Australian Industrial Relations Commission Rules 1998 (Cth)

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Australian Industrial Relations Commission Rules 1998

Statutory Rules 1998 No. 1 as amended

made under the

Workplace Relations Act 1996

This compilation was prepared on 1 July 2005

taking into account amendments up to SLI 2005 No. 151

Prepared by the Office of Legislative Drafting and Publishing,

Attorney-General’s Department, Canberra

Contents

Preliminary

  1Name of rules [see Note 1]

 These rules are the Australian Industrial Relations Commission Rules 1998.

2Commencement

 These Rules commence on 2 February 1998.

3Interpretation

 In these Rules:

Act means the Workplace Relations Act 1996.

Australian Industrial Registry Bulletin means the publication prepared and published by the Registrar, setting out:

  • (a)

    notices required by these Rules to be published in that Bulletin; and

  • (b)

    other information concerning notice of matters before the Commission or the practice and procedure of the Commission.

OHS (CE) Act means the Occupational Health and Safety (Commonwealth Employment) Act 1991.

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

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

Regulations means the Workplace Relations Regulations 1996.

4Seals of Commission

(1)The seal mentioned in subsection 47 (1) of the Act must be:

  • (a)

    in the form represented below; and

  • (b)

    kept in the custody of the President; and

  • (c)

    affixed to these Rules and other documents, as the President directs.

(2) A duplicate seal mentioned in subsection 47 (2) of the Act must be affixed to such documents as the Commission directs.

(3)The Deputy Industrial Registrar in charge of a registry must have custody of a seal that must:

  • (a)

    as nearly as practicable, be of the same design as the design of the seal of the Commission; and

  • (b)

    in respect of the Principal Registry — bear the words “Principal Registry”; and

  • (c)

    in respect of any other registry — bear the word “Registry” prefixed with the name of the State or Territory where the registry is situated.

(4)A seal of the kind described in subrule (3) must be affixed, by the appropriate registry, to:

  • (a)

    a decision, determination, award or order that has been reduced to writing under section 143 of the Act; and

  • (b)

    a certified agreement; and

  • (c)

    any other document, as the Commission directs.

  • (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.

5Forms

(1) Subject to subrule (3), a form in Schedule 1 must be used if it is applicable.

(2)An application for which no form is provided in the Regulations, the RAO Regulations or these Rules must:

  • (a)

    set out the name of the applicant; and

  • (b)

    set out the nature of the matter and the grounds on which the application is made; and

  • (c)

    be lodged in the Industrial Registry.

(3)It is sufficient compliance with these Rules as to the form of a document if the document is substantially in accordance with the required form of the document or has only such variations as the nature of the case requires.

6Relief from Rules

 The Commission may dispense with compliance with any of the requirements of these Rules before or after the occasion for compliance arises.

7Directions on manner and form of procedure

(1) If:

  • (a)

    a person wishes to commence a proceeding or take any step in a proceeding; and

  • (b)

    either:

    • (i)

      the manner, or form, of procedure is not prescribed by the Act, the Regulations, the RAO Regulations or these Rules or by or under any other Act; or

    • (ii)

      the person is in doubt as to the manner, or form, of procedure;

the Commission may, on application by the person, give directions.

(2)A proceeding commenced in accordance with a direction of the Commission is well commenced.

(3)A step taken in accordance with a direction of the Commission is regular and sufficient.

Australian Industrial Relations Commission

  8Commission acting on own motion

(1)If the Commission acts on its own motion under section 33 of the Act, the Commission must notify a Registrar in writing.

  • (2)

    The Registrar notified under subrule (1) must process the matter as if it were an application under section 113 of the Act.

(3)If the Commission acts on its own motion under section 127 of the Act, the Commission must notify a Registrar in writing.

(4)The Registrar notified under subrule (3) must process the matter as if it were an application under subsection 127 (2) of the Act.

(5)If the Commission acts on its own initiative under subparagraph 170MW (8) (b) (i) of the Act, the Commission must notify a Registrar in writing of its action.

(6)The Registrar notified under subrule (5) must process the matter as if it were an application under subparagraph 170MW (8) (2) (ii) of the Act.

9Assignment of industries and members

(1)If the President assigns an industry or group of industries to a panel of members of the Commission under section 37 of the Act, the President must record the assignment in writing.

(2)If the President assigns a Presidential Member to the Organisations Panel under section 14 of the RAO Schedule, the President must record the assignment in writing.

  • (3)

    A record of an assignment made under subrule (1) or (2) must be kept by the Industrial Registrar.

10Delegation by President

If the President makes a delegation under section 40 of the Act, a copy of the instrument of delegation must be kept by the Industrial Registrar.

11Appeals to Full Bench

(1)An appeal to a Full Bench under section 45 or 45A of the Act must be instituted by lodging with a Registrar a notice of appeal in accordance with FormR1 and 3 copies of the notice, together with 3 copies of:

  • (a)

    the award, order, decision or opinion under appeal; and

  • (b)

    the transcript of the evidence and argument in the proceedings from which the appeal is brought, or the relevant extract from the transcript; and

  • (c)

    each document that:

    • (i)

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

    • (ii)

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

  • (d)

    the statement of the reasons for the award, order, decision or opinion.

(2) An appeal must be instituted:

  • (a)

    before the end of 21 days after the date of the award, order, decision or opinion appealed against; or

  • (b)

    if a request for a statement of reasons has been made under rule 46 — before the end of 21 days after the date on which the statement of reasons is given; or

  • (c)

    on application — within such further time as is allowed by a Full Bench.

(3)An application to a Full Bench for leave to institute an appeal after the 21 days mentioned in paragraph (2) (a) or (b) must be in accordance with Form R2.

(4)If an appellant seeks a stay of the whole or part of the award, order or decision pending the determination of the appeal, the notice of appeal must include an application to that effect.

(5) On lodging a notice of appeal, the appellant must, as soon as practicable, serve:

  • (a)

    a copy of the notice of appeal and the documents lodged in accordance with subrule (1) on the other parties, and any intervener, in the proceedings from which the appeal is brought; and

  • (b)

    except in the case of an appeal against an order under Subdivision B of Division 3 of Part VIA of the Act, a copy of the notice of appeal on the Minister.

(6)On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice of the time and place so fixed to:

  • (a)

    the appellant; and

  • (b)

    the other parties, and any intervener, who appeared in the proceedings from which the appeal is brought; and

  • (c)

    such other persons, if the Commission so directs; and

  • (d)

    except in the case of an appeal against an order under Subdivision B of Division 3 of Part VIA of the Act, the Minister.

Australian Industrial Registry

  12References by Registrar

 If a Registrar refers a matter or question to the President for decision under section 79 of the Act, the Commission must:

  • (a)

    fix a time and place for the hearing; and

  • (b)

    give any directions to a Registrar that it thinks proper for notifying persons interested in the matter or question of the time and place so fixed.

13Appeals from Registrar
  • (1)

    An appeal from a Registrar under section 81 of the Act must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R3.

(2)An appeal must be made before the end of 21 days after the date of the decision or act appealed against, or of the Registrar’s refusal or failure to make a decision or do any act arising under the Act.

(3)If an appellant seeks a stay of the whole or part of the decision or act concerned pending the determination of the appeal, the notice of appeal must include an application to that effect.

(4)On lodging a notice of appeal, the appellant must, as soon as practicable, serve a copy of the notice on the other parties, and any intervener, in the proceedings from which the appeal is brought.

(5)On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice of the time and place so fixed:

  • (a)

    to the appellant; and

  • (b)

    as the presiding member directs, to the other parties, and any intervener, who appeared in the proceedings from which the appeal is brought; and

  • (c)

    to such other persons, if the Commission so directs.

(6) The Registrar against whose decision the appeal is made may, if the Commission thinks fit, be heard on the hearing of the appeal.

Dispute prevention and settlement

  14Notification of industrial dispute relating to log of claims

(1) A notification of an industrial dispute under section 99 of the Act arising out of service of a log of claims must be in accordance with Form R4.

(2) The notification must be accompanied by:

  • (a)

    a copy of the letter of demand; and

  • (b)

    a copy of the log of claims; and

  • (c)

    a copy of the list of persons served in accordance with these Rules; and

  • (d)

    a statement, by a person having knowledge of the facts, asserting the service; and

  • (e)

    a statement, by an officer of the organisation serving the log of claims having knowledge of the facts and authorised for the purpose by the committee of management of the organisation, that the letter of demand and log of claims were served with the authority of the organisation.

15Notification of other industrial disputes

(1)A notification of an industrial dispute, other than a dispute of the kind mentioned in rule 14, may be given orally, in writing, by facsimile transmission or other similar means.

(2) The notification must disclose:

  • (a)

    the parties to the alleged industrial dispute; and

  • (b)

    the matters in dispute; and

  • (c)

    the titles of awards concerned (if any); and

  • (d)

    any other relevant information.

