(1) If an application for a minimum standards order is made to the FWC under subsection 536JZ(1), the FWC may decide to:
(a) refuse to consider the application; or
(b) make a minimum standards order; or
(c) not make a minimum standards order; or
(d) if the FWC considers it appropriate to do so, instead make minimum standards guidelines under section 536KR, as if the application had been an application under subsection 536KS(1) for minimum standards guidelines in relation to the regulated workers covered by the application under subsection 536JZ(1).
(2) Without limiting subsection (1), the FWC may refuse to consider the application if it is not consistent with a direction of the President under section 582(4D) (prioritisation).