Industrial Court Amendment Rule (No. 1) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 152 Industrial Relations Act 1990 INDUSTRIAL COURT AMENDMENT RULE (No. 1) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Insertion of new rr 10A.1–10E.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 RULE 10A—APPLICATION FOR ORDER SETTING MINIMUM WAGE 10A.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10A.2 Affidavit to be filed with application . . . . . . . . . . . . . . . . . . . . . . . . . 6 10A.3 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10A.4 Publication of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 RULE 10B—APPLICATION FOR ORDER ENSURING EQUAL REMUNERATION FOR WORK OF EQUAL VALUE 10B.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10B.2 Affidavit to be filed with application . . . . . . . . . . . . . . . . . . . . . . . . . 7 10B.3 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10B.4 Publication of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 RULE 10C—APPLICATION FOR AMENDMENT OF AWARD TO GIVE EFFECT TO AGREEMENT NEGOTIATED UNDER ENTERPRISE FLEXIBILITY PROVISION 10C.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10C.2 Affidavit to be filed with application . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Industrial Court Amendment (No. 1) No. 152, 1994 RULE 10D—APPLICATION FOR EMPLOYMENT TERMINATION ORDER CREATING RULES OF GENERAL APPLICATION 10D.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10D.2 Affidavit to be filed with application . . . . . . . . . . . . . . . . . . . . . . . . . 9 10D.3 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10D.4 Publication of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 RULE 10E—APPLICATION FOR ORDER WHEN EMPLOYER DOES NOT CONSULT INDUSTRIAL ORGANISATION ABOUT PROPOSED DISMISSALS 10E.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Replacement of rr 22A–22D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 RULE 22A—NEW OR REPLACEMENT CERTIFIED AGREEMENT 22A.1 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 22A.2 Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 22A.3 New agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 22A.4 Replacement agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 22A.5 Affidavits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 22A.6 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 22A.7 Commission’s endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 22A.8 Publication of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22A.9 Record of replacement of certified agreement . . . . . . . . . . . . . . . . . 13 RULE 22B—AMENDMENT OF A CERTIFIED AGREEMENT 22B.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22B.2 Amended certified agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22B.3 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 22B.4 Commission’s endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 22B.5 Publication of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 22B.6 Records of amendment of certified agreement . . . . . . . . . . . . . . . . . 15 RULE 22C—EXTENSION OF CERTIFIED AGREEMENTS 22C.1 Form of application or notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 22C.2 Affidavit to be filed with application or notice . . . . . . . . . . . . . . . . . 16 22C.3 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

3 Industrial Court Amendment (No. 1) No. 152, 1994 RULE 22D—RETIREMENT FROM A CERTIFIED AGREEMENT 22D.1 Form of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 22D.2 Copy of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 RULE 22E—WITHDRAWAL FROM CERTIFIED AGREEMENT 22E.1 Form of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22E.2 Affidavit to be filed with notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22E.3 Copy of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 RULE 22F—WITHDRAWAL FROM CERTIFIED AGREEMENT BY PARTY AFFECTED BY INDUSTRIAL ACTION 22F.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22F.2 Copy of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22F.3 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 RULE 22G—TERMINATION OF A CERTIFIED AGREEMENT 22G.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 22G.2 Affidavit to be filed with notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 RULE 22H—AMENDMENT OR TERMINATION OF A CERTIFIED AGREEMENT BY A FULL BENCH 22H.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 22H.2 Copy of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 22H.3 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 RULE 22I—NOTICE OF INITIATION OF BARGAINING PERIOD 22I.1 Form of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 22I.2 Particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 RULE 22J—NOTICE TO REGISTRAR OF AUTHORITY TO ENGAGE IN INDUSTRIAL ACTION 22J.1 Form of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 RULE 22K—APPLICATION TO SUSPEND OR TERMINATE BARGAINING PERIOD 22K.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 RULE 22L—NEW OR REPLACEMENT ENTERPRISE FLEXIBILITY AGREEMENT 22L.1 Record of enterprise flexibility agreements . . . . . . . . . . . . . . . . . . . . 20 22L.2 Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22L.3 New enterprise flexibility agreements . . . . . . . . . . . . . . . . . . . . . . . . 21

4 Industrial Court Amendment (No. 1) No. 152, 1994 22L.4 Replacement enterprise flexibility agreements . . . . . . . . . . . . . . . . . 21 22L.5 Affidavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22L.6 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22L.7 Commission’s endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22L.8 Publication of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22L.9 Record of replacement of enterprise flexibility agreement . . . . . . . 23 RULE 22M—AMENDMENT OF AN ENTERPRISE FLEXIBILITY AGREEMENT 22M.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22M.2 Amended enterprise flexibility agreement . . . . . . . . . . . . . . . . . . . . . 24 22M.3 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 22M.4 Commission’s endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 22M.5 Publication of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 22M.6 Record of amendment of enterprise flexibility agreement . . . . . . . . 25 RULE 22N—APPLICATION FOR EXTENSION OF AN ENTERPRISE FLEXIBILITY AGREEMENT 22N.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 22N.2 Affidavit to be filed with application . . . . . . . . . . . . . . . . . . . . . . . . . 26 22N.3 Copy of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 22N.4 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 RULE 22O—RETIREMENT FROM AN ENTERPRISE FLEXIBILITY AGREEMENT 22O.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 22O.2 Copy of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 RULE 22P—WITHDRAWAL FROM AN ENTERPRISE FLEXIBILITY AGREEMENT 22P.1 Form of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 22P.2 Affidavit to be filed with notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 22P.3 Copy of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 22P.4 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 RULE 22Q—WITHDRAWAL FROM AN ENTERPRISE FLEXIBILITY AGREEMENT BY PARTY AFFECTED BY INDUSTRIAL ACTION 22Q.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