(3)If the Commission is being asked to deal with the matter on the basis of an earlier finding of dispute, the case number of that dispute must be stated.

(4)If an oral notification is given, the notifier must confirm the notification in accordance with Form R4.

16Notice of hearing of dispute

(1)On the Commission fixing a time and place for the hearing of an industrial dispute, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to the notifier.

(2)If the dispute is a dispute of the kind mentioned in rule 14, the notifier must serve a copy of the notice mentioned in subrule (1), and a notice in accordance with FormR5, on each person alleged to be a party to the dispute.

(3)If the dispute is a dispute of the type mentioned in rule 15, a Registrar must give notice, as the Commission directs, to each person alleged to be a party to the dispute.

(4)A Registrar must give a notice of hearing of a dispute to the Minister, if the dispute is to be dealt with by a Full Bench.

17Reference of disputes to Full Bench
  • (1)

    A decision of the President on an application under section 107 of the Act must be recorded in writing.

  • (2)

    A copy of the decision must be kept by a Registrar with the documents relating to the proceedings.

18President dealing with proceedings
  • (1)

    If the President decides to deal with a proceeding under section 108 of the Act, the President must record the decision in writing.

  • (2)

    A copy of the decision must be kept by a Registrar with the documents relating to the proceedings.

19Review on application by Minister

The procedure to be followed in an application under section 109 of the Act must be generally in accordance with the procedure prescribed by rule 11.

20Award by consent of parties

(1)If, in settlement (or part settlement) of matters in dispute, parties to a dispute seek the making of an award by consent under paragraph 111 (1) (b) of the Act, the parties must lodge a copy of the proposed award with the member of the Commission or a Full Bench, as the case may be, hearing the dispute.

(2)Each party to the proposed award by consent must also lodge a written statement, signed by the party or a person duly authorised by the party to do so, stating that the terms of the proposed award by consent have been approved by the party.

21Commission to cease dealing with industrial dispute in certain circumstances

(1)An application under section 111AAA of the Act for the Commission to cease dealing with the whole, or part, of an industrial dispute in relation to particular employees must:

  • (a)

    be in writing; and

  • (b)

    state the grounds and facts on which the application is made.

  • (2)

    If the application is made to a member of the Commission other than the President, the member must refer the application to the President.

  • (3)

    If the President makes a decision under subsection 36 (3) of the Act, the President must record the decision in writing.

  • (4)

    A copy of the decision must be kept by a Registrar with the documents relating to the proceedings.

22Application to set aside or vary awards

 (1)Subject to rule 23, an application to set aside or vary an award under section 113 of the Act must be in accordance with Form R6.

 (2)On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

 (3)The applicant must serve a copy of the application and of the completed notice of hearing on the other parties to the award.

23Application for variation of award to give effect to agreement negotiated under enterprise flexibility provision
  • (1)

    An application under section 113 of the Act for variation of an award, as it applies to an enterprise or workplace, for the purpose of giving effect to an agreement made under a provision included in the award under section 113A of the Act must be:

    • (a)

      in accordance with Form R7; and

    • (b)

      accompanied by a copy of the agreement.

(2)Each party to the agreement must lodge with the application a statutory declaration, made by the party or a person authorised by the party to do so:

  • (a)

    indicating the facts establishing the basis on which the Commission can be satisfied that the requirements of subsection 113B (2) of the Act have been met; and

  • (b)

    stating which organisations of employees are parties to the award and have a member or members whose employment would be regulated by the variation.

(3) On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice, as the Commission directs, of the time and place so fixed to:

  • (a)

    the parties to the agreement; and

  • (b)

    each organisation of employees that is a party to the award; and

  • (c)

    such other persons, if the Commission so directs.

24Application for orders in relation to representation rights of organisations of employees

(1)An application under section 133 of the RAO Schedule must be in accordance with Form R8.

(2)The applicant must serve a copy of the application on any organisation or person who may have an interest in the matter.

(3)On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice of the time and place so fixed to any organisation or person, as the Commission directs.

25Application for order to stop or prevent industrial action
  • (1)

    An application under subsection 127 (2) of the Act for an order to stop or prevent industrial action must be in accordance with Form R9.

(2)On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(3)The applicant must serve a copy of the application and of the completed notice of hearing on:

  • (a)

    each party to the industrial dispute who is directly affected, or likely to be directly affected, by the industrial action (if any); or

  • (b)

    each party to the negotiation or proposed negotiation of an agreement under Division 2 of Part VIB of the Act (if any); or

  • (c)

    if the industrial action relates to work regulated by an award or certified agreement — each organisation or employer bound by the award or certified agreement who is directly affected, or likely to be directly affected, by the industrial action.

  • (4)

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

    • (a)

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

    • (b)

      such other person or persons, as the Commission directs.

26Restraining State industrial authorities

(1)An application for an order under section 128 of the Act must be signed by, or on behalf of, the applicant and must state:

  • (a)

    the name of the State industrial authority concerned; and

  • (b)

    the name of the matter being dealt with, or about to be dealt with, by the authority; and

  • (c)

    whether it is a matter before the Commission, or a matter provided for in an award, order of the Commission or certified agreement, as the case may be; and

  • (d)

    the names of the parties; and

  • (e)

    the grounds in support of the application.

(2)An order restraining a State industrial authority must be served by a Registrar on the authority as soon as possible after the making of the order.

27Secret ballot

An application under section 136 of the Act must be in writing and signed by the members seeking a secret ballot.

28Notification of boycott disputes

 (1)A notification of a boycott dispute under section 157 of the Act must be in accordance with Form R10.

(2)If the notification is given to the President, the President must give the notification to a Registrar as soon as practicable.

(3)The Registrar must immediately send (by facsimile or otherwise) a copy of the notification:

  • (a)

    to each person identified in the notification; and

  • (b)

    to the Australian Competition and Consumer Commission, if a party to the proceedings before the Court; and

  • (c)

    to such other persons, if the Commission so directs.

29Notice to bring action in tort

(1) A written notice under subsection 166A (3) of the Act to a member of the Commission, or a Registrar, about an intention to bring an action in tort must be:

  • (a)

    in accordance with Form R11; and

  • (b)

    accompanied by a statement, by a person having knowledge of the facts, asserting service under subrule (2).

(2)Before giving the written notice to a member of the Commission or a Registrar, the notifier must, in accordance with paragraph 72 (2) (a), (b) or (c), serve a copy of the notice on each organisation of employees, and each of its officers or employees (if any), mentioned in the notice.

(3)Immediately after receipt of the written notice:

  • (a)

    the member of the Commission, or the Registrar, to whom the notice is given must endorse the notice with the time and date of its receipt; and

  • (b)

    if the notice is given to a member of the Commission — the member must give the notice to a Registrar.

  • (3A)

    The Registrar must immediately send a copy of the notice endorsed in accordance with paragraph (3) (a) to:

    • (a)

      the notifier; and

    • (b)

      each organisation of employees, and each of its officers or employees (if any), mentioned in the notice.

  • (3B)

    On the Commission fixing a time and place for the hearing of the matter, a Registrar must give notice, as directed by the Commission, of the time and place fixed for the hearing of the matter.

(4)If the Commission issues a certificate under subsection 166A (6) of the Act, the Registrar must:

  • (a)

    keep the certificate; and

  • (b)

    give a copy of the certificate to the persons or organisations of employees mentioned in the certificate.

30Reference of dispute to State authority for determination

If the President refers an industrial dispute to a State authority under section 174 of the Act, the President must give the Industrial Registrar the particulars of the dispute referred, and the name of the authority to which it was referred.

31Application for cancellation or suspension of award

(1)An application under section 187 of the Act to cancel or suspend an award must be in accordance with Form R12.

(2)On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(3)The applicant must serve a copy of the application and of the completed notice of hearing on the other parties to the award.

32Register of Findings of Industrial Dispute

(1)The Industrial Registrar must keep, at the Principal Registry, a Register of Findings of Industrial Disputes.

(2)The Industrial Registrar must record in the Register the following particulars in relation to all disputes that are considered by the Commission, under subsection 101 (1) of the Act, to be industrial disputes:

  • (a)

    the parties to the dispute;

  • (b)

    the matters in dispute;

  • (c)

    the findings of the Commission in relation to the dispute.

(3)The Register of Findings of Industrial Disputes must be open for inspection at any time that the Principal Registry is required to be open to the public.

Minimum entitlements of employees

  33Application for order requiring equal remuneration for work of equal value

(1)An application under section 170BD of the Act for an order requiring equal remuneration for work of equal value must be in accordance with Form R13.

(2) The applicant must, if practicable:

  • (a)

    state in the application whether the Commission is to be asked to exercise the power under section 170BI of the Act; and

  • (b)

    if the Commission is to be asked to exercise that power — identify the dispute that will be prevented by making the order, and the likely parties to the dispute.

