matters in section 40D (the road transport objective), the Minister is satisfied that: (a) an event or circumstance, or series of events or circumstances, has occurred or is occurring; and (b) the event or circumstance, or series of events or circumstances, is currently having, or is likely to imminently have, a significant national negative impact on the road transport industry; and (c) it is in the public interest to make the determination.