5 Industrial Court Amendment (No. 1) No. 152, 1994 22Q.2 Copy of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 22Q.3 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 RULE 22R—TERMINATION OF AN ENTERPRISE FLEXIBILITY AGREEMENT 22R.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 22R.2 Affidavit to be filed with notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 22R.3 Copy of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 22R.4 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 RULE 22S—AMENDMENT OR TERMINATION OF AN ENTERPRISE FLEXIBILITY AGREEMENT BY A FULL BENCH 22S.1 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 22S.2 Copy of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 22S.3 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 5 Insertion of new r 39A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 RULE 39A—REGISTER OF ORDERS UNDER PART 12, DIVISION 5 OF ACT 39A.1 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 39A.2 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 6 Amendment of Sch 1 (Fees before the Court, Commission or Registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7 Amendment of Sch 2 (Forms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

s1 6 s3 Industrial Court Amendment (No. 1) No. 152, 1994 ˙ Short title 1. This rule may be cited as the Industrial Court Amendment Rule (No. 1) 1994 . ˙ Rules amended 2. This rule amends the Industrial Court Rules 1990 . ˙ Insertion of new rr 10A.1–10E.1 3. After rule 10.3— insert— ‘ RULE 10A—APPLICATION FOR ORDER SETTING MINIMUM WAGE ˙ ‘ Form of application ‘ 10A.1 An application for an order setting minimum wages under section 53 of the Act must be filed and in Form 2. ˙ ‘ Affidavit to be filed with application ‘ 10A.2 The application must be accompanied by an affidavit specifying the industrial organisations of employees whose rules entitle them to represent the industrial interests of employees to be covered by the order. ˙ ‘ Notice of hearing ‘ 10A.3(1) The Registrar must, by Industrial Gazette notice in Form 2A, notify the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also— (a) give the applicant a copy of the notice; and (b) give other notices the Commission may consider appropriate.

s3 7 s3 Industrial Court Amendment (No. 1) No. 152, 1994 ˙ ‘ Publication of order ‘ 10A.4 If the Commission makes an order setting minimum wages, the Registrar must publish the order in the Industrial Gazette. ‘ RULE 10B—APPLICATION FOR ORDER ENSURING EQUAL REMUNERATION FOR WORK OF EQUAL VALUE ˙ ‘ Form of application ‘ 10B.1 An application for an order to ensure equal remuneration for work of equal value under section 60 of the Act must be filed and in Form 2. ˙ ‘ Affidavit to be filed with application ‘ 10B.2 The application must be accompanied by an affidavit specifying the industrial organisations of employees whose rules entitle them to represent the industrial interests of employees to be covered by the order. ˙ ‘ Notice of hearing ‘ 10B.3(1) The Registrar must, by Industrial Gazette notice in Form 2B, notify the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also— (a) give the applicant a copy of the notice; and (b) give other notices the Commission may consider appropriate. ˙ ‘ Publication of order ‘ 10B.4 If the Commission makes an order to ensure equal remuneration for work of equal value, the Registrar must publish the order in the Industrial Gazette.

s3 8 s3 Industrial Court Amendment (No. 1) No. 152, 1994 ‘ RULE 10C—APPLICATION FOR AMENDMENT OF AWARD TO GIVE EFFECT TO AGREEMENT NEGOTIATED UNDER ENTERPRISE FLEXIBILITY PROVISION ˙ ‘ Form of application ‘ 10C.1 An application for the amendment of an award, as it applies to an enterprise or workplace, to give effect to an agreement negotiated under a provision included in the award under section 145 of the Act, must be filed and in Form 2. ˙ ‘ Affidavit to be filed with application ‘ 10C.2 The application must be accompanied by— (a) an affidavit stating the facts and circumstances the applicant considers justify the Commission amending the award; and (b) a copy of the agreement negotiated under the award. ‘ RULE 10D—APPLICATION FOR EMPLOYMENT TERMINATION ORDER CREATING RULES OF GENERAL APPLICATION ˙ ‘ Form of application ‘ 10D.1 An application for an order under section 302 of the Act giving effect to the requirements about the dismissal of employees under— (a) Article 12 of the Termination of Employment Convention, so far as it is about a severance allowance or other benefits; or (b) Article 13 of the Termination of Employment Convention; must be filed and in Form 2.

s4 9 s4 Industrial Court Amendment (No. 1) No. 152, 1994 ˙ ‘ Affidavit to be filed with application ‘ 10D.2 The application must be accompanied by an affidavit specifying the industrial organisations of employees whose rules entitle them to represent the industrial interests of employees to be covered by the order. ˙ ‘ Notice of hearing ‘ 10D.3(1) The Registrar must, by Industrial Gazette notice in Form 2C, notify the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also— (a) give the applicant a copy of the notice; and (b) give other notices the Commission may consider appropriate. ˙ ‘ Publication of order ‘ 10D.4 If the Commission makes an order giving effect to the requirements about the dismissal of employees under Article 12 or 13 of the Termination of Employment Convention, the Registrar must publish the order in the Industrial Gazette. ‘ RULE 10E—APPLICATION FOR ORDER WHEN EMPLOYER DOES NOT CONSULT INDUSTRIAL ORGANISATION ABOUT PROPOSED DISMISSALS ˙ ‘ Form of application ‘ 10E.1 An application for an order under section 305(2) of the Act must be filed and in Form 2.’. ˙ Replacement of rr 22A–22D 4. Rules 22A to 22D—

s 4 10 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 omit, insert— ‘ RULE 22A—NEW OR REPLACEMENT CERTIFIED AGREEMENT ˙ ‘ Records ‘ 22A.1(1) The Registrar must keep a record of certified agreements. ‘ (2) The record must include— (a) the number given to the agreement; and (b) the date it was made; and (c) the date it was certified; and (d) the agreement’s term. ˙ ‘ Filing ‘ 22A.2(1) A proposed certified agreement presented to the Registrar for filing must comply with Form 7A. ‘ (2) The applicant must present at least 3 copies of the proposed certified agreement for filing. ‘ (3) If the applicant wants a copy of the filed agreement returned, the applicant must present to the Registrar another copy for return to the applicant. ˙ ‘ New agreements ‘ 22A.3 An application for certification of a new agreement must— (a) be executed by or for all parties to the agreement; and (b) be accompanied by an affidavit— (i) exhibiting a copy of the agreement; and (ii) specifying the matters mentioned in rule 22A.5.