(3)On the Commission fixing a time and place for the hearing of the application, a Registrar must:

  • (a)

    publish in the Australian Industrial Registry Bulletin a notice in accordance with Form R14; and

  • (b)

    give a copy of the notice to the applicant; and

  • (c)

    give additional notice, as the Commission directs.

(4)The applicant must serve a copy of the application, and a notice in accordance with Form R14, on:

  • (a)

    each trade union whose rules entitle it to represent the industrial interests of any employee concerned; and

  • (b)

    each organisation or association representing the employer of such an employee; and

  • (c)

    the Sex Discrimination Commissioner; and

  • (d)

    such other persons, if the Commission so directs.

(5)If the Commission makes an order under section 170BC of the Act and directs that the order be published, a Registrar must publish the order in the Australian Industrial Registry Bulletin and in any other way that the Commission directs.

(6)Before making an order exercising the power under section 170BI of the Act, the Commission must make a written record of the likely industrial dispute to be prevented, and the likely parties to the dispute.

34Application for employment termination order creating rules of general application

(1)An application under section 170FB of the Act for an employment termination order by the Commission that will, if made, create a rule of general application must be in accordance with Form R15.

(2)On the Commission fixing a time and place for the hearing of the application, a Registrar must:

  • (a)

    publish in the Australian Industrial Registry Bulletin a notice in accordance with Form R16; and

  • (b)

    give a copy of the notice to the applicant; and

  • (c)

    give additional notice, as the Commission directs.

(3)The applicant must serve a copy of the application, and a notice in accordance with Form R16, on:

  • (a)

    each trade union whose rules entitle it to represent the industrial interests of any employee concerned; and

  • (b)

    each organisation or association representing the employer of such an employee; and

  • (c)

    such other persons, if the Commission so directs.

(4)If the Commission makes an order under section 170FA of the Act and directs that the order be published, a Registrar must publish the order in the Australian Industrial Registry Bulletin and in any other way that the Commission directs.

35Orders by Commission if employer fails to consult trade union about terminations

(1)An application for an order under section 170GA of the Act (that is, where an employer has failed to consult about termination) must be in accordance with Form R17.

(2)The applicant must serve a copy of the application on the employer and on each trade union that could, under section 170GB of the Act, also have made an application.

(3)On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice of the time and place so fixed to:

  • (a)

    the applicant; and

  • (b)

    the employer; and

  • (c)

    each trade union to which subrule (2) applies.

36Register of orders made under Part VIA of the Act – Minimum Entitlements of Employees

(1)The Industrial Registrar must keep, at the Principal Registry, a Register of orders made by the Commission under Part VIA of the Act (except orders made under Subdivision B of Division 3 of that Part).

(2)The Register may be inspected by any person at any time that the Principal Registry is required to be open to the public.

Termination of employment

  37Form of application under section 170CE of the Act

(1)An application under section 170CE of the Act must be:

  • (a)

    made:

    • (i)

      if the application is made on a ground mentioned in subsection 170CE (1) of the Act — in accordance with Form R18; or

    • (ii)

      if the application is made only on the ground mentioned in subsection 170CE (2) of the Act — in accordance with Form R19; or

    • (iii)

      if the application is made by a trade union under subsection 170CE (3) of the Act — in accordance with FormR20; or

    • (iv)

      if the application is made by an inspector, trade union, or officer or employee of a trade union under subsection 170CE (4) of the Act — in accordance with FormR19; and

  • (b)

    lodged in the Industrial Registry.

(2)Subject to the payment of a filing fee in accordance with section 170CEAA of the Act, or if a Registrar has waived payment of the fee, an application may be lodged personally or by post or facsimile transmission.

(3)An application mentioned in subparagraph (1) (a) (i) or (ii) that is not signed by the applicant may be accepted if the application is made by a solicitor, trade union or other representative of the applicant.

(4) An application that is lodged out of time must include a statement of the reasons why the Commission should accept the application.

38Notice of employer’s appearance
  • (1)

    An application lodged under subrule 37 (1) is answered by the employer filing a notice of appearance in accordance with Form R21.

  • (2)

    The notice of appearance:

    • (a)

      must be filed before the end of 7 days after service of the application on the employer by the Registry; and

    • (b)

      may be filed personally or by post or facsimile transmission.

  • (2A)

    A motion to dismiss the application for want of jurisdiction:

    • (a)

      must be made in accordance with Form R21A; and

    • (b)

      is taken to be made on the date of filing.

  • (3)

    After filing a notice of appearance and any motion for dismissal of the application, an employer must immediately give to the applicant personally, or by post or facsimile transmission, at his or her address for service, a copy of the notice and motion.

  • (4)

    If possible, a Registrar must give a copy of the employer’s notice of appearance and any motion to the parties at the same time as the parties are first given notice under rule 41.

  • (5)

    A notice that is not signed by the employer may be accepted if the notice is prepared by a solicitor, employer organisation or other representative of the employer. 

  • (6)

    The Commission may permit an employer to appear (at any stage of a conciliation, arbitration or related proceeding under Subdivision B of Division 3 of Part VIA of the Act) despite the employer’s failure to file a notice of appearance.

39Notice of representative’s appearance

(1) A person representing a party to a conciliation, arbitration or related proceeding under Subdivision B of Division 3 of Part VIA of the Act, may enter an appearance by filing a notice of representative’s appearance in accordance with FormR22.

(2) The notice may be filed before the date fixed for the conciliation, arbitration or related proceeding, and may be filed personally or by post or facsimile transmission.

(3) After filing a notice of representative’s appearance, a person representing a party must immediately give to the other party personally, or by post or facsimile transmission, at the other party’s address for service, a copy of the notice.

(4)If a Registrar is able, the Registrar must give a copy of the notice of representative’s appearance to the parties at the same time as the parties are first given notice of the time and place fixed for the conciliation, arbitration or related proceeding under rule 41.

(5)The Commission may permit a representative to appear (at any stage of a conciliation, arbitration or related proceeding) on behalf of a party despite the representative’s failure to file a notice of representative’s appearance.

(6)A notice of change of representative’s appearance is entered by filing a notice in accordance with Form R22.

40Role of representative

 (1)A person representing an applicant must:

  • (a)

    promptly advise the applicant of the importance of the applicant being present in person at the conciliation proceeding; and

  • (b)

    have sufficient authority to deal with the matter on behalf of the applicant.

 (2)A person representing the employer must:

  • (a)

    promptly advise the employer of the importance of the employer, or a responsible officer of the employer, being present at the conciliation proceeding; and

  • (b)

    have sufficient authority to deal with the matter on behalf of the employer.

41Notice of conciliation, arbitration or related proceeding

(1) Subject to subrule (4), for the purposes of conducting a conciliation, arbitration or related proceeding under Subdivision B of Division 3 of Part VIA of the Act, the Commission must fix a time and place for the hearing of the matter to which an application under section 170CE of the Act relates.

(2) On the Commission fixing a time and place for the hearing of the matter, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to the parties to the application.

(3) The Commission may direct that additional documentation, as it considers necessary, must accompany the notice given under subrule (2).

(4) Nothing in this rule prevents the Commission from conciliating a matter otherwise than by convening a hearing.

(5) For this rule, hearing includes a conference, or a proceeding conducted in private.

42Settlement by conciliation

 If a matter is settled by conciliation under subsection 170CF (1) of the Act, the Commission must require the parties to reduce the terms of settlement to writing, if it is practicable to do so.

43Discontinuance of matter

(1) For subsection 170CE (9) of the Act, an applicant may discontinue a matter by filing a notice of discontinuance in accordance with Form R23.

 (2)The notice may be filed personally or by post or facsimile transmission.

  • (3)

    After filing a notice of discontinuance, an applicant must immediately give to the employer personally, or by post or facsimile transmission, at the employer’s address for service, a copy of the notice.

44Issue of certificate under section 170CF of the Act

(1)A certificate under section 170CF of the Act:

  • (a)

    must be signed by a member of the Commission; and

  • (b)

    may be in accordance with FormR24.

(2)If the Commission issues a certificate under section 170CF of the Act, the Commission must give:

  • (a)

    a copy of the certificate to each of the parties; and

  • (b)

    the certificate to a Registrar.

45Election to proceed to arbitration or to begin court proceedings

 (1)An election by an applicant under section 170CFA of the Act must be:

  • (a)

    in accordance with Form R25; and

  • (b)

    lodged in the Industrial Registry.

  • (2)

    The election must be lodged before the end of 7 days after the day the certificate is issued by the Commission under section 170CF of the Act, and may be lodged personally or by post or facsimile transmission.

 (3)An election that is lodged out of time must include a statement of the reasons why it would be unfair for the Commission not to accept the election.

