Australian Industrial Relations Commission Amendment Rules 2003 (No. 3) (Cth)

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Australian Industrial Relations Commission Amendment Rules 2003 (No. 3)1

Statutory Rules 2003 No. 862

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 8 May 2003

G. M. GIUDICE

President

1Name of Rules

These Rules are the Australian Industrial Relations Commission Amendment Rules 2003 (No. 3).

2Commencement

These Rules commence on 12 May 2003.

3Amendment of Australian Industrial Relations Commission Rules 1998

Schedule 1 amends the Australian Industrial Relations Commission Rules 1998.

Schedule 1Amendments

(rule 3)

  

[1]Rule 3, after definition of OHS (CE) Act

insert

RAO Regulations means the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003.

RAO Schedule means Schedule 1B to the Workplace Relations Act 1996.

[2]Rule 3, definition of Regulations

substitute

Regulations means the Workplace Relations Regulations 1996.

[3]Subrule 5 (2)

after

Regulations

insert

, the RAO Regulations

[4]Subparagraph 7 (1) (b) (i)

after

Regulations

insert

, the RAO Regulations

[5]Subrule 9 (2)

omit

section 38 of the Act,

insert

section 14 of the RAO Schedule,

[6]Subrule 11 (1)

after

section 45

insert

or 45A

[7]Subrule 24 (1)

omit

section 118A of the Act

insert

section 133 of the RAO Schedule

[8]Rule 77

omit

The approved form

insert

  1. (1)

    The approved form

[9]Rule 77, table of approved forms, heading

substitute

Table of approved forms (Workplace Relations Regulations)

[10]Rule 77, table of approved forms, items 8 to 15 (inclusive)

omit

[11]Rule 77

insert

  1. (2)

    The approved form for a document of the kind mentioned in the provision of the RAO Regulations mentioned in Column 2 of an item in the following table is the form described in Columns 3 and 4 of that table.

Table of approved forms (RAO Regulations)

Column 1

Item

Column 2

Provision

Column 3

Name of form

Column 4

Number of form

1

Paragraph 21 (1) (a)

Application by an association of employers for registration as an organisation

R62

2

Paragraph 21 (1) (a)

Application by an association of employees (other than an enterprise association) for registration as an organisation

R63

3

Paragraph 21 (1) (a)

Application by an enterprise association of employees for registration as an organisation

R64

4

Paragraph 23 (2) (a)

Notice of objection to the registration of an association

R64A

5

Paragraph 27 (a)

Application for leave to change name*/and to alter rules*

R65

6

Paragraph 34 (1) (a)

Application for cancellation of registration

R65A

7

Paragraph 34 (5) (a)

Notice of objection to the cancellation of registration

R65B

8

Paragraph 35 (1) (a)

Application for cancellation of registration

R65C

9

Paragraph 36 (4) (a)

Notice of objection to the cancellation of registration

R65D

10

Paragraph 60 (2) (a)

Ballot paper chosen by organisation in relation to proposed amalgamation

R65E

11

Paragraph 60 (2) (b)

Ballot paper in relation to proposed amalgamation

R65F

12

Paragraph 60 (3) (a)

Ballot paper chosen by organisation and containing alternative provision in relation to proposed amalgamation

R65G

13

Paragraph 60 (3) (b)

Ballot paper containing an alternative provision in relation to proposed amalgamation

R65H

14

Paragraph 121 (1) (a)

Application for consent to change the name of an organisation

R66

15

Paragraph 121 (1) (b)

Application for consent to the alteration of eligibility rules of an organisation

R67

16

Subregulation 128 (1)

Application for certificate under section 180 of the RAO Schedule

R68

17

Subregulation 129 (3)

Application for renewal of certificate under section 180 of the RAO Schedule

R69

[12]Schedule 1, Form R1, heading

substitute

Form R1Notice of appeal under section 45 or 45A

(rule 11)

[13]Schedule 1, Form R1

after

SECTION 45

insert

OR 45A

[14]Schedule 1, Form R1

after

subsection 45 (1)

insert

or 45A (1)

[15]Schedule 1, Form R2

after

subsection 45 (1)

insert

or 45A (1)

[16]Schedule 1, Form R8, heading

substitute

Form R8Application for an order under section 133 of the RAO Schedule

(rule 24)

[17]Schedule 1, Form R8

omit

SECTION 118A

insert

SECTION 133 OF THE RAO SCHEDULE

[18]Schedule 1, Form R21, section headed ‘Dismissal for want of jurisdiction (if applicable)’, seventh dot point

omit

($75 200, July 2001)

insert

($81 500, July 2002)

[19]Schedule 1, Form R62, heading

substitute

Form R62Application by an association of employers for registration as an organisation

(regulation 21 (RAO Regulations))

[20]Schedule 1, Form R62

omit

paragraphs 189 (1) (a), (b) and (d)-(j) inclusive of the Act;

insert

paragraphs 19 (1) (a), (c) and (e)-(j) inclusive of the RAO Schedule;

[21]Schedule 1, Form R62

omit

[*Note: This application must be signed by 2 or more officers of the association, including the officer who makes the statutory declaration required by paragraph 33 (1) (b) of the Regulations.]

insert

*Note This application must be signed by a person authorised to sign the application and be accompanied by the declaration required by paragraph 21 (1) (b) of the RAO Regulations.