s 4 11 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 ˙ ‘ Replacement agreements ‘ 22A.4 An application for certification of an agreement (a “replacement agreement” ) to replace an existing certified agreement must— (a) be executed by or for all parties to the replacement agreement; and (b) be accompanied by an affidavit— (i) exhibiting a copy of the certified agreement; and (ii) specifying the matters mentioned in rule 22A.5. ˙ ‘ Affidavits ‘ 22A.5 The affidavit accompanying an application for certification of a new or replacement agreement (the “proposed agreement” ) must specify the following— (a) either— (i) the award or industrial agreement binding the employer and regulating the wages and employment conditions of employees to be covered by the proposed agreement; or (ii) if there is no award or agreement binding the employer—the appropriate award or industrial agreement nominated in the agreement; (b) the period the proposed agreement is to operate; (c) the clauses in the proposed agreement establishing procedures for preventing and settling disputes; (d) the clause in the proposed agreement— (i) establishing a process for the parties to the proposed agreement to consult each other about changes to the organisation or performance of work in any workplace to which the agreement relates; or (ii) stating that it is not appropriate for the agreement to provide for the consultation; (e) the steps taken to satisfy section 160(1)(d) and (e) of the Act; (f) whether the proposed agreement is to cover a group of employees

s 4 12 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 to whom section 164 of the Act may apply, and, if it is, the steps taken to ensure the consultations and explanations required under section 164(4) of the Act have been carried out; (g) the clause, if any, specifying when and how the proposed agreement’s terms may be amended; (h) whether the proposed agreement applies only to a single business, a part of a single business, or a single workplace; (i) if the proposed agreement only applies to a single business, part of a single business or a single workplace— (i) the name of the business, part of the business or workplace; and (ii) the industrial organisations of employees known to the employer to represent the industrial interests of the organisation’s members who are employed at the business or workplace and to be covered by the agreement; and (iii) the persons who negotiated the agreement and the persons for whom they acted. ˙ ‘ Notice of hearing ‘ 22A.6(1) The Registrar must give the parties to the proposed agreement notice of the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also give notice to anyone else the Commission directs is to be given notice. ˙ ‘ Commission’s endorsement ‘ 22A.7 If the Commission certifies an agreement, the Commission must sign and seal the agreement. ˙ ‘ Publication of agreement ‘ 22A.8 The Registrar must publish each new or replacement certified agreement in the Industrial Gazette.

s 4 13 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 ˙ ‘ Record of replacement of certified agreement ‘ 22A.9 The Registrar must make a note in the record of certified agreements showing that an existing certified agreement has been replaced. ‘ RULE 22B—AMENDMENT OF A CERTIFIED AGREEMENT ˙ ‘ Form of application ‘ 22B.1(1) An application for the Commission’s approval under section 170 of the Act of an agreement amending a certified agreement (the “amendment” ) must be filed and in Form 7C. ‘ (2) The applicant must present at least 3 copies of the application and the amendment for filing. ‘ (3) If the applicant wants a copy of the filed application and amendment returned, the applicant must present to the Registrar another copy for return to the applicant. ˙ ‘ Amended certified agreement ‘ 22B.2(1) An application for the Commission’s approval to the amendment must be accompanied by an affidavit declaring that the amendment— (a) was made as required by the certified agreement; and (b) has been agreed to by all parties bound by the certified agreement. ‘ (2) The affidavit must specify the following— (a) either— (i) the award or industrial agreement binding the employer and regulating the wages and employment conditions of employees to be covered by the certified agreement as amended (the “proposed amended agreement” ); or (ii) if there is no award or agreement binding the employer—the

s 4 14 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 appropriate award or industrial agreement nominated in the agreement; (b) the period the proposed amended agreement is to operate; (c) the clauses in the proposed amended agreement establishing procedures for preventing and settling disputes; (d) the clause in the proposed amended agreement— (i) establishing a process for the parties to the agreement to consult each other about changes to the organisation or performance of work in any workplace to which the agreement relates; or (ii) stating that it is not appropriate for the agreement to provide for the consultation; (e) the steps taken to satisfy section 160(1)(d) and (e) of the Act; (f) whether the proposed amended agreement is to cover a group of employees to whom section 164 of the Act may apply and, if it is, the steps taken to ensure the consultations and explanations required under section 164(4) of the Act have been carried out; (g) the clause, if any, specifying when and how the proposed amended agreement’s terms may be amended; (h) whether the proposed amended agreement applies only to a single business, a part of a single business, or a single workplace; (i) if the proposed amended agreement applies to a single business, part of a single business or a single workplace— (i) the name of the business, part of the business or workplace; and (ii) the industrial organisations of employees known to the employer to represent the industrial interests of the organisation’s members who are employed at the business or workplace and to be covered by the agreement; and (iii) the persons who negotiated the proposed amended agreement and the persons for whom they acted.

s 4 15 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 ˙ ‘ Notice of hearing ‘ 22B.3(1) The Registrar must give the parties to the agreement notice of the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also give notice to anyone else the Commission directs is to be given notice. ˙ ‘ Commission’s endorsement ‘ 22B.4 If the Commission certifies an amended certified agreement, the Commission must sign and seal the agreement. ˙ ‘ Publication of agreement ‘ 22B.5 The Registrar must publish each amended certified agreement in the Industrial Gazette. ˙ ‘ Records of amendment of certified agreement ‘ 22B.6 The Registrar must make a note in the record of certified agreements showing that an existing certified agreement has been amended. ‘ RULE 22C—EXTENSION OF CERTIFIED AGREEMENTS ˙ ‘ Form of application or notice ‘ 22C.1 An application or notice under section 168(1)(b) of the Act must be filed and in Form 7D. ˙ ‘ Affidavit to be filed with application or notice ‘ 22C.2 An application or notice under this rule must be accompanied by an affidavit specifying which of the relevant parties consent to the application or notice and the facts and circumstances from which the

s 4 16 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 consent may be inferred. ˙ ‘ Notice of hearing ‘ 22C.3(1) The Registrar must give the parties to the agreement notice of the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also give notice to anyone else the Commission directs is to be given notice. ‘ RULE 22D—RETIREMENT FROM A CERTIFIED AGREEMENT ˙ ‘ Form of notice ‘ 22D.1 A notice of intention to retire from a certified agreement under section 167 of the Act must be filed and in Form 7E. ˙ ‘ Copy of notice ‘ 22D.2 A party retiring from a certified agreement must give notice to each party to the agreement. ‘ RULE 22E—WITHDRAWAL FROM CERTIFIED AGREEMENT ˙ ‘ Form of notice ‘ 22E.1 A notice under section 174(2) of the Act must be filed and in Form 7F.