  • (4)

    After lodging an election, an applicant must immediately give to the employer personally, or by post or facsimile transmission, at the employer’s address for service, a copy of the notice of election.

46Reasons for decision

(1)If the Commission makes a decision under Subdivision B of Division 3 of Part VIA of the Act, a party to the proceedings may request, in writing, the member of the Commission who made the decision to give to the party a statement of the reasons for the decision.

(2)A request for a statement of reasons must be made before the end of 7 days after the date of the decision.

47Costs
  • (1)

    An application for an order for costs under section 170CJ of the Act must be made in accordance with Form R26.

  • (2)

    The Commission may order that costs be taxed in accordance with Schedule 5 to the Regulations.

  • (3)

    The Commission may allow an item of work done or service performed to be costed at a lower rate than the rate (if any) specified for the item in Schedule 5 to the Regulations, if the lower rate is reasonable in the circumstances of the case.

  • (4)

    The power of the Commission to tax costs must be exercised only by a Presidential Member nominated, by signed instrument, by the President to be responsible for the exercise of the power.

47ASecurity for the payment of costs
  • (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.

  • (2)

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

  • (3)

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

  • (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.

  • (5)

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

    • (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

    • (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.

  • (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:

    • (a)

      the President; or

    • (b)

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

  • (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.

Certified agreements

  48Application for certification of agreement between constitutional corporation, or the Commonwealth, and organisation of employees (section 170LJ of the Act)

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

  • (a)

    in accordance with Form R27; and

  • (b)

    accompanied by:

    • (i)

      the agreement, signed by the parties; and

    • (ii)

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

    • (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.

(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 FormR28 made by the party or a person authorised by the party to do so.

(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:

  • (a)

    the parties to the agreement; and

  • (b)

    any other interested person, if the Commission so directs.

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:

  • (a)

    made in accordance with Form R28A; and

  • (b)

    accompanied by:

    • (i)

      the agreement, signed by the parties; and

    • (ii)

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

    • (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.

  • (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 FormR28B made by the party or a person authorised by the party.

  • (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:

    • (a)

      the parties to the agreement; and

    • (b)

      any other interested person, if the Commission so directs.

49Application for certification of agreement between constitutional corporation, or the Commonwealth, and employees (section 170LK of the Act)

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

  • (a)

    in accordance with Form R29; and

  • (b)

    accompanied by:

    • (i)

      the agreement, signed by:

      • (A)

        the employer; and

      • (B)

        if the agreement was negotiated by an employee acting on his or her own behalf and on behalf of other employees — that employee; and

    • (ii)

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

    • (iii)

      enough copies of the agreement to enable the Industrial Registry, in the event of certification of the agreement by the Commission, to provide a copy to:

      • (A)

        the employer; and

      • (B)

        if the agreement was negotiated by an employee acting on his or her own behalf and on behalf of other employees — that employee.

  • (2)

    The following persons must lodge with the application a statutory declaration in accordance with FormR30 made by the person, or another person authorised by that person, to do so:

    • (a)

      the employer, or, if subsection 170LB (2) of the Act applies, each employer or corporation, as the case requires;

    • (b)

      if the agreement was negotiated by an employee acting on his or her own behalf and on behalf of other employees — that employee.

  • (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:

    • (a)

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

    • (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

    • (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

    • (d)

      any other interested person, if the Commission so directs.

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

    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.

50Application for certification of agreement about industrial disputes and industrial situations (section 170LS of the Act)

(1)An application under Division 3 of Part VIB of the Act for the certification of an agreement that applies only to a single business, or part of a single business, between an employer and an organisation of employees must be:

  • (a)

    in accordance with Form R31; and

  • (b)

    accompanied by:

    • (i)

      the agreement, signed by the parties; and

    • (ii)

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

    • (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.

(2) Each party to the agreement must lodge with the application a statutory declaration in accordance with FormR32 made by the party or a person authorised by the party to do so.

(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:

  • (a)

    the parties to the agreement; and

  • (b)

    any other interested person, if the Commission so directs.

51Application for certification of multiple‑business agreement (section 170LC of the Act)

(1)An application under Part VIB of the Act for the certification of a multiple‑business agreement must be:

  • (a)

    in accordance with Form R33; and

  • (b)

    accompanied by:

    • (i)

      the agreement, signed by the parties; and

    • (ii)

      3 copies of the agreement, for the use of the Industrial Registry.

(2)Each party to the agreement must lodge with the application a statutory declaration made by the party or a person authorised by the party to do so.

(3) The statutory declaration must state:

  • (a)

    whether each of the requirements of Part VIB of the Act for certification of the agreement has been met; and

  • (b)

    the grounds on which, in the public interest, the Commission should certify the agreement.

(4)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:

  • (a)

    the parties to the agreement; and

  • (b)

    any other interested person or organisation of employees, if the Commission so directs.

51AApplication for an order about the extent to which successor employer is bound by certified agreement
  • (1)

    An application under section 170MBA of the Act must be in accordance with Form R33A.

  • (2)

    The applicant must lodge with the application a statutory declaration in accordance with Form R33B made by a person authorised by the applicant to do so.

 (3) Upon or before lodging the application, the applicant must give written notice of the application to persons or organisations as determined by subsection 170MBA (8) of the Act.

  • (4)

    On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice of the time and place so fixed to any persons or organisations, as the Commission directs.

52Extension of certified agreements

(1)An application under section 170MC of the Act for the approval of the Commission to extend the nominal expiry date of a certified agreement must be:

  • (a)

    in accordance with Form R34 and made by:

    • (i)

      the employer; or

    • (ii)

      if one or more organisations of employees are bound by the agreement — one of the organisations; and

  • (b)

    accompanied by:

    • (i)

      a statutory declaration, made by a person authorised to do so, that states the facts on the basis of which the Commission can be satisfied that the requirement of subsection 170MC (3) of the Act has been met; and

    • (ii)

      if one or more organisations of employees are bound by the agreement — a statement signed by the employer, and each organisation, that they agree to the extension.

(2)A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the application to:

  • (a)

    the employer; and

  • (b)

    if one or more organisations of employees are bound by the agreement — each organisation; and

  • (c)

    any other person subject to the agreement.

53Variation of certified agreement on application of employer or organisation

(1)An application under subsection 170MD (2) of the Act for the approval of the Commission to vary a certified agreement must be:

  • (a)

    in accordance with Form R35 and made by:

    • (i)

      the employer; or

    • (ii)

      if one or more organisations of employees are bound by the agreement — one of the organisations; and

  • (b)

    accompanied by:

    • (i)

      a copy of the variation or varied agreement; and

    • (ii)

      a statutory declaration, made by a person authorised to do so, that states the facts on the basis of which the Commission can be satisfied that the requirements of subsection 170MD (3) of the Act have been met; and

    • (iii)

      if one or more organisations of employees are bound by the agreement — a statement signed by the employer and each organisation that they agree to the variation.

(2)If subparagraph (1) (a) (i) applies, the statutory declaration accompanying the application must state whether the approval is sought in accordance with a request by one or more employees under subsection 170MDA (1) of the Act.

(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:

  • (a)

    the employer; and

  • (b)

    if one or more organisations of employees are bound by the agreement — each organisation; and

  • (c)

    any other interested person, if the Commission so directs.

54Variation of certified agreement on application of person bound by the agreement

(1)An application under subsection 170MD (6) of the Act for an order to vary a certified agreement must be in accordance with Form R36.

(2)On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(3)The applicant must serve a copy of the application and of the completed notice of hearing on the other persons bound by the certified agreement.

55Termination of certified agreement at any time

(1)An application under section 170MG of the Act for the approval of the Commission to terminate an agreement must be:

  • (a)

    in accordance with Form R37 and made by:

    • (i)

      the employer; or

    • (ii)

      if one or more organisations of employees are bound by the agreement — one of the organisations; and

  • (b)

    accompanied by:

    • (i)

      a statutory declaration, made by a person authorised to do so, that states the facts on the basis of which the Commission can be satisfied that the requirement of subsection 170MG (3) of the Act has been met; and

    • (ii)

      if one or more organisations of employees are bound by the agreement — a statement signed by the employer, and each organisation, that they agree to the termination.

(2)A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the application to:

  • (a)

    the employer; and

  • (b)

    if one or more organisations of employees are bound by the agreement — each organisation; and

  • (c)

    any other person subject to the agreement.

56Termination of certified agreement in public interest after nominal expiry date

(1)An application under subsection 170MH (1) of the Act to have an agreement terminated must be made in accordance with Form R38.

(2)If the application is made by an appointed representative of a majority of the employees whose employment is subject to the agreement, the application must be accompanied by a statutory declaration, made by the representative, that states the facts on the basis of which the Commission can be satisfied that the representative:

  • (a)

    has been appointed by the employees concerned; and

  • (b)

    is acting in accordance with their direction.

