Australian Industrial Relations Commission Amendment Rules 2003 (No. 1) (Cth)

Australian Industrial Relations Commission Amendment Rules 2003 (No. 1)1

Statutory Rules 2003 No. 62

I, GEOFFREY MICHAEL GIUDICE, President of the Australian Industrial Relations Commission, having consulted with members of the Commission, make the following Rules under the Workplace Relations Act 1996.

Dated 6 February 2003

G. M. GIUDICE

President

1Name of Rules

These Rules are the Australian Industrial Relations Commission Amendment Rules 2003 (No. 1).

2Commencement

These Rules commence on 1 March 2003.

3Amendment of Australian Industrial Relations Commission Rules 1998

Schedule 1 amends the Australian Industrial Relations Commission Rules 1998.

Schedule 1Amendments

(rule 3)

  

[1]After subrule 4 (4)

insert

1. (5)

   If a document is required by these Rules to have the seal affixed, that requirement is satisfied if a facsimile of the seal is affixed on the document by electronic means, by or at the direction of, the person affixing the seal.

[2]Subrule 5 (1)

omit

the Schedule

insert

Schedule 1

[3]Paragraph 11 (1) (c)

substitute

1. (c)

   each document that:

   1. (i)

      was an exhibit, or a written submission, in the proceedings; and

   2. (ii)

      relates to the grounds of appeal set out in the notice; and

[4]Paragraph 25 (3) (c)

omit

person

insert

employer

[5]After subrule 25 (3)

insert

1. (4)

   The applicant must also serve a copy of the application and of the completed notice of hearing on:

   1. (a)

      each person identified by name in the application against whom an order is sought; and

   2. (b)

      such other person or persons, as the Commission directs.

[6]Rule 44, heading

substitute

44Issue of certificate under section 170CF of the Act

[7]Subrules 44 (1) and (2)

omit

paragraph 170CF (2) (a)

insert

section 170CF

[8]Subrule 45 (2)

omit

paragraph 170CF (2) (a)

insert

section 170CF

[9]After rule 47

insert

47ASecurity for the payment of costs

1. (1)

   The Commission may, on application, order a party who made an application under section 170CE of the Act, or who began proceedings relating to an application under section 170CE, to give security for the payment of costs that may be awarded against him or her.

Note The Commission will not ordinarily make such an order before the conclusion of conciliation proceedings.

1. (2)

   An application to give security for the payment of costs must be made in accordance with Form R26A.

2. (3)

   The security must be of such amount, and given at such time and in such manner and form, as the Commission directs.

3. (4)

   The Commission may reduce or increase the amount of security ordered to be given and may vary the time at which, or manner or form in which, the security is to be given.

4. (5)

   If the Commission orders a party to provide security for costs, it may order:

   1. (a)

      that the application under section 170CE or the proceedings begun in relation to the application under section 170CE, as the case may be, be stayed until security is provided; or

   2. (b)

      that if the party fails to comply with the order to provide security within the time specified in the order, the application under section 170CE or the proceedings begun in relation to the application under section 170CE, as the case may be, be stayed or dismissed.

5. (6)

   The powers of the Commission under this rule may not be exercised by a member who has dealt, or is dealing, with the application under section 170CE of the Act or proceedings relating to the application under section 170CE, unless directed by:

   1. (a)

      the President; or

   2. (b)

      another Presidential Member nominated, in writing, by the President.

6. (7)

   This rule applies only in relation to an application under section 170CE lodged on or after 1 March 2003.

Note For examples of proceedings under section 170CE, see subsection 170CJ (8) of the Act.

[10]Rule 48, heading

omit

or 170LL

[11]After rule 48

insert

48AApplication for certification of a greenfields agreement between constitutional corporation, or the Commonwealth, and organisation of employees (section 170LL of the Act)

(1) An application under Division 2 of Part VIB of the Act for certification of a greenfields agreement, that applies to a single business, or part of a single business, between an employer and an organisation of employees must be:

1. (a)

   made in accordance with Form R28A; and

2. (b)

   accompanied by:

   1. (i)

      the agreement, signed by the parties; and

   2. (ii)

      3 copies of the agreement, for the use of the Industrial Registry; and

   3. (iii)

      enough additional copies of the agreement to enable the Industrial Registry to provide a copy to each party in the event of certification of the agreement by the Commission.

1. (2)

   Each employer, and organisation of employees, that is a party to the agreement must lodge with the application a statutory declaration in accordance with Form R28B made by the party or a person authorised by the party.

2. (3)

   On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to:

   1. (a)

      the parties to the agreement; and

   2. (b)

      any other interested person, if the Commission so directs.

[12]Paragraph 49 (2) (b)

omit

employee;

insert

employee.

[13]Paragraph 49 (2) (c)

omit

[14]Subrule 49 (3)

substitute

1. (3)

   On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to:

   1. (a)

      each of the persons mentioned in paragraphs (2) (a) and (b); and

   2. (b)

      any organisation of employees that has notified the employer and the Commission in writing that it wants to be bound by the agreement; and

   3. (c)

      if subsection 170LB (2) of the Act applies — each employer or corporation that has notified the employer and the Commission in writing that it wants to be bound by the agreement; and

   4. (d)

      any other interested person, if the Commission so directs.

[15]After rule 49

insert

49ANotice by an organisation of employees that it wants to be bound by an agreement

1. (1)

   For paragraph 170M (3) (c) of the Act, a notice to the Commission and an employer that an organisation of employees wants to be bound by an agreement must be in accordance with Form R30A.

2. (2)

   The Notice to the Commission must be accompanied by a statement by the organisation showing how the requirements of paragraph 170M (3) (d) of the Act are satisfied.

[16]After rule 66

insert

66AApplication to terminate an Australian Workplace Agreement

1. (1)

   An application under subsection 170VM (3) of the Act for the Commission to terminate an Australian Workplace Agreement must be:

   1. (a)

      made in accordance with Form R47A; and

   2. (b)

      accompanied by a copy of the Australian Workplace Agreement.