s 4 17 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 ˙ ‘ Affidavit to be filed with notice ‘ 22E.2 A notice under this rule must be accompanied by an affidavit specifying which of the relevant parties consent to the application and the facts and circumstances from which the consent may be inferred. ˙ ‘ Copy of notice ‘ 22E.3 A party withdrawing from a certified agreement must give notice to each party to the agreement. ‘ RULE 22F—WITHDRAWAL FROM CERTIFIED AGREEMENT BY PARTY AFFECTED BY INDUSTRIAL ACTION ˙ ‘ Form of application ‘ 22F.1 An application under section 176(1) of the Act must be filed and in Form 7G. ˙ ‘ Copy of notice ‘ 22F.2 A party filing an application under this rule must give notice to each party to the agreement. ˙ ‘ Notice of hearing ‘ 22F.3(1) The Registrar must give the parties to the agreement notice of the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also give notice to anyone else the Commission directs is to be given notice. ‘ RULE 22G—TERMINATION OF A CERTIFIED

s 4 18 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 AGREEMENT ˙ ‘ Form of application ‘ 22G.1 A notice under section 175(1) of the Act must be filed and in Form 7H. ˙ ‘ Affidavit to be filed with notice ‘ 22G.2 A notice under this rule must be accompanied by an affidavit, executed by all parties to the agreement, declaring their consent to the application. ‘ RULE 22H—AMENDMENT OR TERMINATION OF A CERTIFIED AGREEMENT BY A FULL BENCH ˙ ‘ Form of application ‘ 22H.1 An application under section 172(2)(b) of the Act for the review of a certified agreement’s operation by the Full Bench must be filed and in Form 7I. ˙ ‘ Copy of notice ‘ 22H.2 The party seeking the review must give notice to each party to the agreement. ˙ ‘ Notice of hearing ‘ 22H.3(1) The Registrar must give the parties to the agreement notice of the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also give notice to anyone else the Commission directs is to be given notice.

s 4 19 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 ‘ RULE 22I—NOTICE OF INITIATION OF BARGAINING PERIOD ˙ ‘ Form of notice ‘ 22I.1 A notice under section 200 of the Act of intention to initiate a bargaining period must be— (a) in Form 7J; and (b) filed before the bargaining period starts. ˙ ‘ Particulars ‘ 22I.2 A notice under this rule must be accompanied by the particulars mentioned in section 201 of the Act. ‘ RULE 22J—NOTICE TO REGISTRAR OF AUTHORITY TO ENGAGE IN INDUSTRIAL ACTION ˙ ‘ Form of notice ‘ 22J.1 A notice under section 207 of the Act of authority to engage in industrial action, filed with the Registrar, must be in Form 7K. ‘ RULE 22K—APPLICATION TO SUSPEND OR TERMINATE BARGAINING PERIOD ˙ ‘ Form of application ‘ 22K.1 An application to suspend or terminate a bargaining period under section 211(2)(b) of the Act must be filed and in Form 2.

s 4 20 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 ‘ RULE 22L—NEW OR REPLACEMENT ENTERPRISE FLEXIBILITY AGREEMENT ˙ ‘ Record of enterprise flexibility agreements ‘ 22L.1(1) The Registrar must keep a record of enterprise flexibility agreements. ‘ (2) The record must include— (a) the number given to the agreement; and (b) the date it was made; and (c) the date it was approved for implementation; and (d) the agreement’s term. ˙ ‘ Filing ‘ 22L.2(1) A proposed enterprise flexibility agreement presented to the Registrar for filing must comply with Form 7B. ‘ (2) The applicant must present at least 3 copies of the proposed enterprise flexibility agreement to the Registrar for filing. ‘ (3) If the applicant wants a copy of the proposed enterprise flexibility agreement returned, the applicant must present to the Registrar another copy for return to the applicant. ˙ ‘ New enterprise flexibility agreements ‘ 22L.3 An application for approval of the implementation of a new enterprise flexibility agreement (a “new agreement” ) must— (a) be executed by or for the employer; and (b) be accompanied by an affidavit— (i) exhibiting a true copy of the new agreement; and (ii) specifying the matters mentioned in rule 22L.5.

s 4 21 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 ˙ ‘ Replacement enterprise flexibility agreements ‘ 22L.4 An application for approval of implementation of an enterprise flexibility agreement (the “replacement agreement” ) to replace an existing enterprise flexibility agreement must— (a) be executed by or for the employer; and (b) be accompanied by an affidavit— (i) exhibiting a true copy of the replacement agreement; and (ii) specifying the matters mentioned in rule 22L.5. ˙ ‘ Affidavit ‘ 22L.5 The affidavit accompanying an application for approval of implementation of a new or replacement agreement (the “proposed agreement” ) must specify the following— (a) the enterprise to which the proposed agreement is to apply and where it is carried on; (b) the award or industrial agreement binding the employer named in the proposed agreement; (c) facts and circumstances satisfying the requirements of section 180(2)(c) of the Act; (d) the period the proposed agreement is to operate; (e) the clauses in the proposed agreement establishing procedures for preventing and settling disputes; (f) the clause in the proposed agreement— (i) establishing a process for the parties to the agreement to consult each other about changes to the organisation or performance of work in any workplace to which the agreement relates; or (ii) stating that it is not appropriate for the agreement to provide for the consultation; (g) the steps taken to satisfy section 180(2)(g) and (h) of the Act; (h) the notice given to an eligible union and the steps taken to involve