(3)A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the application to:

  • (a)

    the employer; and

  • (b)

    if one or more organisations of employees are bound by the agreement — each organisation; and

  • (c)

    any other person subject to the agreement.

57Termination of agreement in a way provided under agreement after nominal expiry date

(1)An application under subsection 170MHA (1) of the Act to have the termination of an agreement approved must be:

  • (a)

    in accordance with Form R39; and

  • (b)

    accompanied by a statutory declaration, made by a person authorised to do so, that states the facts on the basis of which the Commission can be satisfied that the requirements of paragraphs 170MHA (1) (a) and (b) of the Act have been met.

(2)A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the application to:

  • (a)

    the employer; and

  • (b)

    if one or more organisations of employees are bound by the agreement — each organisation; and

  • (c)

    any other person subject to the agreement.

58Notice of initiation of bargaining period

(1)A notice, under subsection 170MI (2) of the Act, initiating a bargaining period must be in accordance with Form R40.

  • (1A)

    For subsection 170MI (2) of the Act, a notice initiating a bargaining period may be given to each other negotiating party personally or by post or facsimile transmission.

(2)If the initiating party intends to ask the Commission to exercise its powers to try, by conciliation, to facilitate the making of an agreement under Part VIB of the Act, the notice must include a statement to that effect.

58ANotice of action to be taken

A notice, under subsection 170MO of the Act, of the intention to take action may be given to each other negotiating party personally or by post or facsimile transmission.

59Notice to Registrar of authorisation to engage in industrial action

(1)A notice to the Registrar, under section 170MR of the Act, of the giving of the authorisation to engage in industrial action must be in accordance with Form R41.

(2)The notice must be lodged promptly in the Industrial Registry.

60Application to suspend or terminate bargaining period

(1) An application to the Commission, under subsection 170MW (8) of the Act, to suspend or terminate a bargaining period must be in accordance with Form R42.

  • (1A)

    However, if subsection 170MW (8A) of the Act applies to the application, the application must be in accordance with Form R42A.

(2)The applicant must serve a copy of the application on the other negotiating parties.

(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 the negotiating parties.

60AApplication to prevent the initiation of a new bargaining period
  • (1)

    An application under subsection 170MWA (4) or (5) of the Act must be in accordance with Form R42B.

  • (2)

    The applicant must serve a copy of the application on the other former negotiating parties.

  • (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 the former negotiating parties.

61Application for revocation of an award made under section 170MX of the Act

(1)An application for revocation of an award made under section 170MX of the Act must be in accordance with Form R43.

  • (2)

    On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice of the time and place so fixed to such organisations and persons as the Commission directs.

62Request for Commission to terminate award made under section 170MX

(1)A request, under subsection 170MZ (5) of the Act, to terminate an award made under section 170MX of the Act must be in accordance with Form R44.

(2)On the Commission fixing a time and place for the hearing of the request, a Registrar must give notice of the time and place so fixed to such organisations and persons as the Commission directs.

63Application for the Commission to determine designated award for the purposes of certified agreement

(1)An application to the Commission, under subsection 170XF (2) of the Act, to determine a designated award must be in accordance with Form R45.

(2)The Commission may fix a time and place for the hearing of the application.

  • (3)

    If the Commission fixes a time and place for the hearing, a Registrar must give notice of the time and place so fixed to such organisations and persons as the Commission directs.

Miscellaneous

  64Summons to witness

(1)A summons, under paragraph 111 (1) (s) of the Act, may be issued only with the approval of a member of the Commission.

(2) The summons must be:

  • (a)

    in accordance with Form R46; and

  • (b)

    signed by a member of the Commission or a Registrar.

  • (3)

    Any number of persons may be included in the same summons.

(4) Service of the summons must be effected by serving on each person named in the summons a copy of the summons in accordance with rule 72.

65Variation of common rules
  • (1)

    For subsection 142 (4) of the Act, a notice of objection to a variation of a common rule must be in accordance with Form 60A.

  • (2)

    For subsection 142 (8) of the Act, the prescribed period is 28 days.

66Notice to Commission under dispute settling procedure in agreement
  • (1)

    A notice to the Commission, under a dispute settling procedure in an agreement, must be in accordance with FormR47.

(2)A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the notification to:

  • (a)

    the employer; and

  • (b)

    if one or more organisations of employees are bound by the agreement — each organisation; and

  • (c)

    any other person subject to the agreement.

66AApplication to terminate an Australian Workplace Agreement
  • (1)

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

    • (a)

      made in accordance with Form R47A; and

    • (b)

      accompanied by a copy of the Australian Workplace Agreement.

  • (2)

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

67Application to remove objectionable provision

(1)An application, under section 298Z of the Act, to vary an award or certified agreement must be in accordance with Form R48.

(2)On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(3)The applicant must serve a copy of the application and of the completed notice of hearing on the other parties to the award or persons bound by the certifed agreement, as the case requires.

68Application for minimum wage order for certain Victorian employees

 (1)An application, under section 501 of the Act, for a minimum wage order must be in accordance with Form R49.

 (2)On the Commission fixing a time and place for the hearing of the application, a Registrar must:

  • (a)

    publish a notice in accordance with FormR50 in the Australian Industrial Registry Bulletin; and

  • (b)

    give a copy of the notice to the applicant; and

  • (c)

    give additional notice as the Commission directs.

  • (3)

    The applicant must serve a copy of the application and of the notice in accordance with Form R50 on:

    • (a)

      each organisation that is entitled to represent the industrial interests of one or more of the employees within the work classification that is the subject of the application; and

    • (b)

      each organisation of which an employer of employees within the work classification is a member; and

    • (c)

      if the applicant is the employer of an employee or group of employees — the employee, or group of employees, within the work classification that is the subject of the application; and

    • (d)

      if the applicant is an employee, or a group of employees, within a work classification that is the subject of the application — the employer or employers of the employee or group of employees; and

    • (e)

      the Minister; and

    • (f)

      any other persons the Commission directs.

 (4)If the Commission makes an order under section 501 of the Act and directs that the order be published, a Registrar must publish the order in the Australian Industrial Registry Bulletin and in any other way that the Commission directs.

68AApplication for Supported Wage System – minimum wage order for certain Victorian employees
  • (1)

    An application under section 501A of the Act for an order that the Supported Wage System applies must be in accordance with Form R49A.

  • (2)

    On the Commission fixing a time and place for the hearing of the application, a Registrar must:

    • (a)

      publish a notice in accordance with Form R50A in the Australian Industrial Registry Bulletin; and

    • (b)

      give a copy of the notice to the applicant; and

    • (c)

      give additional notice as the Commission directs.

  • (3)

    The applicant must serve a copy of the application and the notice in accordance with Form R50A on:

    • (a)

      each organisation that is entitled to represent the industrial interests of 1 or more of the employees within the work classification that is the subject of the application; and

    • (b)

      each organisation of which an employer of employees within the work classification is a member; and

    • (c)

      if the applicant is the employer of an employee or group of employees — the employee, or group of employees, within the work classification that is the subject of the application; and

    • (d)

      if the applicant is an employee, or group of employees, within a work classification that is the subject of the application — the employer or employers of the employee or group of employees; and

    • (e)

      the Minister; and

    • (f)

      any other persons the Commission directs.

  • (4)

    If the Commission makes an order under section 501A of the Act and directs that the order be published, a Registrar must publish the order in the Australian Industrial Registry Bulletin and in any other way that the Commission directs.

69Settlement of award or order
  • (1)

    If a Full Bench directs that a draft award or order be settled by a Registrar, the party who was the applicant, or the party directed by the Full Bench, must, before the end of 14 days (or such further time as the Registrar allows) after the direction was given, lodge the draft award or order in the Industrial Registry.

 (2)If a member of the Commission directs a party to lodge a draft award or order, that party must, before the end of 14 days (or such further time as the member allows) after the direction was given lodge the draft award or order in the Industrial Registry.

  • (3)

    A Registrar must, before the end of 14 days after the draft award or order is lodged, give the parties notice of the Registrar’s intention to settle the draft.

  • (4)

    If the party who is required so to do fails to lodge the draft award or order within the time prescribed by this rule, the Registrar must give the parties notice of the Registrar’s intention to settle the draft.

(5)Despite subrule 70 (3), a draft award or order may be lodged on computer diskette.

70Documents

(1)Except as otherwise provided by these Rules, or as directed by the Commission, a document for use in the Commission must be lodged, with 2 copies, in the Industrial Registry.

(2)A document required to be lodged under Divisions 1 and 2 of Part VII, or Part VIII, of the Regulations must be lodged, with one copy, in the Industrial Registry.

(3)A document lodged for use in the Commission must be:

  • (a)

    on white international A4 size paper; and

  • (b)

    typewritten, clearly written or reproduced, on one side of the paper.