2. (2)

   A Registrar must give notice, if and as directed by the Commission, to the parties to the agreement.

[17]After rule 70

insert

70AFiling and lodging electronically

1. (1)

   A document that is required or permitted to be filed by these Rules for use in the Commission may be lodged electronically in the Industrial Registry.

2. (2)

   A document is lodged electronically in the Industrial Registry by:

   1. (a)

      completing and submitting a web-based form made available on the Commission’s Internet page at in accordance with the instructions accompanying the form; or

   2. (b)

      emailing the document in accordance with subrule (3).

3. (3)

   An email mentioned in paragraph (2) (b) must:

   1. (a)

      be sent to an email address approved by the Industrial Registrar; and

   2. (b)

      include the document to be filed as an attachment, in Rich Text Format or another format approved by the Industrial Registrar, to the text body of the email; and

   3. (c)

      state, in the text body of the email:

      1. (i)

         the name, address, telephone number and facsimile number (if any) of the natural person sending the email; and

      2. (ii)

         an email address to which the Commission or the Registry can send notices or other documentation; and

      3. (iii)

         if the document is an originating application — that fact, together with the State or Territory Registry in which the document is to be filed; and

      4. (iv)

         if the document relates to an existing matter — the file number of the matter.

4. (4)

   A statutory declaration that is required by these Rules may be lodged or filed electronically by sending an image of the statutory declaration in accordance with subrule (2).

5. (5)

   If a document is lodged in accordance with subrule (2), a Registrar must send an acknowledgement of filing to the lodging party by email.

6. (6)

   A document lodged electronically is taken not to have been filed until the acknowledgement of filing mentioned in subrule (5) has been sent.

7. (7)

   If a document that is lodged under this rule and accepted at the Registry is a document that, under these Rules, is required to be:

   1. (a)

      signed or stamped by the Commission or Registry; and

   2. (b)

      returnable to the lodging party;

a Registrar must:

1. (c)

   if the sender requests that the document be held for collection — make a paper copy of the document and hold it for collection for 7 days; and

2. (d)

   if the sender does not request the document to be held for collection, or having made a request does not collect the document within 7 days — return the document by sending it electronically to the email address of the lodging party.

1. (8)

   A person who lodges a document electronically in the Industrial Registry must:

   1. (a)

      keep a paper copy of the document; and

   2. (b)

      produce the paper copy of the document as directed by the Commission.

2. (9)

   If the Commission directs that the paper copy of the document be produced, the first page must be endorsed with:

   1. (a)

      a statement that the paper copy is a true and correct copy of the document sent electronically; and

   2. (b)

      the date and time that the document was sent electronically.

3. (10)

   For this rule, the Industrial Registrar must publish in the Australian Industrial Registry Bulletin notice of:

   1. (a)

      any email address that is approved for the lodgement and filing of documents electronically; and

   2. (b)

      any format in which electronic versions of documents will be accepted by the Industrial Registry.

[18]After subrule 74 (3)

insert

1. (4)

   Unless these Rules provide to the contrary, a party required to serve notice on another party, or other parties, to the proceedings must serve the notice as soon as practicable.

[19]After rule 74

insert

74AElectronic signatures

1. (1)

   If a document, other than a statutory declaration, is required by these Rules to be signed, that requirement is satisfied if a facsimile of the signature is affixed on the document by electronic means by, or at the direction of, the signatory.

2. (2)

   If a decision or determination is required by section 143 of the Act to be signed by a Member of the Commission, that requirement is satisfied if a facsimile of the signature is affixed on the decision or determination by electronic means by, or at the direction of, the signatory.

[20]Schedule, heading

substitute

Schedule 1Forms

(subrule 5 (1))

[21]Schedule, Form R9

omit

·

where the industrial action relates to work regulated by an award or certified agreement — the title of the award or certified agreement and the organisations and persons bound by the award or agreement who are directly affected or likely to be directly affected by the industrial action.]

insert

·

where the industrial action relates to work regulated by an award or certified agreement — the title of the award or certified agreement and the organisations bound by the award or agreement who are directly affected or likely to be directly affected by the industrial action.]

[22]Schedule, Form R9

omit

*parties to the abovementioned industrial dispute

*negotiating parties to the abovementioned negotiation or proposed negotiation

*organisations and persons bound by the abovementioned award or agreement who are directly affected or likely to be directly affected by the industrial action

insert

*each party to the abovementioned industrial dispute who is, or is likely to be directly affected by the industrial action

*each negotiating party to the abovementioned negotiation or proposed negotiation

*each organisation and employer bound by the abovementioned award or agreement who is directly affected or likely to be directly affected by the industrial action

*each person identified by name in the application against whom an order is sought

*such other person or persons, as the Commission directs.

[23]Schedule, Form R24

omit

OR

Having regard to all the material before the Commission, the Commission concludes that the applicant has no reasonable prospect of success in relation to the ground that the termination was harsh, unjust or unreasonable.]*

* Omit if inapplicable

insert

AND/OR

Having regard to all the material before the Commission, the Commission concludes under subsection 170CF (4) that the applicant has no reasonable prospect of success at arbitration in relation to the ground that the termination was harsh, unjust or unreasonable.]*

* Omit if inapplicable

[24]Schedule, after Form R26

insert

Form R26AApplication for security for the payment of costs under section 170CJ

(rule 47A)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

APPLICATION FOR SECURITY FOR THE PAYMENT OF COSTS UNDER SECTION 170CJ

In the matter of [short title of matter and case reference]

Application is made by [name of the party seeking an order for security of costs] for an order for security for the payment of costs.

The order is sought in respect of [insert the particular application under section 170CE or the particular proceedings begun in relation to an application under section 170CE (see subsection 170CJ (8), as the case may be, for which the order is sought] against [name of party against whom order is to be made]

The grounds on which this application is made are as follows:

[set out in numbered paragraphs the grounds upon which the application for costs is based]

Dated

20 .