s 4 22 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 the union in negotiations about the proposed agreement; (i) any eligible union to which notice of the proposed agreement was not given; (j) whether the proposed agreement is to cover a group of employees to whom section 184 of the Act may apply and, if it is, the steps taken to ensure the consultations and explanations required under section 184(4) of the Act were carried out; (k) the clause (if any) specifying when and how the proposed agreement’s terms may be amended; (l) facts and circumstances on which the Commission is asked to decide that a majority of employees have genuinely agreed to be bound by the proposed agreement. ˙ ‘ Notice of hearing ‘ 22L.6(1) The Registrar must give the parties to the proposed agreement notice of the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also give notice to anyone else the Commission directs is to be given notice. ˙ ‘ Commission’s endorsement ‘ 22L.7 If the Commission approves the implementation of an enterprise flexibility agreement, the Commission must sign and seal the agreement. ˙ ‘ Publication of agreement ‘ 22L.8 The Registrar must publish each new or replacement enterprise flexibility agreement in the Industrial Gazette. ˙ ‘ Record of replacement of enterprise flexibility agreement ‘ 22L.9 The Registrar must make a note in the record of enterprise flexibility agreements to show that an existing enterprise flexibility agreement has been replaced.

s 4 23 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 ‘ RULE 22M—AMENDMENT OF AN ENTERPRISE FLEXIBILITY AGREEMENT ˙ ‘ Form of application ‘ 22M.1(1) An application under section 191 of the Act for approval of implementation of an agreement (the “amendment” ) amending an enterprise flexibility agreement (the “main agreement” ) presented to the Registrar for filing must be in Form 7L. ‘ (2) The applicant must present at least 3 copies of the application and the amendment to the Registrar for filing. ‘ (3) If the applicant wants a copy of the filed application and the amendment returned, the applicant must present to the Registrar another copy for return to the applicant. ˙ ‘ Amended enterprise flexibility agreement ‘ 22M.2(1) An application for approval of implementation of the amendment must be accompanied by an affidavit declaring— (a) the amendment was made as required by the main agreement; and (b) the enterprise to which the main agreement as amended by the amendment (the “proposed amended agreement” ) is to apply is the enterprise named in the main agreement. ‘ (2) The affidavit must also specify the following— (a) the enterprise to which the proposed amended agreement is to apply and where it is carried on; (b) the award or industrial agreement binding the employer named in the proposed amended agreement; (c) facts and circumstances satisfying the requirements of section 180(2)(c) of the Act; (d) the period the proposed amended agreement is to operate; (e) the clauses in the proposed amended agreement establishing procedures for preventing and settling disputes;

s 4 24 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 (f) the clause in the proposed amended agreement— (i) establishing a process for the parties to the agreement to consult each other about changes to the organisation or performance of work in any workplace to which the agreement relates; or (ii) stating that it is not appropriate for the agreement to provide for the consultation; (g) the steps taken to satisfy section 180(2)(g) and (h) of the Act; (h) the notice given to an eligible union and the steps taken to involve the union in negotiations about the proposed amended agreement; (i) any eligible union to which notice of the proposed amended agreement was not given; (j) whether the proposed amended agreement is to cover a group of employees to whom section 184 of the Act may apply and, if it is, the steps taken to ensure the consultations and explanations required under section 184(4) of the Act have been carried out; (k) the clause, if any, specifying when and how the proposed amended agreement’s terms may be amended; (l) facts and circumstances on which the Commission is asked to decide that a majority of employees have genuinely agreed to be bound by the proposed amended agreement. ˙ ‘ Notice of hearing ‘ 22M.3(1) The Registrar must give the parties to the amendment notice of the time and date fixed by the Commission for hearing the application for the approval of its implementation. ‘ (2) The Registrar must also give notice to anyone else the Commission directs is to be given notice. ˙ ‘ Commission’s endorsement ‘ 22M.4 If the Commission approves an amended enterprise flexibility agreement, the Commission must sign and seal the agreement.

s 4 25 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 ˙ ‘ Publication of agreement ‘ 22M.5 The Registrar must publish each amended enterprise flexibility agreement in the Industrial Gazette. ˙ ‘ Record of amendment of enterprise flexibility agreement ‘ 22M.6 The Registrar must make a note in the record of enterprise flexibility agreements to show that an existing enterprise flexibility agreement has been amended. ‘ RULE 22N—APPLICATION FOR EXTENSION OF AN ENTERPRISE FLEXIBILITY AGREEMENT ˙ ‘ Form of application ‘ 22N.1 An employer’s application under section 189 of the Act must be filed and in Form 7M. ˙ ‘ Affidavit to be filed with application ‘ 22N.2 An application under this rule must be accompanied by an application setting out facts and circumstances on which the Commission is asked to decide that a majority of employees have genuinely agreed to the proposed extension on or before the day the application was made. ˙ ‘ Copy of notice ‘ 22N.3 The party seeking the extension must give notice to each party to the enterprise flexibility agreement. ˙ ‘ Notice of hearing ‘ 22N.4(1) The Registrar must give the parties to the enterprise flexibility agreement notice of the time and date fixed by the Commission for hearing the application.

s 4 26 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 ‘ (2) The Registrar must also give notice to anyone else the Commission directs is to be given notice. ‘ RULE 22O—RETIREMENT FROM AN ENTERPRISE FLEXIBILITY AGREEMENT ˙ ‘ Form of application ‘ 22O.1 A notice filed under section 188 of the Act of intention to retire from an enterprise flexibility agreement must be in Form 7N. ˙ ‘ Copy of notice ‘ 22O.2 A party retiring from an enterprise flexibility agreement must give notice to each party to the agreement. ‘ RULE 22P—WITHDRAWAL FROM AN ENTERPRISE FLEXIBILITY AGREEMENT ˙ ‘ Form of notice ‘ 22P.1 A notice under section 194(1) of the Act must be filed and in Form 7O. ˙ ‘Affidavit to be filed with notice ‘ 22P.2 An application under this rule must be accompanied by an affidavit specifying which of the relevant parties consent to the application and the facts and circumstances from which the consent may be inferred.