70AFiling and lodging electronically
  • (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)

    A document is lodged electronically in the Industrial Registry by:

    • (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

    • (b)

      emailing the document in accordance with subrule (3).

  • (3)

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

    • (a)

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

    • (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

    • (c)

      state, in the text body of the email:

      • (i)

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

      • (ii)

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

      • (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

      • (iv)

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

  • (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)

    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)

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

  • (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:

    • (a)

      signed or stamped by the Commission or Registry; and

    • (b)

      returnable to the lodging party;

a Registrar must:

  • (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

  • (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.

  • (8)

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

    • (a)

      keep a paper copy of the document; and

    • (b)

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

  • (9)

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

    • (a)

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

    • (b)

      the date and time that the document was sent electronically.

  • (10)

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

    • (a)

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

    • (b)

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

71Name and address of party

 Each document that is lodged by a party in connection with a matter before the Commission must state the name, and address for service, of the party.

72Service of documents

(1)Except as otherwise provided by these Rules, or as directed by the Commission, a party must serve a document lodged under these Rules.

(2)Service of a document on an individual, a body corporate or an organisation or branch of an organisation, must be effected by:

  • (a)

    leaving the document with the individual to whom it is addressed, the secretary of the body corporate or the secretary of the organisation or branch; or

  • (b)

    tendering the document to the individual to whom it is addressed, the secretary of the body corporate or the secretary of the organisation or branch; or

  • (c)

    leaving the document:

    • (i)

      with an individual, apparently above the age of 15 years, at the residence, or usual place of business, of the individual intended to be served; or

    • (ii)

      at the registered office of the body corporate or the office of the organisation or branch; or

    • (iii)

      in a proceeding in which the individual, body corporate or organisation or branch has lodged an address for service — at that address; or

  • (d)

    posting the document in a prepaid envelope sent by registered post to:

    • (i)

      the residence, or usual place of business, of the individual intended to be served; or

    • (ii)

      the secretary, at the registered office of the body corporate or at the office of the organisation or branch; or

    • (iii)

      in a proceeding in which the individual, body corporate or organisation or branch has lodged an address for service — at that address.

(3) For subrule (2):

registered office, in relation to such a body corporate, means the principal office or the principal place of business of the body corporate.

secretary, in the case of a body corporate that is a body corporate established under a law of the Commonwealth or of a State or Territory of the Commonwealth, means the secretary, clerk or other proper officer of the body corporate.

(4)If service of a document is effected by posting the document to the person to whom it is directed, service of the document must, unless the contrary is proved, be taken to have been effected at the time when the letter containing the document would, in the ordinary course of post, be delivered at the address to which it is posted.

(5)In any proceeding, a certificate under the hand of:

  • (a)

    a person occupying, or performing the duties of, the office of a General Manager, Australian Postal Corporation; or

  • (b)

    a person authorised in writing by such a person to give a certificate under this subrule;

stating that a letter posted (postage being prepaid) at a specified time, on a specified day, at a specified place and addressed to a specified address would, in the ordinary course of post, have been delivered at that address on a specified day is evidence of the facts stated.

(6)For subrule (5), a document purporting to be a certificate mentioned in that subrule must, unless the contrary is proven, be taken:

  • (a)

    to be such a certificate; and

  • (b)

    to have been duly given.

73Directions as to service

(1)If provision is made for personal, or other, service of a document in a proceeding before the Commission, the Commission may, on the application of a party, make an order for substituted, or other, service of notice by letter, facsimile transmission, public advertisement or otherwise, for the purpose of bringing the document to the notice of the person to be served.

 (2)The application mentioned in subrule (1) must be:

  • (a)

    in accordance with Form R51; and

  • (b)

    supported by a written statement that the person making the application is authorised to do so.

(3)If the Commission makes an order under subrule (1), the Commission may direct that the notice contain particulars specified by the Commission.

74Requirement to fix time and place for hearing
  • (1)

    If the Commission is required to fix a time and place for the hearing of a matter, the Commission must:

    • (a)

      fix a time that is at least 10 working days after a Registrar is able to give notice of the time and place for hearing to, as the case requires:

      • (i)

        the parties to the proceedings; or

      • (ii)

        a party required to serve notice on another party, or other parties, to the proceedings; and

    • (b)

      fix a place that takes into account the convenience of any person who may be required to participate in the proceedings.

  • (2)

    The Commission is not required to comply with subrule (1) if:

    • (a)

      taking into the consideration the urgency or importance of the matter, it is not reasonably practicable to do so; or

    • (b)

      it is otherwise inconvenient to the persons in the proceedings.

  • (3)

    Failure to comply with subrule (1) does not affect the validity of any act done by the Commission in relation to the matter.

  • (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.

74AElectronic signatures
  • (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)

    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.

75Referral of disagreement concerning manner of establishing or varying a designated work group

(1)A referral of a disagreement, under subsection 24 (4) of the OHS (CE) Act,to the Commission as the reviewing authority must be made in accordance with Form R52.

(2)In resolution of the matter of disagreement, the Commission may invite Comcare to participate in any proceedings.

76Appeals to Commission

(1)An appeal, under section 48 of the OHS (CE) Act,to the Commission as the reviewing authority must be instituted by lodging with a Registrar a notice of appeal in accordance with FormR53 and 3 copies of the notice, together with 3 copies of:

  • (a)

    the investigator’s decision under appeal; and

  • (b)

    any notices issued relating to the decision under appeal; and

  • (c)

    any other document in the possession of the appellant that is relevant to the decision under appeal.

(2)An appeal must be instituted before the end of 14 days after the date of the decision appealed against or, on application, within such further time as is allowed by the Commission.

(3)An application to the Commission for leave to institute an appeal after the 14 days mentioned in subrule (2) must be made in accordance with Form R54.

(4)If an appellant seeks an order under subsection 48 (3) of the OHS (CE) Act (that is, an order that the making of the appeal does affect the operation of the decision or prevent the taking of action to implement the decision), the notice of appeal must include an application to that effect.

(5)If a person seeks an order under subsection 48 (4) or (5) of the OHS (CE) Act (that is, an order that the operation of the relevant notice under section 29, or the relevant decision under section 47, of that Act, as the case may be, not be suspended pending determination of the appeal), the notice of appeal must include an application to that effect.

(6)On lodging a notice of appeal under subsection 48 (1) of the OHS (CE) Act, the appellant must, as soon as practicable, serve a copy of the documents lodged in accordance with subrule (1) on:

  • (a)

    the investigator who made the decision under appeal; and

  • (b)

    the relevant employer affected by the decision; and

  • (c)

    any person to whom a notice has been issued under subsection 29 (2), or subsection 47 (1), of the OHS (CE) Act; and

  • (d)

    if there is a designated work group that includes an employee affected by the decision:

    • (i)

      the health and safety representative for that group; and

    • (ii)

      the involved union in relation to that group; and

  • (e)

    if there is no designated work group that includes an employee affected by the decision — the involved union in relation to an employee of the employer, being an employee who is affected by the decision; and

  • (f)

    a person who owns a workplace, plant, substance or thing to which the decision relates; and

  • (g)

    the Chief Executive Officer of Comcare; and

  • (h)

    the First Assistant Secretary, Australian Government Employment Group of the Department of Workplace Relations and Small Business.

(7)On lodging a notice of appeal under subsection 48 (2) of the OHS (CE) Act, the appellant must, as soon as practicable, serve a copy of the notice of appeal and documents lodged in accordance with subrule (1) on:

  • (a)

    the investigator who made the decision under appeal; and

  • (b)

    the relevant employer affected by the decision; and

  • (c)

    if there is a designated work group that includes an employee affected by the decision:

    • (i)

      the health and safety representative for that group; and

    • (ii)

      the involved union in relation to that group; and

  • (d)

    if there is no designated work group that includes an employee affected by the decision — the involved union in relation to an employee of the employer, being an employee who is affected by the decision; and

  • (e)

    the Chief Executive Officer of Comcare; and

  • (f)

    the First Assistant Secretary, Australian Government Employment Group of the Department of Workplace Relations and Small Business.

(8)On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice to:

  • (a)

    the appellant; and

  • (b)

    the investigator who made the decision under appeal; and

  • (c)

    if there is a designated work group that includes an employee affected by the decision:

    • (i)

      the health and safety representative for that group; and

    • (ii)

      the involved union in relation to that group; and

  • (d)

    if there is no designated work group that includes an employee affected by the decision — the involved union in relation to an employee of the employer, being an employee who is affected by the decision; and

  • (e)

    the Chief Executive Officer of Comcare; and

  • (f)

    the First Assistant Secretary, Australian Government Employment Group of the Department of Workplace Relations and Small Business; and

  • (g)

    any other person, if the Commission so directs.

