Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.