s 4 27 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 ˙ ‘ Copy of notice ‘ 22P.3 A party withdrawing from an enterprise flexibility agreement must give notice to each party to the agreement. ˙ ‘ Notice of hearing ‘ 22P.4(1) The Registrar must give the parties to the agreement notice of the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also give notice to anyone else the Commission directs is to be given notice. ‘ RULE 22Q—WITHDRAWAL FROM AN ENTERPRISE FLEXIBILITY AGREEMENT BY PARTY AFFECTED BY INDUSTRIAL ACTION ˙ ‘ Form of application ‘ 22Q.1 An application under section 196(1) of the Act must be filed and in Form 7P. ˙ ‘ Copy of notice ‘ 22Q.2 A party withdrawing from an enterprise flexibility agreement because of industrial action must give notice to each party to the agreement. ˙ ‘ Notice of hearing ‘ 22Q.3(1) The Registrar must give the parties to the agreement notice of the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also give notice to anyone else the Commission directs is to be given notice.

s 4 28 s 4 Industrial Court Amendment (No. 1) No. 152, 1994 ‘ RULE 22R—TERMINATION OF AN ENTERPRISE FLEXIBILITY AGREEMENT ˙ ‘ Form of application ‘ 22R.1 A notice under section 195(1) of the Act must be filed and in Form 7Q. ˙ ‘ Affidavit to be filed with notice ‘ 22R.2 A notice under this rule must be accompanied by an affidavit specifying which of the relevant parties consent to the application and the facts and circumstances from which the consent may be inferred. ˙ ‘ Copy of notice ‘ 22R.3 A party terminating an enterprise flexibility agreement must give notice to each other party to the agreement. ˙ ‘ Notice of hearing ‘ 22R.4(1) The Registrar must give the parties to the agreement notice of the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also give notice to anyone else the Commission directs is to be given notice. ‘ RULE 22S—AMENDMENT OR TERMINATION OF AN ENTERPRISE FLEXIBILITY AGREEMENT BY A FULL BENCH ˙ ‘ Form of application ‘ 22S.1 An application under section 192(2)(b) of the Act must be filed and in Form 7R.

s 5 29 s 6 Industrial Court Amendment (No. 1) No. 152, 1994 ˙ ‘ Copy of notice ‘ 22S.2 A party seeking amendment or termination of an enterprise flexibility agreement must give notice to each party to the agreement. ˙ ‘ Notice of hearing ‘ 22S.3(1) The Registrar must give the parties to the agreement notice of the time and date fixed by the Commission for hearing the application. ‘ (2) The Registrar must also give notice to anyone else the Commission directs is to be given notice.’. ˙ Insertion of new r 39A 5. After rule 39— insert— ‘ RULE 39A—REGISTER OF ORDERS UNDER PART 12, DIVISION 5 OF ACT ˙ ‘ Register ‘ 39A.1 The Registrar must keep a register of orders made by the Commission under Part 12, Division 5 of the Act. ˙ ‘ Inspection of register ‘ 39A.2 The register kept under rule 39A.1 may be inspected by anyone whenever the registry is open to the public.’. ˙ Amendment of Sch 1 (Fees before the Court, Commission or Registrar) 6. Schedule 1, items ‘Certified Agreement’ and ‘Notice of Retirement from/Extension of Certified Agreement’— omit, insert—

s 7 30 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘Certified Agreement—approval, replacement or amendment Application for Certification/Notification of Extension of Certified Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Retirement from Certified Agreement . . . . . . . . . . . . . . . . . . . Withdrawal from Certified Agreement . . . . . . . . . . . . . . . . . . Withdrawal from Certified Agreement because of Industrial Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of Certified Agreement . . . . . . . . . . . . . . . . . . . . Amendment or Termination of Certified Agreement by a Full Bench . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of Initiation of Bargaining Period . . . . . . . . . . . . . . . . . Notice to Registrar of Authorisation to Engage in Industrial Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enterprise Flexibility Agreement—approval, replacement or amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for Extension of Enterprise Flexibility Agreement Retirement from Enterprise Flexibility Agreement . . . . . . . . . Withdrawal from Enterprise Flexibility Agreement . . . . . . . . Withdrawal from Enterprise Flexibility Agreement because of Industrial Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of Enterprise Flexibility Agreement . . . . . . . . . . Amendment or Termination of Enterprise Flexibility Agreement by a Full Bench . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25.50 13.00 13.00 13.00 13.00 13.00 13.00 13.00 13.00 25.50 13.00 13.00 13.00 13.00 13.00 13.00’. ˙ Amendment of Sch 2 (Forms) 7.(1) Schedule 2, Forms 5A, 7A and 7B— omit . (2) Schedule 2— insert—

s 7 31 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 2A—Notice of Hearing for Application for Minimum Wage Order] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 NOTICE OF HEARING FOR APPLICATION FOR MINIMUM WAGE ORDER IN the matter of B. ... of 19... Notice is given— (a) that on [date] the Commission received an application for a minimum wage order for the following group of employees— [set out groups of employees]; (b) that the matter will be heard at [time] on [date] at [place], before [Commission Member]; (c) that each industrial organisation whose rules entitle it to represent the industrial interests of any of the employees concerned and each organisation or association representing employers of any of those employees wishing to express their views may attend the hearing; and (d) that any employer of employees to be covered by the order wishing to be heard in relation to the making of the order may attend the hearing. A copy of the application may be inspected at the Industrial Registrar’s Office, 6th floor, State Government Building, 202 Adelaide Street (cnr Edward Street), Brisbane, free of charge. Registrar