 

[signature of applicant]

[25]Schedule, Form R27

omit

OR 170LL

[26]Schedule, Form R28

substitute

Form R28Statutory declaration in respect of an application under Division 2 of Part VIB for certification of an agreement that applies only to a single business or part of a single business

(rule 48)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

STATUTORY DECLARATION IN RESPECT OF AN APPLICATION UNDER DIVISION 2 OF PART VIB FOR CERTIFICATION OF AN AGREEMENT THAT APPLIES ONLY TO A SINGLE BUSINESS OR PART OF A SINGLE BUSINESS

(SECTION 170LJ AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND AN ORGANISATION OR ORGANISATIONS OF EMPLOYEES)

An original and one copy of the signed statutory declaration must be lodged with the application at an office of the Australian Industrial Registry in a State or Territory.

Each party to the agreement must complete a separate statutory declaration.

The application must be accompanied by:

1. ·

   an original of the written agreement signed by the parties to the agreement,

2. ·

   three copies of the agreement for the use of the Industrial Registry, and

3. ·

   sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission.

The responses to all questions and requests for information must appear in the right column. If the space provided is insufficient, attach a separate sheet clearly marked with the relevant paragraph number.

I, [name], of [address], [occupation], on whose behalf this statutory declaration is made, do solemnly and sincerely declare as follows:

TITLE OF AGREEMENT

(specify name of agreement)

Part 1:About the single business

1.1 What is the name of the employer?

1.2 What is the name and address of the single business or part of the single business of the employer covered by the agreement?

1.3 What is the work or employment in that single business or part of the single business to which the agreement is expressed to apply?

1.4 Answer this question only if this agreement applies to a part of a single business, as defined in subsection 170LB (3) of the Act.

Is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?

q YES

q NO

If NO, indicate the grounds why the Commission should not consider that:

1. (i)

   the agreement defines that part of the single business in a way that results in the agreement not covering employees whom it would be reasonable for the agreement to cover (see s 170LU (8))

and

1. (ii)

   it is not unfair for the agreement not to cover those employees (see s 170LU (8))

Part 2:About the Jurisdictional Basis of the application

2.1 State the basis on which the application is made under Division 2 of Part VIB of the Act (tick one only)

q The employer(s) is a constitutional corporation) (If yes, specify A.C.N. Number or source of corporate status)

q The agreement is about matters pertaining to the relationship between:

1. (a)

   an employer (within the meaning of Part XV, Matters referred by Victoria) in Victoria who is carrying on a single business or part of a single business; and

2. (b)

   employees (within the meaning of Part XV) in Victoria employed in the single business or part? (see s 494 (2))

q The employer is the Commonwealth

q The agreement is about matters pertaining to the relationship between an employer who is carrying on a single business or part of a single business in a Territory and employees employed in that single business or part? (see s 5AA (2))

q Other (please specify)

 

Part 3:About the Employer(s) party to the agreement

3.1 Full name and address of employer(s) including any trading name

3.2 State the contact person for receipt of hearing details concerning the application (the person authorised by the employer(s) to speak about the agreement on behalf of the employer(s))

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 4:About the Employee Organisation(s) party to the Agreement

4.1 Name(s) of organisation(s) of employees that is/are party to this agreement

4.2 For each organisation of employees party to the agreement, state the contact person for receipt of hearing details concerning the application (the person authorised by the organisation to speak about the agreement on behalf of the organisation)

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 5:Involvement of Employee Organisations

5.1 In relation to each organisation of employees party to the agreement, state whether each organisation has at least 1 member employed in the single business or part of the single business whose employment will be subject to the agreement

q YES

q NO

If NO, specify the organisation(s) which do not have at least 1 such member:

 

5.2 State whether each organisation is entitled to represent the industrial interests of its member(s) in relation to work which is the subject of the agreement (see s 170LJ (1) (b))

q YES

q NO

If NO, specify the organisation(s) which is/are not entitled to represent member(s):

 

Part 6:About the Employees

6.1 State whether the agreement was genuinely approved by a valid majority of persons employed at the time whose employment will be the subject of the agreement (see ss 170LE, 170LJ (2) and 170LT (5))

q Agreement was genuinely approved by a valid majority of employees

q Agreement was not genuinely approved by a valid majority of employees

6.2 Specify the date the agreement was approved by a valid majority of employees

Note The application to the Commission to certify the agreement must be made no later than 21 days after this date.

6.3 State the total number of employees covered by the agreement

Of the total number, how many employees are:

Women?

Persons from a non-English speaking background?

Under the age of 21 years?

Aboriginal or Torres Strait Islanders?

Disabled persons?

Part-time employees?

Casual employees?

6.4 Specify the steps the employer took (at least 14 days before any approval was given), to ensure that every person employed at the time whose employment will be subject to the agreement either had or had ready access to the proposed agreement in writing (see s 170LJ (2))

6.5 Specify the steps taken by the employer (before approval was given) to explain the terms of the agreement to employees subject to it (see s 170LJ (2))

6.6 Specify the manner in which the explanation of the terms of the agreement to the persons subject to it took place in ways that were appropriate having regard to the persons’ particular circumstances and needs (For example, where the persons include women, persons from a non-English speaking background or young persons) (see s 170LT (7))

6.7 Specify the steps taken by the employer to give all employees employed at a particular time whose employment is or will be subject to the agreement a reasonable opportunity to decide whether they want to give approval to the agreement (see s 170LE (c))

Part 7:About the Agreement

7.1 Specify the relevant awards (including State awards) which regulate the terms and conditions of employment of employees covered by the agreement.