[22]Schedule 1, Form R63, heading

substitute

Form R63Application by an association of employees (other than an enterprise association) for registration as an organisation

(regulation 21 (RAO Regulations))

[23]Schedule 1, Form R63

omit

paragraphs 189 (1) (a), (aa) and (c)-(j) inclusive of the Act;

insert

paragraphs 19 (1) (a), (b) and (d)-(j) inclusive of the RAO Schedule;

[24]Schedule 1, Form R63

omit

[*Note: This application must be signed by 2 or more officers of the association, including the officer who makes the statutory declaration required by paragraph 33 (1) (b) of the Regulations.]

insert

*Note This application must be signed by a person authorised to sign the application and be accompanied by the declaration required by paragraph 21 (1) (b) of the RAO Regulations.

[25]Schedule 1, Form R64, heading

substitute

Form R64Application by an enterprise association of employees for registration as an organisation

(regulation 21 (RAO Regulations))

[26]Schedule 1, Form R64

omit

subsection 189 (4) of the Act;

insert

section 20 of the RAO Schedule;

[27]Schedule 1, Form R64

omit

[*Note: This application must be signed by 2 or more officers of the association, including the officer who makes the statutory declaration required by paragraph 33 (1) (b) of the Regulations.]

insert

*Note This application must be signed by a person authorised to sign the application and be accompanied by the declaration required by paragraph 21 (1) (b) of the RAO Regulations.

[28]Schedule 1, after Form 64

insert

Form R64ANotice of objection to the registration of an association

(regulation 23 (RAO Regulations))

Workplace Relations Act 1996

 

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

NOTICE OF OBJECTION TO THE REGISTRATION OF AN ASSOCIATION

 

IN the matter of:

 

[insert name of association seeking registration and case number]

 

Notice is given by [insert name and address of organisation, association or person interested in lodging the notice of objection] of objection to the registration of the association.

 

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

 

[Set out in numbered paragraphs the grounds of objection, the particulars of each ground of objection and briefly state the facts the objector relies on for each ground of objection.]

Dated

 

...............................................

Signature(s) or Common Seal

(see regulation 13 (RAO Regulations))

[29]Schedule 1, Form R65, heading

substitute

Form R65Application for leave to change name*/and to alter rules*

(regulation 27 (RAO Regulations))

[30]Schedule 1, after Form R65

insert

Form R65AApplication for cancellation of registration

(paragraph 34 (1) (a) (RAO Regulations))

 

Workplace Relations Act 1996

 

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

Application for Cancellation of Registration

 

Application is made by [name of organisation] under paragraph 30 (1) (a) of the RAO Schedule for the cancellation of its registration.

 

The full particulars of the circumstances that entitle the organisation to make the application are as follows:

[set out the full particulars]

 

Dated

20 .

 

[Signatures or Common Seal]*

*

An application must be sealed with the common seal of the organisation or be signed by a person authorised to sign the application.

Note The application is to be accompanied by a declaration signed by an officer of the organisation authorised to sign the declaration verifying the facts stated in the application.

Form R65BNotice of objection to the cancellation of registration

(paragraph 34 (5) (a) (RAO Regulations))

 

Workplace Relations Act 1996

 

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

Notice Of Objection to the Cancellation of REGISTRAtioN OF an Organisation

IN the matter of:

[insert name of organisation seeking cancellation and case number]

Notice is given by [insert name and address of person interested in lodging the notice of objection] of objection to the cancellation of registration of the organisation.

 

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

 

[Set out in numbered paragraphs the grounds of objection, the particulars of each ground of objection and briefly state the facts the objector relies on for each ground of objection.]

Dated

20 .

 

...............................................

Signature(s) or Common Seal

(see regulation 13 (RAO Regulations))

Form R65CApplication for cancellation of registration

(paragraph 35 (1) (a) (RAO Regulations))

 

Workplace Relations Act 1996

 

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

Application for Cancellation of Registration OF an Organisation

 

Application is made by [insert name of organisation, personinterested or Minister making application] under paragraph 30 (1) (b) of the RAO Schedule for the cancellation of the registration of the [insert name of organisation].