s 7 32 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 2B—Notice of Hearing for Application for Order to ensure Equal Remuneration for Work of Equal Value] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 NOTICE OF HEARING FOR APPLICATION FOR ORDER TO ENSURE EQUAL REMUNERATION FOR WORK OF EQUAL VALUE IN the matter of B. ... of 19... Notice is given— (a) that on [date] the Commission received an application for an order to ensure equal remuneration for work of equal value for the following group of employees— [set out groups of employees]; (b) that the matter will be heard at [time] on [date] at [place], before [Commission Member]; (c) that each industrial organisation whose rules entitle it to represent the industrial interests of any of the employees concerned and each organisation or association representing employers of any of those employees and wishing to express their views may attend the hearing; and (d) that any employer of employees to be covered by the order and wishing to be heard in relation to the making of the order may attend the hearing. A copy of the application may be inspected at the Industrial Registrar’s Office, 6th floor, State Government Building, 202 Adelaide Street (cnr Edward Street), Brisbane, free of charge. Registrar

s 7 33 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 2C—Notice of Hearing for Application for Termination Order Creating Rules of General Application] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 NOTICE OF HEARING FOR APPLICATION FOR TERMINATION ORDER CREATING RULES OF GENERAL APPLICATION IN the matter of B. ... of 19... Notice is given— (a) that on [date] the Commission received an application for an employment termination order giving effect to [Article 12 of the Termination of Employment Convention as it relates to a severance allowance or separation benefits in relation to the termination of employment of employees]* or [Article 13 of the Termination of Employment Convention in relation to the termination of employment of employees]* about the following group of employees— [set out employees to be covered]; (b) that the matter will be heard at [time] on [date] at [place], before [Commission Member]; (c) that each industrial organisation whose rules entitle it to represent the industrial interests of any of the employees concerned and each organisation or association representing employers of any of the employees and wishing to express their views may attend the hearing; and (d) that any employer of employees to be covered by the order and wishing to be heard in relation to the making of the order may attend the hearing. A copy of the application may be inspected at the Industrial Registrar’s Office, 6th floor, State Government Building, 202 Adelaide Street (cnr

s 7 34 Industrial Court Amendment (No. 1) Edward Street), Brisbane, free of charge. * Delete whichever does not apply s7 No. 152, 1994 Registrar

s 7 35 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7A—Application for Certification of Agreement] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, Part 11, Division 2 ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ........................................—CERTIFIED AGREEMENT COMMISSIONER .............................. (Approved) .............................. APPLICATION FOR CERTIFICATION OF AGREEMENT THIS AGREEMENT, made under the Industrial Relations Act 1990 on [date] (the day the first party signed it), between ......................... and ......................... witnesses that the parties mutually agree as follows [list matters agreed to]— Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... This agreement is certified under Part 11, Division 2 of the IndustrialRelations Act 1990 . ........................., Commissioner.

s 7 36 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 Filed on [date], certified by the Commission and given Register No. .......... of [year], in the Certified Agreements Register. [Date] ............................... Industrial Registrar Operative date: [date] Certified agreement—[name of employer party] NOTE: The parties to the agreement must supply supporting evidence or material mentioned in rules 22A.3 to 22A.5 when filing the application

s 7 37 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7B—Approval of Enterprise Flexibility Agreement] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, Part 11, Division 3 ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) .................................—ENTERPRISE FLEXIBILITY AGREEMENT COMMISSIONER .............................. (Approved) .............................. THIS AGREEMENT, made under the Industrial Relations Act 1990 on [date] (the day the first party signed it), between .................... and .................. witnesses that the parties mutually agree as follows [list matters agreed to]— Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... This agreement is approved under Part 11, Division 3 of the IndustrialRelations Act 1990 . ........................., Commissioner.

s 7 38 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 Filed on the [date], approved for implementation by the Commission and given the Register No. .......... of [year], in the Register of Enterprise Flexibility Agreements. [Date] ............................... Industrial Registrar Operative date: [date] Enterprise flexibility agreement—[name of employer party] NOTE: The parties to the agreement must provide supporting evidence or material mentioned in rules 22L.3 to 22L.5 when filing the application.

s 7 39 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7C—Application to Amend Certified Agreement] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 170 ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ............................................................ (TITLE OF CERTIFIED AGREEMENT) REGISTRAR .............................. (Filed) .............................. APPLICATION TO AMEND A CERTIFIED AGREEMENT TAKE NOTICE that we ......................... the parties to the certified agreement of [date], Register No. ..... of [year], and expiring on [date], apply to amend the agreement. [date] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] .........................

s 7 40 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 Filed on [date] ............................... Industrial Registrar Filed date: [date] Application for amendment of certified agreement—[name of certified agreement] NOTE The application must be accompanied by the affidavit mentioned in rule 22B.2.

s 7 41 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7D—Extension of Certified Agreement] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 168 ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ............................................................ (TITLE OF CERTIFIED AGREEMENT) REGISTRAR .............................. (Filed) .............................. APPLICATION FOR NOTIFICATION OF* EXTENSION OF A CERTIFIED AGREEMENT TAKE NOTICE that we ......................... parties to the certified agreement of [date], Register No. ..... of [year], and expiring on [date], apply for/give notice of* an extension of operation of the agreement until [date]. [date] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Filed on [date]

s 7 42 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ............................... Industrial Registrar Filed date: [date] Application for/ notification of* extension of certified agreement—[name of certified agreement] * Delete whichever does not apply.

s 7 43 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7E—Retirement from Certified Agreement] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 167 ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ............................................................ (TITLE OF CERTIFIED AGREEMENT) REGISTRAR .............................. (Filed) .............................. NOTICE OF RETIREMENT TAKE NOTICE that I/we* ......................... an employer/employers/ industrial organisation* one of the parties to the certified agreement of [date], Register No. ..... of [year], and expiring on [date], will retire from the agreement and cease to be a party to it at the end of ........... days from the date of filing this notice. [date] [Signature of employer/s or industrial organisation] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Filed on [date] ............................... Industrial Registrar

s 7 44 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 Filed date: [date] Notice of retirement from certified agreement—[name of retiring party] * Delete whichever does not apply.

