Can I get a full deferral if the minister already made one?

Jurisdiction: Australia • Practice Area: Employment Law• Published October 22, 2026

The situation

I own a small logistics company in New South Wales and operate a fleet of five heavy trucks under a specific road transport order that commenced on the 1st of January. I applied for a full deferral in February to help manage my cash flow during the transition, but the Fair Work Commission recently rejected my request. They stated that a deferral declaration had already been made by the Minister in relation to the same order, which apparently prevents them from making a new determination. I am now unsure if this means I am completely barred from any deferral relief, or if I am eligible for a partial deferral now that my initial request was denied. I have already reviewed the Commission’s previous correspondence but the legal terminology is confusing. Can the Minister’s prior declaration prevent me from seeking any form of relief, and what are my specific options for a partial deferral?

Quick Summary

No, you cannot get a full deferral because the Minister's prior declaration legally prevents the Fair Work Commission (FWC) from granting one. You may also be barred from a partial deferral if the order is already considered to be 'in operation'.

Detailed Analysis

A deferral is a legal delay of when certain rules start to apply. Because the Minister has already made a declaration regarding your road transport order, the FWC is prohibited from granting you a full deferral (a delay of the entire order). The law states the FWC "must not make a full deferral determination in relation to a particular road transport minimum standards order if a deferral declaration (whether a full deferral declaration or a part deferral declaration) has previously been made by the Minister" [cite:au-fair-work-2009-sec536kqk]. This means the Minister's previous action acts as a legal block against any new full deferral requests for that specific order. Regarding your question about a partial deferral—which is a delay that only applies to specific parts of the order or specific groups of people—the law is more flexible. The FWC "may make more than one part deferral determination" [cite:au-fair-work-2009-sec536kqk]. However, there is a significant hurdle in your specific situation. The law provides that "An application for a deferral determination must not be made in relation to a road transport minimum standards order that has already come into operation" [cite:au-fair-work-2009-sec536kqh]. Since you stated your order commenced on 1 January and you applied in February, the order may already be legally "in operation." If the order is officially in operation, you may be barred from seeking any form of deferral relief, whether full or partial. Additionally, if a partial deferral is granted, it cannot apply to anyone who is already covered by a previous deferral [cite:au-fair-work-2009-sec536kqk]. It is currently uncertain whether the 'commencement' of your order on 1 January is legally the same as the order being 'in operation' for the purposes of making a new application. Note that state or local transport regulations may add further rules, so you should check NSW-specific transport laws.

Statutory Citations

Legal Citation: Fair Work Act 2009 § Section 536KQK — Limitations on making a deferral determination
"must not make a full deferral determination in relation to a particular road transport minimum standards order if a deferral declaration (whether a full deferral declaration or a part deferral declaration) has previously been made by the Minister"
View Official Legislation →
Legal Citation: Fair Work Act 2009 § Section 536KQH — Applications for a deferral determination for a road transport minimum standards order
"An application for a deferral determination must not be made in relation to a road transport minimum standards order that has already come into operation."
View Official Legislation →

Important Legal Disclaimer

General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.

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