Introduction
Apply to create, vary, revoke or defer regulated worker minimum standards. You must meet certain requirements to be eligible to apply.
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Content
Who can apply for an order or guidelines
Employee-like and road-transport minimum standards
To apply for employee like or road transport minimum standards you must be:
- a registered organisation that can represent regulated workers or regulated businesses that would be covered.
- a regulated business (a digital labour platform operator or road transport business) that would be covered.
- the Minister for Employment and Workplace Relations.
Road transport contractual chain orders and guidelines
To apply for road transport contractual chain orders and guidelines you must be:
- a registered organisation that is entitled to represent the industrial interests of one or more persons in a road transport contractual chain.
- a regulated business in a road transport contractual chain.
- a person who is a primary party to the first contract or arrangement in a road transport contractual chain.
- the Minister for Employment and Workplace Relations
- a person or body prescribed by the regulations.
Who can apply to vary or revoke an order or guidelines
Minimum standards orders
To apply to vary or revoke an employee like or road transport minimum standards order you must be:
- a registered organisation that can represent regulated workers or regulated businesses that would be covered.
- a regulated business (a digital labour platform operator or road transport business) that would be covered.
- a national or State council or federation that represents a significant number of registered organisations or other bodies that represent regulated workers or regulated businesses
- the Minister for Employment and Workplace Relations.
Minimum standards guidelines
To apply to vary or revoke employee like or road transport minimum standards guidelines you must be:
- a registered organisation that can represent regulated workers or regulated businesses that would be covered.
- a regulated business (a digital labour platform operator or road transport business) that would be covered.
- the Minister for Employment and Workplace Relations.
Road transport contractual chain orders and guidelines
To apply to vary or revoke road transport contractual chain orders and guidelines you must be:
- a registered organisation that is entitled to represent the industrial interests of one or more persons in a road transport contractual chain.
- a regulated business in a road transport contractual chain.
- a person who is a primary party to the first contract or arrangement in a road transport contractual chain.
- the Minister for Employment and Workplace Relations
- a person or body prescribed by the regulations.
Who can apply for deferral of an order
Road transport minimum standards order
- To apply to defer a road transport minimum standards order that is not yet in operation you must be:
- A registered organisation that can represent regulated workers or regulated businesses covered.
- A road transport business covered.
Road transport contractual chain order
To apply to defer a road transport contractual chain order that is not yet in operation you must be:
- a registered organisation that is entitled to represent the industrial interests of one or more persons in the road transport contractual chain
- a regulated business in the road transport contractual chain
- a person who is a primary party to the first contract or arrangement in the road transport contractual chain.
Deferral declarations
The Minister for Employment and Workplace Relations may also make a deferral declaration in relation to an order that has not come into effect. This declaration pauses the order (or part of the order) while we consider whether or not to vary or revoke it.
Who can apply for suspension of an order
Road transport minimum standards order
- To apply to suspend a road transport minimum standards order within the first 12 months it operates you must be:
- A registered organisation that can represent regulated workers or regulated businesses covered.
- A road transport business covered.
Road transport contractual chain order
To apply to suspend a road transport contractual chain order within the first 12 months it operates you must be:
- a registered organisation that is entitled to represent the industrial interests of one or more persons in the road transport contractual chain
- a regulated business in the road transport contractual chain
- a person who is a primary party to the first contract or arrangement in the road transport contractual chain.
Suspension declarations
The Minister for Employment and Workplace Relations may also make a suspension declaration in relation to an order. This declaration suspends the operation of the order (or part of the order) while we consider whether or not to vary or revoke it.
Apply for minimum standards
Email your documents to lodge@fwc.gov.au. You can also send or deliver your documents to the Commission office near you.
- Apply to make a minimum standards order (Form F87A)
- Apply to make minimum standards guidelines (Form F87C)
- Apply to make road transport contractual chain orders (Form F87E)
- Apply to make road transport contractual chain guidelines (Form F87G)
You may also need: Application for directions on procedure (Form F48).
What happens once a case has been started
The graphic below summarises how we will deal with applications for minimum standards orders and road transport contractual chain orders.
We are required to genuinely consult before making an order or guidelines. See How we consult about regulated worker minimum standards.