A relevant award is one which:

1. (a)

   regulates any term or condition of employment of persons engaged in the same kind of work as that of employees under the agreement; and

2. (b)

   expected to be binding on the employer immediately before the initial day (that is, the day on which the agreement is certified by the Commission) (see ss 170X and 170XA)

7.2 To be answered only if there is no relevant award.

Specify whether application has been made under section 170XF for a determination of the award(s) which is/are designated appropriate for the purpose of deciding whether the agreement passes the no‑disadvantage test

7.3 State whether certification would result, on balance, in a reduction in the overall terms and conditions of employment of employees covered by the agreement under relevant or designated awards or laws of the Commonwealth, a State or Territory (see s 170XA (2))

q Certification would not result in a reduction in the overall terms and conditions of employment

q Certification would result in a reduction in the overall terms and conditions of employment

7.4 To be answered only if there is any reduction in the terms and conditions of employees covered by the agreement under any relevant or designated award or other law but not resulting in a reduction in the overall terms and conditions of employees.

By referring to specific clauses in the agreement, specify any such reductions.

By referring to specific clauses in the agreement, specify any terms and conditions which result, on balance, in there being no reduction in the overall terms and conditions of employment of the employees under the agreement

q No reduction at all; or

q Specify relevant clauses:

  

7.5 To be answered only if certification would result in a reduction in the overall terms and conditions of employees covered by the agreement.

Indicate why the Commission should be satisfied that certifying the agreement is not contrary to the public interest (see s 170LT (2) and (3))

7.6.1 Specify the clause which provides procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement about matters arising under the agreement (see s 170LT (8))

7.6.2 Does the clause specified empower the Commission to:

· settle disputes over the application of the agreement?

· appoint a board of reference, as described in section 131, for the purpose of settling such disputes?

q YES q NO

q YES q NO

7.7 Specify the nominal expiry date in the agreement which is not more than 3 years after the date on which the agreement will come into operation (see s 170LT (10))

7.8 To be answered only if

the agreement has ended a bargaining period (see s 170MV (a)).

State the bargaining case number(s) of the bargaining period(s) ended

  

C No _______________of _________

SIGNATURE

I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

[signature of person making the declaration]

Declared at [place] on [date]

Before me,

[signature of person before whom the declaration is made]

[title of person before whom the declaration is made]

[27]Schedule, after Form R28

insert

Form R28AApplication under Division 2 of Part VIB for certification of a greenfields agreement that applies only to a single business or part of a single business

(rule 48A)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

APPLICATION UNDER DIVISION 2 OF PART VIB FOR CERTIFICATION OF A GREENFIELDS AGREEMENT THAT APPLIES ONLY TO A SINGLE BUSINESS OR PART OF A SINGLE BUSINESS

(AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND AN ORGANISATION OR ORGANISATIONS OF EMPLOYEES)

(SECTION 170LL)

IN the matter of: [title of matter]

Application is made under Division 2 (Making agreements with constitutional corporations or the Commonwealth) of Part VIB of the Act by [name of the applicant(s)] for the certification of the attached written agreement between [insert names of parties to the agreement].

I [or We] seek to have this application heard in [appropriate capital city].

* [name of Member] has assisted in facilitating the making of this agreement.

Dated

20 .

[signature(s) of applicant(s)]

Note In respect of each party to the agreement, the application must be accompanied by a statutory declaration in accordance with Form R28B.

 

* Omit if inapplicable.

Form R28BStatutory declaration in respect of an application under Division 2 of Part VIB for certification of an agreement that applies only to a single business or part of a single business

(rule 48A)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

STATUTORY DECLARATION IN RESPECT OF AN APPLICATION UNDER DIVISION 2 OF PART VIB FOR CERTIFICATION OF AN AGREEMENT THAT APPLIES ONLY TO A SINGLE BUSINESS OR PART OF A SINGLE BUSINESS

(SECTION 170LL GREENFIELDS AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND AN ORGANISATION OR ORGANISATIONS OF EMPLOYEES)

An original and one copy of the signed statutory declaration must be lodged with the application at an office of the Australian Industrial Registry in a State or Territory.

Each party to the agreement must complete a separate statutory declaration.

The application must be accompanied by:

1. ·

   an original of the written agreement signed by the parties to the agreement,

2. ·

   three copies of the agreement for the use of the Industrial Registry, and

3. ·

   sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission.

The responses to all questions and requests for information must appear in the right column. If the space provided is insufficient, attach a separate sheet clearly marked with the relevant paragraph number.

I, [name], of [address], [occupation], on whose behalf this statutory declaration is made, do solemnly and sincerely declare as follows:

TITLE OF AGREEMENT (specify name of agreement)

Part 1:About the single business

1.1 What is the name of the employer?

1.2 What is the name and address of the single business or part of the single business of the employer covered by the agreement?

1.3 What is the work or employment in that single business or part of the single business to which the agreement is expressed to apply?

1.4 State whether the business is a new business that the employer proposes to establish and that the agreement is made before the employment of any persons whose employment will be subject to the agreement (a greenfields agreement)

q The agreement is a greenfields agreement

q The agreement is not a greenfields agreement

1.5 Answer this question only if this agreement applies to a part of a single business, as defined in subsection 170LB (3) of the Act.

