Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 536PY

Suspension declaration must be made within 12 months of certain dates

Full suspension declaration timing

  (1)   A full suspension declaration in relation to a road transport contractual chain order must be made within 12 months of the day on which the road transport contractual chain order came into operation.

Part suspension declaration timing

  (2)   A part suspension declaration in relation to a road transport contractual chain order must be made within 12 months of whichever of the following days is applicable:

  (a)   if the part suspension declaration suspends the application of all of the terms of the road transport contractual chain order to a specified class of persons--the day on which all of the terms of the road transport contractual chain order first applied to the specified class of persons;

  (b)   if the part suspension declaration suspends the application of all of the terms of the road transport contractual chain order to 2 or more specified classes of persons--the day on which all of the terms of the road transport contractual chain order first applied to at least one of the specified classes of persons (even if all of the terms of the order did not apply to all of the specified classes on that day);

  (c)   if the part suspension declaration suspends the application of specified terms of the road transport contractual chain order to a specified class of persons--the day on which the specified terms first applied to the specified class of persons;

  (d)   if the part suspension declaration suspends the application of specified terms of the road transport contractual chain order to 2 or more specified classes of persons--the day on which the specified terms of the road transport contractual chain order first applied to at least one of the specified classes of persons (even if the order did not apply to all of the specified classes on that day);

  (e)   if the part suspension declaration suspends the application of specified terms of the road transport contractual chain order to all persons--the day on which the specified terms first applied to all persons.


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