76AReferral of disagreement concerning manner of establishing or varying a designated work group

  • (1)

    A referral of a disagreement, under subsection 12 (4) of Schedule 7 to the Petroleum (Submerged Lands) Act 1967,to the Commission as the reviewing authority must be made in accordance with Form R54A.

  • (2)

    In resolution of the matter of disagreement, the Commission may invite the National Offshore Petroleum Safety Authority to participate in any proceedings.

76BAppeals to Commission
  • (1)

    An appeal, under section 37 of Schedule 7 to the Petroleum (Submerged Lands) Act 1967 (the PSL Act),to the Commission as the reviewing authority must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R54B and 3 copies of the notice, together with 3 copies of:

    • (a)

      the OHS inspector’s decision under appeal; and

    • (b)

      any notices issued relating to the decision under appeal; and

    • (c)

      any other document in the possession of the appellant that is relevant to the decision under appeal.

  • (2)

    An appeal must be instituted before the end of 14 days after the date of the decision appealed against or, on application, within such further time as is allowed by the Commission.

  • (3)

    An application to the Commission for leave to institute an appeal after the 14 days mentioned in subrule (2) must be made in accordance with Form R54C.

  • (4)

    If an appellant seeks an order under subsection 37 (3) of Schedule 7 to the PSL Act,(that is, an order that the making of the appeal does affect the operation of the decision or prevent the taking of action to implement the decision), the notice of appeal must include an application to that effect.

  • (5)

    If a person seeks an order under subsection 37 (4) or (5) of Schedule 7 to the PSL Act,(that is, an order that the operation of the relevant notice under section 17 of Schedule 7, or the relevant decision under section 36 of Schedule 7, to that Act, as the case may be, not be suspended pending determination of the appeal), the notice of appeal must include an application to that effect.

  • (6)

    On lodging a notice of appeal under subsection 37 (1) of Schedule 7 to the PSL Act, the appellant must, as soon as practicable, serve a copy of the documents lodged in accordance with subrule (1) on:

    • (a)

      the OHS inspector who made the decision under appeal; and

    • (b)

      the operator of the facility or any employer (other than the operator) affected by the decision; and

    • (c)

      any person to whom a notice has been issued under subsection 17 (2) or 36 (1) of Schedule 7 to the PSL Act; and

    • (d)

      if there is a designated work group having a group member affected by the decision:

      • (i)

        the health and safety representative for that group; and

      • (ii)

        the workforce representative for that group; and

    • (e)

      if there is no designated work group, and a member of the workforce affected by the decision has requested a workforce representative — that workforce representative; and

    • (f)

      a person who owns a workplace, plant, substance or thing to which the decision relates; and

    • (g)

      the Chief Executive Officer of the National Offshore Petroleum Safety Authority.

  • (7)

    On lodging a notice of appeal under subsection 37 (2) of Schedule 7 to the PSL Act, the appellant must, as soon as practicable, serve a copy of the notice of appeal and documents lodged in accordance with subrule (1) on:

    • (a)

      the OHS inspector who made the decision under appeal; and

    • (b)

      if there is a designated work group having a group member affected by the decision:

      • (i)

        the health and safety representative for that group; and

      • (ii)

        the workforce representative for that group; and

    • (d)

      if there is no designated work group, and a member of the workforce affected by the decision has requested a workforce representative — that workforce representative; and

    • (e)

      the Chief Executive Officer of the National Offshore Petroleum Safety Authority; and

  • (8)

    On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice to:

    • (a)

      the appellant; and

    • (b)

      the OHS inspector who made the decision under appeal; and

    • (c)

      if there is a designated work group having a group member affected by the decision:

      • (i)

        the health and safety representative for that group; and

      • (ii)

        the workforce representative for that group; and

    • (d)

      if there is no designated work group, and a member of the workforce affected by the decision has requested a workforce representative — that workforce representative; and

    • (e)

      the Chief Executive Officer of the National Offshore Petroleum Safety Authority; and

    • (f)

      any other person, if the Commission so directs.

77Approved forms
  • (1)

    The approved form for a document of the kind mentioned in the provision of the 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 (Workplace Relations Regulations)

Column 1

Item

Column 2

Provision

Column 3

Name of form

Column 4

Number of form

1

Subregulation 16 (2)

Application for common rule

R55

2

Subregulation 16 (5)

Notice of application for common rule declaration

R56

3

Regulation 18

Notice of appearance to object to an application for common rule

R57

4

Paragraph 21 (b)

Notice of application for common rule declaration

R58

5

Paragraph 22 (3) (a)

Notice of hearing of application to vary a common rule award

R59

6

Regulation 23

Notice of variation of common rule award

R60

7

Paragraph 24 (a)

Declaration of common rule application not binding on organisation or person

R61

  • (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

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 contain 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?

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 contain 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.

 

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 contain 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.

Form R68Application for certificate under section 180 of the RAO Schedule

(regulation 128 (RAO Regulations))

Workplace Relations Act 1996

APPLICATION FOR CERTIFICATE UNDER SECTION 180 OF THE RAO SCHEDULE

I, [full name] of [private address] (Telephone Nos. Business 

Home ), apply under section 180 of the RAO Schedule, for a certificate to the effect that my conscientious beliefs do not allow me to be a member of an association of a kind described in paragraph 18 (1) (a) or 18 (1) (b) of the RAO Schedule.

My occupation is

The name and address of my business/employer* is

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

 [Set out in numbered paragraphs the grounds and particulars]

I attach a statutory declaration verifying the information stated in this application.

Dated 20

 .

[Signature of applicant]

*

 Omit whichever is inapplicable.

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

(regulation 129 (RAO Regulations))

Workplace Relations Act 1996

APPLICATION FOR RENEWAL OF CERTIFICATE UNDER SECTION 180 OF THE RAO SCHEDULE

I, [full name] of [private address] (Telephone Nos. Business 

Home ), apply under section 180 of the RAO Schedule, for a certificate to the effect that my conscientious beliefs do not allow me to be a member of an association of a kind described in paragraph 18 (1) (a) or 18 (1) (b) of the RAO Schedule.

My occupation is

The name and address of my business/employer* is

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

 [Set out in numbered paragraphs the grounds and particulars]

I attach a statutory declaration verifying the information stated in this application.

Dated 20

 .

[Signature of applicant]

*

 Omit whichever is inapplicable.

Notes to the Australian Industrial Relations Commission Rules 1998

Note 1

The Australian Industrial Relations Commission Rules 1998 (in force under the Workplace Relations Act 1996) as shown in this compilation comprise Statutory Rules 1998 No. 1 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and

number

Date of notification

in Gazette or FRLI registration

Date of

commencement

Application, saving or

transitional provisions

1998 No. 1

30 Jan 1998

2 Feb 1998

1999 No. 1

11 Jan 1999

11 Jan 1999

1999 No. 71

12 May 1999

12 May 1999

1999 No. 276

22 Nov 1999

22 Nov 1999

2000 No. 170

28 June 2000

1 July 2000

2001 No. 39

1 Mar 2001

1 Mar 2001

2001 No. 101

28 May 2001

28 May 2001

2001 No. 332

20 Dec 2001

20 Dec 2001

2003 No. 6

13 Feb 2003

1 Mar 2003

2003 No. 7

24 Feb 2003

24 Feb 2003

2003 No. 86

9 May 2003

12 May 2003

2003 No. 298

26 Nov 2003

27 Nov 2003

2004 No. 6

17 Feb 2004

17 Feb 2004

2004 No. 280

26 Aug 2004

26 Aug 2004

2005 No. 151

30 June 2005 (see F2005L01814)

1 July 2005

Table of Amendments

    ad. = added or inserted

     am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1..........................................

rs. 1999 No. 1

R. 4..........................................

am. 2003 No. 6

R. 3..........................................

am. 2003 No. 86

R. 5..........................................

am. 2003 Nos. 6 and 86

R. 7..........................................

am. 2003 No. 86

R. 9..........................................

am. 2003 No. 86

R. 11........................................

am. 1999 No. 71; 2003 Nos. 6 and 86

R. 24........................................

am. 2003 No. 86

R. 25........................................

am. 2003 No. 6

R. 29........................................

am. 1999 No. 276

R. 37........................................

am. 2001 No. 332; 2003 No. 298

R. 38........................................

rs. 2001 No. 332

R. 43........................................

am. 2001 No. 332

Heading to r. 44.....................

rs. 2003 No. 6

R. 44........................................

am. 2003 No. 6

R. 45........................................

am. 2003 No. 6

R. 47........................................

rs. 2004 No. 6

R. 47A.....................................

ad. 2003 No. 6

Heading to r. 48.....................

am. 2003 No. 6

R. 48A.....................................

ad. 2003 No. 6

R. 49........................................

am. 1999 No. 71; 2003 No. 6

R. 49A.....................................

ad. 2003 No. 6

R. 51A.....................................

ad. 2004 No. 280

R. 58........................................

am. 2001 No. 101

R. 58A.....................................

ad. 2005 No. 151

R. 60........................................

am. 2003 No. 7

R. 60A.....................................

ad. 2003 No. 7

R. 65........................................

rs. 2001 No. 39

R. 66A.....................................

ad. 2003 No. 6

R. 68........................................

am. 2004 No. 6

R. 68A.....................................

ad. 2004 No. 6

R. 70A.....................................

ad. 2003 No. 6

am. 2003 No. 298

R. 74........................................

am. 2003 No. 6

R. 74A.....................................

ad. 2003 No. 6

R. 76A.....................................

ad. 2005 No. 151

R. 76B.....................................

ad. 2005 No. 151

R. 77........................................

am. 2003 No. 86

Schedule 1

Heading to Schedule............

rep. 2003 No. 6

Heading to Schedule 1.........

ad. 2003 No. 6

Heading to Form R1.........

rs. 2003 No. 86

Form R1..............................