Is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?

q YES

q NO

If NO, indicate the grounds why the Commission should not consider that:

1. (i)

   the agreement defines that part of the single business in a way that results in the agreement not covering employees whom it would be reasonable for the agreement to cover (see s 170LU (8))

and

1. (ii)

   it is not unfair for the agreement not to cover those employees (see s 170LU (8))

Part 2:About the Jurisdictional Basis of the application

2.1 State the basis on which the application is made under Division 2 of Part VIB of the Act (tick one only)

q The employer(s) is a constitutional corporation)(If yes, specify A.C.N. Number or source of corporate status)

q The agreement is about matters pertaining to the relationship between:

1. (a)

   an employer (within the meaning of Part XV, Matters referred by Victoria) in Victoria who is carrying on a single business or part of a single business; and

2. (b)

   employees (within the meaning of Part XV) in Victoria employed in the single business or part (see s 494 (2))

q The employer is the Commonwealth

q The agreement is about matters pertaining to the relationship between an employer who is carrying on a single business or part of a single business in a Territory and employees employed in that single business or part (see s 5AA (2))

q Other (please specify)

 

Part 3:About the Employer(s) party to the agreement

3.1 Full name and address of employer(s) including any trading name

3.2 State the contact person for receipt of hearing details concerning the application (the person authorised by the employer(s) to speak about the agreement on behalf of the employer(s))

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 4:About the Employee Organisation(s) party to the Agreement

4.1 Name(s) of organisation(s) of employees that is/are party to this agreement

4.2 For each organisation of employees party to the agreement, state the contact person for receipt of hearing details concerning the application (the person authorised by the organisation to speak about the agreement on behalf of the organisation)

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 5:Involvement of Employee Organisations

5.1 In relation to each organisation of employees party to the agreement, state whether each organisation is entitled to represent the industrial interests of its member(s) in relation to work which is the subject of the agreement (see s 170LL (2)

q YES

q NO

If NO, specify the organisation(s) which is/are not entitled to represent member(s):

 

Part 6:About the Agreement

6.1 Specify the date the agreement was made.

Note The application to the Commission to certify the agreement must be made no later than 21 days after this date.

6.2 Specify the relevant awards (including State awards) which regulate the terms and conditions of employment of employees covered by the agreement.

A relevant award is one which:

1. (a)

   regulates any term or condition of employment of persons engaged in the same kind of work as that of employees under the agreement; and

2. (b)

   expected to be binding on the employer immediately before the initial day (that is, the day on which the agreement is certified by the Commission) (see ss 170X and 170XA)

6.3 To be answered only if

there is no relevant award.

Specify whether application has been made under section 170XF for a determination of the award(s) which is/are designated appropriate for the purpose of deciding whether the agreement passes the no‑disadvantage test

6.4 State whether certification would result, on balance, in a reduction in the overall terms and conditions of employment of employees covered by the agreement under relevant or designated awards or laws of the Commonwealth, a State or Territory (see s 170XA (2))

q Certification would not result in a reduction in the overall terms and conditions of employment

q Certification would result in a reduction in the overall terms and conditions of employment

6.5 To be answered only if there is any reduction in the terms and conditions of employees covered by the agreement under any relevant or designated award or other law but not resulting in a reduction in the overall terms and conditions of employees.

By referring to specific clauses in the agreement, specify any such reductions.

By referring to specific clauses in the agreement, specify any terms and conditions which result, on balance, in there being no reduction in the overall terms and conditions of employment of the employees under the agreement

q No reduction at all; or

q Specify relevant clauses:

  

6.6 To be answered only if certification would result in a reduction in the overall terms and conditions of employees covered by the agreement.

Indicate why the Commission should be satisfied that certifying the agreement is not contrary to the public interest (see s 170LT (2) and (3))

6.7.1 Specify the clause which provides procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement about matters arising under the agreement (see s 170LT (8))

6.7.2 Does the clause specified empower the Commission to:

· settle disputes over the application of the agreement?

· appoint a board of reference, as described in section 131, for the purpose of settling such disputes?

q YES q NO

q YES q NO

6.8 Specify the nominal expiry date in the agreement which is not more than 3 years after the date on which the agreement will come into operation (see s 170LT (10))

6.9 To be answered only if the agreement has ended a bargaining period (see s 170MV (a)).

State the bargaining case number(s) of the bargaining period(s) ended

  

C No _______________of _________

SIGNATURE

I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

[signature of person making the declaration]

Declared at [place] on [date]

Before me,

[signature of person before whom the declaration is made]

[title of person before whom the declaration is made]

[28]Schedule, Form R30

substitute

Form R30Statutory declaration in respect of an application under Division 2 of Part VIB for certification of an agreement that applies only to a single business or part of a single business

(rule 49)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

STATUTORY DECLARATION IN RESPECT OF AN APPLICATION UNDER DIVISION 2 OF PART VIB FOR CERTIFICATION OF AN AGREEMENT THAT APPLIES ONLY TO A SINGLE BUSINESS OR PART OF A SINGLE BUSINESS

(SECTION 170LK AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND EMPLOYEES)

An original and one copy of the signed statutory declaration must be lodged with the application at an office of the Australian Industrial Registry in a State or Territory.

Each party to the agreement must complete a separate statutory declaration.

The application must be accompanied by:

1. ·

   an original of the written agreement signed by the parties to the agreement,

2. ·

   three copies of the agreement for the use of the Industrial Registry, and

3. ·

   sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission.

The responses to all questions and requests for information must appear in the right column. If the space provided is insufficient, attach a separate sheet clearly marked with the relevant paragraph number.

I, [name], of [address], [occupation], on whose behalf this statutory declaration is made, do solemnly and sincerely declare as follows:

TITLE OF AGREEMENT(specify name of agreement)

Part 1:About the single business

1.1 What is the name of the employer?

1.2 What is the name and address of the single business or part of the single business of the employer covered by the agreement?

1.3 What is the work or employment in that single business or part of the single business to which the agreement is expressed to apply?

1.4 Answer this question only if this agreement applies to a part of a single business, as defined in subsection 170LB (3) of the Act.

