Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a decision to make or vary, or not to make or vary, an employee - like worker minimum standards order, other than a decision of the FWC to refuse to consider an application to make or vary such an order.
(2) Before making a decision to which this section applies, 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 order, or the order 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 order, or the order 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 order, as the case requires.
(4) The FWC:
(a) must not make or vary the employee - like worker minimum standards order unless there has been genuine engagement with the parties to be covered; and
(b) must not make or vary the employee - like worker minimum standards order unless the consultation process set out in Subdivision BA has been followed; and
(c) must have regard to choice and flexibility in working arrangements in making or varying the employee - like worker minimum standards order.