1998 No. 1

am. 2003 Nos. 6 and 86

Form R2..............................

1998 No. 1

am. 2003 Nos. 6 and 86

Form R3..............................

1998 No. 1

am. 2003 No. 6

Form R4..............................

1998 No. 1

am. 2003 No. 6

Form R5..............................

1998 No. 1

rs. 2001 No. 39

Form R6..............................

1998 No. 1

am. 2003 No. 6

Form R7..............................

1998 No. 1

am. 2003 No. 6

Heading to Form R8.........

rs. 2003 No. 86

Form R8..............................

1998 No. 1

am. 2003 Nos. 6 and 86

Form R9..............................

1998 No. 1

am. 2003 No. 6

Form R10............................

1998 No. 1

am. 2003 No. 6

Form R11............................

1998 No. 1

am. 2003 No. 6

Form R12............................

1998 No. 1

am. 2003 No. 6

Form R13............................

1998 No. 1

am. 2003 No. 6

Form R14............................

1998 No. 1

Form R15............................

1998 No. 1

am. 2003 No. 6

Form R16............................

1998 No. 1

am. 2003 No. 6

Form R17............................

1998 No. 1

am. 2003 No. 6

Form R18............................

1998 No. 1

am. 1999 Nos. 1 and 71

rs. 2001 No. 332

am. 2003 No. 298

rs. 2005 No. 151

Form R19............................

1998 No. 1

am. 1999 Nos. 1 and 71; 2003 No. 298

rs. 2005 No. 151

Form R20............................

1998 No. 1

am. 1999 Nos. 1 and 71; 2003 No. 298

rs. 2005 No. 151

Form R21............................

1998 No. 1

am. 1999 Nos. 1 and 71

rs. 2000 No. 170

am. 2001 No. 39

rs. 2001 No. 332

am. 2003 Nos. 86 and 298

rs. 2005 No. 151

Form R21A.........................

ad. 2001 No. 332

rs. 2005 No. 151

Form R22............................

1998 No. 1

rs. 2001 No. 332

Form R23............................

1998 No. 1

Heading to Form R24.......

rs. 2001 No. 101

Form R24............................

1998 No. 1

rs. 2001 Nos. 39 and 332

am. 2003 No. 6

Form R25............................

1998 No. 1

Form R26............................

1998 No. 1

am. 2003 No. 6

    Form

     R26A........................

ad. 2003 No. 6

Form R27............................

1998 No. 1

am. 2003 No. 6

Form R28............................

1998 No. 1

am. 1999 No. 71

rs. 2003 No. 6

am. 2003 No. 298

rs. 2004 No. 280

am. 2005 No. 151

Form R28A.........................

ad. 2003 No. 6

Form R28B.........................

ad. 2003 No. 6

am. 2003 No. 298

rs. 2004 No. 280

am. 2005 No. 151

Form R29............................

1998 No. 1

am. 2003 No. 6

Form R30............................

1998 No. 1

am. 1999 No. 71

rs. 2003 No. 6

am. 2003 No. 298

rs. 2004 No. 280

am. 2005 No. 151

Form R30A.........................

ad. 2003 No. 6

Form R31............................

1998 No. 1

am. 2003 No. 6

Form R32............................

1998 No. 1

am. 1999 No. 71

rs. 2003 No. 6

am. 2003 No. 298

rs. 2004 No. 280

am. 2005 No. 151

Form R33............................

1998 No. 1

am. 2003 No. 6

Form R33A.........................

ad. 2004 No. 280

Form R33B.........................

ad. 2004 No. 280

Form R34............................

1998 No. 1

am. 2003 No. 6

rs. 2004 No. 280

Form R35............................

1998 No. 1

am. 2003 No. 6

rs. 2004 No. 280

Form R36............................

1998 No. 1

am. 2003 No. 6

Form R37............................

1998 No. 1

am. 2003 No. 6

rs. 2004 No. 280

Form R38............................

1998 No. 1

am. 2003 No. 6

Form R39............................

1998 No. 1

am. 2003 No. 6

Form R40............................

1998 No. 1

am. 2001 No. 101; 2003 No. 6

Form R41............................

1998 No. 1

Form R42............................

1998 No. 1

am. 2003 No. 6

Form R42A.........................

ad. 2003 No. 7

Form R42B.........................

ad. 2003 No. 7

Form R43............................

1998 No. 1

am. 2003 No. 6

Form R44............................

1998 No. 1

am. 2003 No. 6

Form R45............................

1998 No. 1

am. 2003 No. 6

Form R46............................

1998 No. 1

am. 2003 No. 6

Form R47............................

1998 No. 1

am. 2003 No. 6

Form R47A.........................

ad. 2003 No. 6

Form R48............................

1998 No. 1

am. 2003 No. 6

Form R49............................

1998 No. 1

am. 2003 No. 6

Form R49A.........................

ad. 2004 No. 6

Form R50............................

1998 No. 1

Form R50A.........................

ad. 2004 No. 6

Form R51............................

1998 No. 1

am. 2003 No. 6

Form R52............................

1998 No. 1

am. 2003 No. 6

Form R53............................

1998 No. 1

am. 2003 No. 6

Form R54............................

1998 No. 1

am. 2003 No. 6

Form R54A.........................

ad. 2005 No. 151

Form R54B.........................

ad. 2005 No. 151

Form R54C.........................

ad. 2005 No. 151

Form R55............................

1998 No. 1

am. 2003 No. 6; 2004 No. 6

Heading to Form R56.......

rs. 2003 No. 6

Form R56............................

1998 No. 1

rs. 2001 No. 39

am. 2004 No. 6

Heading to Form R57.......

rs. 2003 No. 6

Form R57............................

1998 No. 1

rs. 2001 No. 39

am. 2004 No. 6

Form R58............................

1998 No. 1

am. 2003 Nos. 6 and 298; 2004 No. 6

Form R59............................

1998 No. 1

am. 2003 No. 6; 2004 No. 6

Heading to Form R60.......

rs. 2003 No. 6

Form R60............................

1998 No. 1

rs. 2001 No. 39

am. 2004 No. 6

Form R60A.........................

ad. 2001 No. 39

Form R61............................

1998 No. 1

am. 2003 No. 6; 2004 No. 6

Heading to Form R62.......

rs. 2003 No. 86

Form R62............................

1998 No. 1

am. 2003 Nos. 6, 86 and 298

Heading to Form R63.......

rs. 2003 No. 86

Form R63............................

1998 No. 1

am. 1999 No. 71; 2003 Nos. 6, 86 and 298

Heading to Form R64.......

rs. 2003 No. 86

Form R64............................

1998 No. 1

am. 1999 No. 71; 2003 Nos. 6, 86 and 298

Form R64A.........................

ad. 2003 No. 86

Heading to Form R65.......

rs. 2003 No. 86

Form R65............................

1998 No. 1

am. 2003 No. 6

Form R65A.........................

ad. 2003 No. 86

am. 2003 No. 298

Form R65B.........................

ad. 2003 No. 86

Form R65C.........................

ad. 2003 No. 86

am. 2003 No. 298

Form R65D.........................

ad. 2003 No. 86

Form R65E.........................

ad. 2003 No. 86

Form R65F.........................

ad. 2003 No. 86

Form R65G........................

ad. 2003 No. 86

Form R65H.........................

ad. 2003 No. 86

Form R66............................

1998 No. 1

am. 2003 No. 6

rs. 2003 No. 86

am. 2003 No. 298

Form R67............................

1998 No. 1

am. 1999 No. 276

rs. 2003 No. 86

am. 2003 No. 298

Heading to Form R68.......

rs. 2003 No. 86

Form R68............................

1998 No. 1

am. 2003 Nos. 6 and 86

Heading to Form R69.......

rs. 2003 No. 86

Form R69............................

1998 No. 1

am. 2003 Nos. 6 and 86

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