Is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?

q YES

q NO

If NO, indicate the grounds why the Commission should not consider that:

1. (i)

   the agreement defines that part of the single business in a way that results in the agreement not covering employees whom it would be reasonable for the agreement to cover (see s 170LU (8))

and

1. (ii)

   it is not unfair for the agreement not to cover those employees (see s 170LU (8))

Part 2:About the Jurisdictional Basis of the application

2.1 State the basis on which the application is made under Division 2 of Part VIB of the Act (tick one only)

q The employer(s) is a constitutional corporation)(If yes, specify A.C.N. Number or source of corporate status)

q The agreement is about matters pertaining to the relationship between:

1. (a)

   an employer (within the meaning of Part XV, Matters referred by Victoria) in Victoria who is carrying on a single business or part of a single business; and

2. (b)

   employees (within the meaning of Part XV) in Victoria employed in the single business or part (see s 494 (2))

q The employer is the Commonwealth

q The agreement is about matters pertaining to the relationship between an employer who is carrying on a single business or part of a single business in a Territory and employees employed in that single business or part (see s 5AA (2))

q Other (please specify)

 

Part 3:About the Employer(s) party to the agreement

3.1 Full name and address of employer(s) including any trading name

3.2 State the contact person for receipt of hearing details concerning the application (the person authorised by the employer(s) to speak about the agreement on behalf of the employer(s))

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 4:Involvement by any Employee representatives

4.1 Was the agreement negotiated with an employee acting on his or her own behalf and on behalf of other employees?

q YES

q NO

If YES, indicate the facts which establish a basis for the Commission to be satisfied that the employee is acting on behalf of the other employees

4.2 Has an organisation of employees notified the employer in writing that it wants to be bound by the agreement? (see s 170M (3) (c))

q YES

q NO

If YES, please identify the organisation(s) of employees which have given notification:

4.3 Answer this question only if an organisation of employees has notified the employer that it wants to be bound by the agreement.

Does each organisation of employees which has given notification have at least 1 member:

1. (i)

   whose employment will be subject to the agreement; and

2. (ii)

   whose industrial interests it is entitled to represent in relation to work that will be subject to the agreement; and

3. (iii)

   who requested the organisation to give notification?

q YES

q NO

If NO, please identify the organisation(s) which do not meet these criteria:

 

Part 5:About the Employees

5.1 State whether a valid majority of persons employed at the time whose employment will be the subject of the agreement approved the agreement in the terms proposed (see ss 170LE, 170LK (1) and 170LT (5))

q YES: a valid majority of employees approved the agreement as proposed

q NO: a valid majority of employees has not approved the agreement as proposed

5.2 Specify the date the written agreement was made with a valid majority of employees

Note The application to the Commission to certify the agreement must be made no later than 21 days after this date.

5.3 State the total number of employees covered by the agreement.

Of the total number, how many employees are:

 

Women?

Persons from a non-English speaking background?

Under the age of 21 years?

Aboriginal or Torres Strait Islanders?

Disabled persons?

Part-time employees?

Casual employees?

5.4 Specify the steps taken by the employer (including the date written notice was provided by the employer of its intention to make the written agreement) to ensure that every person employed at the time whose employment will be subject to the agreement had at least 14 days notice, in writing, of intention to make the agreement (see s 170LK (2))

Note The agreement must not be made before those 14 days have passed.

5.5 Specify the steps, at or before the time the notice was given, the employer took to ensure that every person employed at the time whose employment will be subject to the agreement either had or had ready access to the proposed written agreement (see s 170LK (3))

5.6 Did the notice given by the employer of intention to make the agreement state that if:

1. (a)

   any person whose employment will be subject to the agreement is a member of any organisation of employees; and

2. (b)

   the organisation is entitled to represent the person’s industrial interests in relation to work that will be subject to the agreement;

the person may request the organisation to represent the person in meeting and conferring with the employer about the agreement? (see s 170LK (4))

q YES

q NO

5.7 If an organisation was so requested to represent such a person, did the employer give the organisation a reasonable opportunity to meet and confer with the employer about the agreement before it was made? (see s 170LK (5))

q YES

q NO

q NO REQUEST WAS MADE TO THE ORGANISATION

If YES, specify the grounds upon which it is asserted that a reasonable opportunity was given:

5.8 Specify the steps taken by the employer (before the agreement was made) to explain the terms of the agreement to employees subject to it (see s 170LK (7))

5.9 Specify the manner in which the explanation of the terms of the agreement to the persons subject to it took place in ways that were appropriate having regard to the persons’ particular circumstances and needs (For example, where the persons include women, persons from a non-English speaking background or young persons) (see s 170LT (7))

5.10 Specify the steps taken by the employer to give all employees employed at a particular time whose employment is or will be subject to the written agreement a reasonable opportunity to decide whether they want to make the agreement (see s 170LE (c))

5.11 Was the proposed written agreement varied for any reason after the notice referred to in 5.4 above was given? (see s 170LK (8))

q YES: a variation has been made to the written agreement as proposed

q NO: no variation has been made to the written agreement as proposed

5.12 Answer these questions only if the proposed agreement was varied for any reason after the notice referred to in 5.4 above was given (see s 170LK (8)).

Each time the agreement was varied were the steps referred to in 5.4 to 5.10 taken again in relation to the proposed agreement as varied?

On what date(s) was written notice again provided by the employer of its intention to make the agreement as varied?

q YES

q NO

If NO, specify which steps referred to in 5.4 to 5.10 were not taken again:

 

Part 6:About the Agreement

6.1 Specify the relevant awards (including State awards) which regulate the terms and conditions of employment of employees covered by the agreement.

A relevant award is one which:

1. (a)

   regulates any term or condition of employment of persons engaged in the same kind of work as that of employees under the agreement; and

2. (b)

   expected to be binding on the employer immediately before the initial day (that is, the day on which the agreement is certified by the Commission) (see ss 170X and 170XA)

6.2 To be answered only if

there is no relevant award.

Specify whether application has been made under section 170XF for a determination of the award(s) which is/are designated appropriate for the purpose of deciding whether the agreement passes the no‑disadvantage test

6.3 State whether certification would result, on balance, in a reduction in the overall terms and conditions of employment of employees covered by the agreement under relevant or designated awards or laws of the Commonwealth, a State or Territory (see s 170XA (2))

q Certification would not result in a reduction in the overall terms and conditions of employment

q Certification would result in a reduction in the overall terms and conditions of employment

6.4 To be answered only if there is any reduction in the terms and conditions of employees covered by the agreement under any relevant or designated award or other law but not resulting in a reduction in the overall terms and conditions of employees.