 

The full particulars of the circumstances that entitle the applicant to make the application are as follows:

 

[set out the full particulars]

 

Dated

20 .

 

...............................................

Signature(s) or Common Seal

(see regulation 13 (RAO Regulations))

 

Note The application is to be accompanied by a declaration signed by the applicant or a person authorised by the applicant verifying the facts stated in the application.

Form R65DNotice of objection to the cancellation of registration

(paragraph 36 (4) (a) (RAO Regulations))

 

Workplace Relations Act 1996

 

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

Notice Of Objection To the Cancellation of REGISTRATION OF an Organisation

 

IN the matter of:

 

[insert name of organisation subject to the application for cancellation and case number]

Notice is given by [insert name and address of person interested in lodging the notice of objection] of objection to the cancellation of the organisation.

 

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

 

[Set out in numbered paragraphs the grounds of objection, the particulars of each ground of objection and briefly state the facts the objector relies on for each ground of objection.]

 

Dated

20 .

 

...............................................

Signature(s) or Common Seal

(see regulation 13 (RAO Regulations))

Form R65EBallot paper chosen by organisation in relation to proposed amalgamation

(paragraph 60 (2) (a) (RAO Regulations))

 

Workplace Relations Act 1996

 

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

BALLOT OF MEMBERS OF

 

(Name of organisation whose members are voting)

(Initials, or facsimile of initials, of the person conducting the ballot)

 

BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION

 

Directions to voter

1. Record your vote on the ballot paper as follows:

 

if you approve the amalgamation referred to in the question set out below, place a tick (‘ü’) or a cross (‘´’) in the space provided opposite the word ‘YES’;

 

if you do not approve the amalgamation referred to in the question set out below, place a tick (‘ü’) or a cross (‘´’) in the space provided opposite the word ‘NO’.

 

2. Do not place on this paper any mark or writing by which you may be identified.

 

3. Mark only one square.

QUESTION FOR VOTERS:

 

DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organisation whose members are voting) WITH THE FOLLOWING ORGANISATION(S), NAMELY, (name of organisation or each organisation with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF THE OUTLINE OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER?

YES

NO

Form R65FBallot paper in relation to proposed amalgamation

(paragraph 60 (2) (b) (RAO Regulations))

 

Workplace Relations Act 1996

 

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

BALLOT OF MEMBERS OF

 

(Name of organisation whose members are voting)

(Initials, or facsimile of initials, of the person conducting the ballot)

 

BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION

 

Directions to voter

1. Record your vote on the ballot paper as follows:

 

if you approve the amalgamation referred to in the question set out below, write ‘YES’ in the space provided opposite the question;

 

if you do not approve the amalgamation referred to in the question set out below, write ‘NO’ in the space provided opposite the question.

 

2. Do not place on this paper any mark or writing by which you may be identified.

 

QUESTION FOR VOTERS:

 

DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organisation whose members are voting) WITH THE FOLLOWING ORGANISATION(S), NAMELY, (name of organisation or each organisation with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF THE OUTLINE OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER?

Form R65GBallot paper chosen by organisation and containing an alternative provision in relation to proposed amalgamation

(paragraph 60 (3) (a) (RAO Regulations))

 

Workplace Relations Act 1996

 

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

BALLOT OF MEMBERS OF

 

(Name of organisation whose members are voting)

(Initials, or facsimile of initials, of the person conducting the ballot)

 

BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION

 

Directions to voter

 

1. This paper contains [number] ballot papers. Record your vote on each ballot paper as follows:

 

if you approve the amalgamation referred to in the question set out in the ballot paper, place a tick (‘ü’) or a cross (‘´’) in the space provided opposite the word ‘YES’;

 

if you do not approve the amalgamation referred to in the question set out in the ballot paper, place a tick (‘ü’) or a cross (‘´’) in the space provided opposite the word ‘NO’.

 

2. Do not place on this paper any mark or writing by which you may be identified.

 

3. Mark only one square on each ballot paper.

  

QUESTION FOR VOTERS:

 

DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organisation whose members are voting) WITH THE FOLLOWING ORGANISATIONS NAMELY, (name of each organisation with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF THE OUTLINE OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER?

YES

NO

 

QUESTION FOR VOTERS:

 

IF THE PROPOSED AMALGAMATION IN RELATION TO WHICH YOU HAVE JUST RECORDED YOUR VOTE DOES NOT TAKE PLACE, DO YOU APPROVE THE AMALGAMATION OF (name of organisation whose members are voting) WITH THE OTHER ORGANISATIONS CONCERNED IN THE AMALGAMATION WHOSE MEMBERS GIVE A SIMILAR APPROVAL?