By referring to specific clauses in the agreement, specify any such reductions.

By referring to specific clauses in the agreement, specify any terms and conditions which result, on balance, in there being no reduction in the overall terms and conditions of employment of the employees under the agreement

q No reduction at all; or

q Specify relevant clauses:

6.5 To be answered only if certification would result in a reduction in the overall terms and conditions of employees covered by the agreement.

Indicate why the Commission should be satisfied that certifying the agreement is not contrary to the public interest (see s 170LT (2) and (3))

6.6.1 Specify the clause which provides procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement about matters arising under the agreement (see s 170LT (8))

6.6.2 Does the clause specified empower the Commission to (see s 170LW):

· settle disputes over the application of the agreement?

· appoint a board of reference, as described in section 131, for the purpose of settling such disputes?

q YES q NO

q YES q NO

6.7 Specify the nominal expiry date in the agreement which is not more than 3 years after the date on which the agreement will come into operation (see s 170LT (10))

6.8 To be answered only if the agreement has ended a bargaining period (see s 170MV (a)).

State the bargaining case number(s) of the bargaining period(s) ended

 

C No ______________of _________

SIGNATURE

I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

[signature of person making the declaration]

Declared at [place] on [date]

Before me,

[signature of person before whom the declaration is made]

[title of person before whom the declaration is made]

[29]Schedule, after Form R30

insert

Form R30ANotice under paragraph 170M (3) (c) by an organisation of employees that it wants to be bound by an agreement

(rule 49A)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

NOTICE UNDER PARAGRAPH 170M (3) (c) BY AN ORGANISATION OF EMPLOYEES THAT IT WANTS TO BE BOUND BY AN AGREEMENT

 

In the matter of:

 

[title of proposed agreement]

 

Notice is given by [insert name of organisation of employees] that it wants to bound by the abovementioned agreement.

 

Dated 20 .

 

[signature of notifier]

 

Note The Notice to the Commission must be accompanied by a statement of the basis upon which the requirements of paragraph 170M (3) (d) of the Act are satisfied.

[30]Schedule, Form R32

substitute

Form R32Statutory declaration in respect of an application under Division 3 of Part VIB for certification of an agreement that applies only to a single business or part of a single business

(rule 50)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

STATUTORY DECLARATION IN RESPECT OF AN APPLICATION UNDER DIVISION 3 OF PART VIB FOR CERTIFICATION OF AN AGREEMENT THAT APPLIES ONLY TO A SINGLE BUSINESS OR PART OF A SINGLE BUSINESS

(SECTION 170LS AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND AN ORGANISATION OR ORGANISATIONS OF EMPLOYEES)

An original and one copy of the signed statutory declaration must be lodged with the application at an office of the Australian Industrial Registry in a State or Territory.

Each party to the agreement must complete a separate statutory declaration.

The application must be accompanied by:

1. ·

   an original of the written agreement signed by the parties to the agreement,

2. ·

   three copies of the agreement for the use of the Industrial Registry, and

3. ·

   sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission.

The responses to all questions and requests for information must appear in the right column. If the space provided is insufficient, attach a separate sheet clearly marked with the relevant paragraph number.

I, [name], of [address], [occupation], on whose behalf this statutory declaration is made, do solemnly and sincerely declare as follows:

TITLE OF AGREEMENT (specify name of agreement)

Part 1:About the single business

1.1 What is the name of the employer?

1.2 What is the name and address of the single business or part of the single business of the employer covered by the agreement?

1.3 What is the work or employment in that single business or part of the single business to which the agreement is expressed to apply?

1.4 Answer this question only if this agreement applies to a part of a single business, as defined in subsection 170LB (3) of the Act.

Is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?

q YES

q NO

If NO, indicate the grounds why the Commission should not consider that:

1. (i)

   the agreement defines that part of the single business in a way that results in the agreement not covering employees whom it would be reasonable for the agreement to cover (see s 170LU (8))

and

1. (ii)

   it is not unfair for the agreement not to cover those employees (see s 170LU (8))

Part 2:About the Jurisdictional Basis of the application

2.1 State the basis on which the application is made under Division 3 of Part VIB of the Act (tick one only)

q The agreement is made in settlement, further settlement, maintenance of settlement or the prevention of an industrial dispute. (If so, specify the case number of the industrial dispute C No ............ of ..........)

q The agreement is between parties to an industrial situation for preventing the situation from giving rise to an industrial dispute between them. (If so, specify the relevant facts identifying the industrial situation)

Part 3:About the Employer(s) party to the agreement

3.1 Full name and address of employer(s) including any trading name

3.2 State the contact person for receipt of hearing details concerning the application (the person authorised by the employer(s) to speak about the agreement on behalf of the employer(s))

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 4:About the Employee Organisation(s) party to the Agreement

4.1 Name(s) of organisation(s) of employees that is/are party to this agreement

4.2 For each organisation of employees party to the agreement, state the contact person for receipt of hearing details concerning the application (the person authorised by the organisation to speak about the agreement on behalf of the organisation)

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 5:About the Employees

5.1 State whether the agreement was genuinely approved by a valid majority of persons employed at the time whose employment will be the subject of the agreement (see ss 170LE, 170LR (2) and 170LT (5))

q Agreement was genuinely approved by a valid majority of employees

q Agreement was not genuinely approved by a valid majority of employees

5.2 Specify the date the agreement was approved by a valid majority of employees.

Note The application to the Commission to certify the agreement must be made no later than 21 days after this date.

5.3 State the total number of employees covered by the agreement.

Of the total number, how many employees are:

 

Women?

Persons from a non-English speaking background?

Under the age of 21 years?

Aboriginal or Torres Strait Islanders?

Disabled persons?

Part-time employees?

Casual employees?

5.4 Specify the steps the employer took (at least 14 days before any approval was given), to ensure that every person employed at the time whose employment will be subject to the agreement either had or had ready access to the proposed agreement in writing (see s 170LR (2) (a))

5.5 Specify the steps taken by the employer (before approval was given) to explain the terms of the agreement to employees subject to it (see s 170LR (2) (b))

5.6 Specify the manner in which the explanation of the terms of the agreement to the persons subject to it took place in ways that were appropriate having regard to the persons’ particular circumstances and needs

(For example, where the persons include women, persons from a non-English speaking background or young persons) (see s 170LT (7))

5.7 Specify the steps taken by the employer to give all employees employed at a particular time whose employment is or will be subject to the agreement a reasonable opportunity to decide whether they want to give approval to the agreement (see s 170LE (c))

Part 6:About the Agreement

6.1 Specify the relevant awards (including State awards) which regulate the terms and conditions of employment of employees covered by the agreement.

A relevant award is one which:

1. (a)

   regulates any term or condition of employment of persons engaged in the same kind of work as that of employees under the agreement; and

2. (b)

   expected to be binding on the employer immediately before the initial day (that is, the day on which the agreement is certified by the Commission) (see ss 170X and 170XA)

6.2 To be answered only if there is no relevant award.

Specify whether application has been made under section 170XF for a determination of the award(s) which is/are designated appropriate for the purpose of deciding whether the agreement passes the no‑disadvantage test

6.3 State whether certification would result, on balance, in a reduction in the overall terms and conditions of employment of employees covered by the agreement under relevant or designated awards or laws of the Commonwealth, a State or Territory (see s 170XA (2))

q Certification would not result in a reduction in the overall terms and conditions of employment

q Certification would result in a reduction in the overall terms and conditions of employment

6.4 To be answered only if there is any reduction in the terms and conditions of employees covered by the agreement under any relevant or designated award or other law but not resulting in a reduction in the overall terms and conditions of employees.

By referring to specific clauses in the agreement, specify any such reductions.

By referring to specific clauses in the agreement, specify any terms and conditions which result, on balance, in there being no reduction in the overall terms and conditions of employment of the employees under the agreement

q No reduction at all; or

q Specify relevant clauses:

  

6.5 To be answered only if certification would result in a reduction in the overall terms and conditions of employees covered by the agreement.

Indicate why the Commission should be satisfied that certifying the agreement is not contrary to the public interest (see s 170LT (2) and (3))

6.6.1 Specify the clause which provides procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement about matters arising under the agreement (see s 170LT (8))

6.6.2 Does the clause specified empower the Commission to:

· settle disputes over the application of the agreement?

· appoint a board of reference, as described in section 131, for the purpose of settling such disputes?

q YES q NO

q YES q NO

6.7 Specify the nominal expiry date in the agreement which is not more than 3 years after the date on which the agreement will come into operation (see s 170LT (10))

6.8 To be answered only if the agreement has ended a bargaining period (see s 170MV (a)).

State the bargaining case number(s) of the bargaining period(s) ended

  

C No ___________of _________

SIGNATURE

I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

[signature of person making the declaration]

Declared at [place] on [date]

Before me,

[signature of person before whom the declaration is made]

[title of person before whom the declaration is made]

[31]Schedule, Form R35, note, paragraph (ii)

omit

subsection 170MD (2)

insert

subsection 170MD (3)

[32]Schedule, after Form R47

insert

Form R47AApplication for termination of Australian workplace agreement in the public interest after nominal expiry date

(rule 66A)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

APPLICATION FOR TERMINATION OF AUSTRALIAN WORKPLACE AGREEMENT IN THE PUBLIC INTEREST AFTER NOMINAL EXPIRY DATE

IN the matter of: the Australian workplace agreement between [insert names of parties]

 

Application is made by [name of applicant party] under subsection 170VM (3) of the Act for the abovementioned agreement to be terminated.

 

The nominal expiry date of the agreement was [dat e]

 

The grounds on which this application is made are as follows:

 

[set out in numbered paragraphs the grounds upon which it is claimed that it is not contrary to the public interest to terminate the agreement]

 

Dated

20 .

 

[signature of applican t]

 

Note Please include full contact details of both parties to the agreement. A copy of the Australian workplace agreement must also accompany this application.

[33]Schedule, Form R53

omit

subrule 39 (1)

insert

subrule 76 (1)

[34]Schedule, Form R53

omit

subrule 39 (6)

insert

subrule 76 (6)

[35]Schedule, Form R56, heading

substitute

Form R56Notice of application for common rule declaration

(regulation 16)

[36]Schedule, Form R57, heading

substitute

Form R57Notice of appearance in respect to an application for common rule

(regulation 18)

[37]Schedule, Form R60, heading

substitute

Form R60Notice of variation of common rule award

(regulation 23)

[38]Further amendment — Forms

1. The following forms are amended by omitting each mention of ‘Dated 19 

   .’ and inserting ‘Dated 20 .’:

 

· Form R1

· Form R2

· Form R3

· Form R4

· Form R6

· Form R7

· Form R8

· Form R9

· Form R10

· Form R11

· Form R12

· Form R13

· Form R15

· Form R16

· Form R17

· Form R26

· Form R27

· Form R29

· Form R31

· Form R33

· Form R34

· Form R35

· Form R36

· Form R37

· Form R38

· Form R39

· Form R40

· Form R42

· Form R43

· Form R44

· Form R45

· Form R46

· Form R47

· Form R48

· Form R49

· Form R51

· Form R52

· Form R53

· Form R54

· Form R55

· Form R58

· Form R59

· Form R61

· Form R62

· Form R63

· Form R64

· Form R65

· Form R66

· Form R68

· Form R69.

Notes

1. These Rules amend Statutory Rules 1998 No. 1, as amended by 1999 Nos. 1, 71 and 276; 2000 No. 170; 2001 Nos. 39, 101 and 332.

2. Notified in the Commonwealth of Australia Gazette