YES

NO

Form R65HBallot paper containing an alternative provision in relation to proposed amalgamation

(paragraph 60 (3) (b) (RAO Regulations))

 

Workplace Relations Act 1996

 

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

BALLOT OF MEMBERS OF

 

(Name of organisation whose members are voting)

(Initials, or facsimile of initials, of the person conducting the ballot)

 

BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION

 

Directions to voter

 

1. This paper contains [number] ballot papers. Record your vote on each ballot paper as follows:

 

if you approve the amalgamation referred to in the question set out in the ballot paper, write ‘YES’ in the space provided opposite the question;

 

if you do not approve the amalgamation referred to in the question set out in the ballot paper, write ‘NO’ in the space provided opposite the question.

2. Do not place on this paper any mark or writing by which you may be identified.

 

QUESTION FOR VOTERS:

 

DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organisation whose members are voting) WITH THE FOLLOWING ORGANISATION(S), NAMELY, (name of organisation with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF THE OUTLINE OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER?

 

QUESTION FOR VOTERS:

 

IF THE PROPOSED AMALGAMATION IN RELATION TO WHICH YOU HAVE JUST RECORDED YOUR VOTE DOES NOT TAKE PLACE, DO YOU APPROVE THE AMALGAMATION OF (name of organisation whose members are voting) WITH THE OTHER ORGANISATIONS CONCERNED IN THE AMALGAMATION WHOSE MEMBERS GIVE A SIMILAR APPROVAL?

[31]Schedule 1, Form 66

substitute

Form R66Application for consent to change the name of an organisation

(regulation 121 (RAO Regulations))

 

Workplace Relations Act 1996

 

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

Application for Consent to Change the Name of an Organisation

 

Application is made by [name of organisation] for consent to the change of the name of the organisation to:

[Set out proposed new name and the reason for the proposal]

Dated

20 .

 

[Signature or Common Seal]

 

* An application must be sealed with the common seal of the organisation or be signed by a person authorised to sign the application.

 

Note The application is to be accompanied by a declaration that the change or alteration was made in accordance with the rules of the organisation and stating the action taken under those rules to make the change and verifying the facts stated in the application.

[32]Schedule 1, Form R67

substitute

Form R67Application for consent to the alteration of eligibility rules of an organisation

(regulation 121 (RAO Regulations))

 

Workplace Relations Act 1996

 

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

Application for Consent to the Alteration of Eligibility Rules of an Organisation

 

Application is made by [name of organisation] for consent to the alteration of the eligibility rules of the organisation to the following:

 

[Insert proposed rules that relate to the conditions of eligibility for membership and the description of industry (if any) in connection with which the organisation is registered as if the application had been granted and the alterations to the rules were in force, showing in distinctive characters each alteration for which consent is sought.]*

 

Dated

 

[Signature or Common Seal] **

*Each alteration for which consent is sought must be highlighted using distinctive characters. For example, deleted or replaced text may be highlighted using strikethrough formatting and new text may be highlighted using underlining or italics (provided there is no ambiguity with the formatting).

 

** An application must be sealed with the common seal of the organisation or be signed by a person authorised to sign the application.

 

Note The application should also set out, in sufficient particularity to allow the proposal to be properly considered, the following:

1. the particulars of the proposed alteration;

2. the reason for the proposed alteration;

3. the effect of the proposed alteration;

and be accompanied by a declaration that the alteration was made in accordance with the rules of the organisation and stating the action taken under those rules to make the alteration and verifying the facts stated in the application.

[33]Schedule 1, Form R68, heading

substitute

Form R68Application for certificate under section 180 of the RAO Schedule

(regulation 128 (RAO Regulations))

[34]Schedule 1, Form R68

omit

SECTION 267

insert

SECTION 180 OF THE RAO SCHEDULE

[35]Schedule 1, Form R68

omit

section 267 of the Workplace Relations Act 1996,

insert

section 180 of the RAO Schedule,

[36]Schedule 1, Form R68

omit

paragraph 188 (1) (a) or 188 (1) (b) of the Act.

insert

paragraph 18 (1) (a) or 18 (1) (b) of the RAO Schedule.

[37]Schedule 1, Form R69, heading

substitute

Form R69Application for renewal of certificate under section 180 of the RAO Schedule

(regulation 129 (RAO Regulations))

[38]Schedule 1, Form R69

omit

SECTION 267

insert

SECTION 180 OF THE RAO SCHEDULE

[39]Schedule 1, Form R69

omit

section 267 of the Workplace Relations Act 1996,

insert

section 180 of the RAO Schedule,

[40]Schedule 1, Form R69

omit

paragraph 188 (1) (a) or 188 (1) (b) of the Act.

insert

paragraph 18 (1) (a) or 18 (1) (b) of the RAO Schedule.

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; 2003 Nos. 6 and 7.

2. Notified in the Commonwealth of Australia Gazette

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