s 7 45 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7F—Withdrawal from Certified Agreement] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 174(2) ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ............................................................ (TITLE OF CERTIFIED AGREEMENT) REGISTRAR .............................. (Filed) .............................. NOTICE OF WITHDRAWAL FROM A CERTIFIED AGREEMENT TAKE NOTICE that I/we* ......................... an employer/employers/ industrial organisation* one of the parties to the certified agreement of [date], Register No. ...... of [year], and expiring on [date], apply for an order declaring me/us* to be no longer bound by the agreement. [date] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Filed on [date] ............................... Industrial Registrar

s 7 46 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 Filed date: [date] Application for declaration that party is no longer bound by certified agreement on withdrawal with consent of all parties—[name of certified agreement] * Delete whichever does not apply.

s 7 47 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7G—Withdrawal from Certified Agreement because of Industrial Action] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 176(1) ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ............................................................ (TITLE OF CERTIFIED AGREEMENT) REGISTRAR .............................. (Filed) .............................. APPLICATION TO WITHDRAW FROM A CERTIFIED AGREEMENT BECAUSE OF INDUSTRIAL ACTION TAKE NOTICE that I/we* ......................... an employer/employers/ industrial organisation* one of the parties to the certified agreement of [date], Register No. ..... of [year], and expiring [date], apply for an order declaring me/us* to be no longer bound by the agreement because of industrial action. [date] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Filed on [date]

s 7 48 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ............................... Industrial Registrar Filed date: [date] Application to withdraw from certified agreement because of industrial action—[name of certified agreement] * Delete whichever does not apply.

s 7 49 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7H—Termination of Certified Agreement] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 175(1) ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ............................................................ (TITLE OF CERTIFIED AGREEMENT) REGISTRAR .............................. (Filed) .............................. NOTICE OF TERMINATION OF A CERTIFIED AGREEMENT TAKE NOTICE that we ......................... parties to the certified agreement of [date], Register No. ..... of [year], and expiring on [date], apply for an order declaring us to be no longer bound by the agreement. [date] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Filed on [date]

s 7 50 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ............................... Industrial Registrar Filed date: [date] Application for termination of certified agreement—[name of certified agreement]

s 7 51 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7I—Amendment or Termination of Certified Agreement by a Full Bench] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 172 ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ............................................................ (TITLE OF CERTIFIED AGREEMENT) REGISTRAR .............................. (Filed) .............................. APPLICATION FOR A REVIEW OF A CERTIFIED AGREEMENT BY A FULL BENCH TAKE NOTICE that I/we* ......................... an employer/employers/ industrial organisation* one of the parties to the certified agreement of [date], Register No. ..... of [year], and expiring on [date], apply for the agreement to be reviewed by a Full Bench. [date]

s 7 52 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Filed on [date] ............................... Industrial Registrar Filed date: [date] Application for review of certified agreement—[name of certified agreement] * Delete whichever does not apply

s 7 53 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7J—Notice of Initiation of Bargaining Period] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 200 NOTICE OF INITIATION OF BARGAINING PERIOD Notice is given to the Queensland Industrial Relations Commission, that— (a) [insert name and address of initiating party] is— (i) an employer/organisation of employees* (ii) party to the following award(s) [insert title of relevant award(s)] in which [insert name of organisation of employers/employer*] is also involved; and (b) intends to try, or to continue to try— (i) to reach agreement under Part 11, Division 2 of the Act with [insert names and addresses of other parties] in settlement of the industrial dispute [described in the particulars accompanying this notice] so far as it involves employees employed in the single business/part of the single business/at the single workplace* [described in the particulars accompanying this notice]; and (ii) to have any agreement reached certified under Part 11, Division 2 of the Act. Particulars as specified in section 201 of the Act are [set out particulars]— [date] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ........................ Filed on [date]

s 7 54 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 Filed date: [date] Notice of initiation of bargaining period ............................... Industrial Registrar * Delete whichever does not apply

s 7 55 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7K—Notice of Authorisation to Engage in Industrial Action] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 155 NOTICE OF AUTHORISATION TO ENGAGE IN INDUSTRIAL ACTION In the matter of a bargaining period between [insert names of negotiating parties and the date on which a notice of initiation of bargaining was filed]. Under s 207(1)(c) of the Act, notice is given to the Registrar that the members of [insert name of organisation of employees] were authorised on [insert date of authorisation] to engage in industrial action within the bargaining period against [insert name of particular employer] for the purposes of negotiating a certified agreement under Part 11, Division 2 of the Act. [date] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Filed on [date] ............................... Industrial Registrar Filed date: [date] Notice of authorisation to engage in industrial action—[name of certified agreement]

s 7 56 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7L—Amendment of Enterprise Flexibility Agreement] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 182 ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ............................................................ (TITLE OF CERTIFIED AGREEMENT) REGISTRAR .............................. (Filed) .............................. APPLICATION TO AMEND AN ENTERPRISE FLEXIBILITY AGREEMENT TAKE NOTICE that I ......................... the employer bound to the enterprise flexibility agreement of [date], Register No. ..... of [year], and expiring on [date], apply to amend the agreement. [date] Signed for} [Signature] ........................ [Title] ............................................} [Print name] .......................... In the presence of—[Signature] ......................... [Print name of witness] ......................... Filed on [date]

s 7 57 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ............................... Industrial Registrar Filed date: [date] Application to amend enterprise flexibility agreement—[name of enterprise flexibility agreement] NOTE The application must be accompanied by the affidavit mentioned in rule 22M.2.

s 7 58 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7M—Extension of Enterprise Flexibility Agreement] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 189 ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ............................................................ (TITLE OF CERTIFIED AGREEMENT) REGISTRAR .............................. (Filed) .............................. APPLICATION FOR EXTENSION OF ENTERPRISE FLEXIBILITY AGREEMENT TAKE NOTICE that I ......................... the employer party to the enterprise flexibility agreement of [date], Register No. ..... of [year], and expiring on [date], apply for an extension of the period of operation of the agreement until [date]. [date] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Filed on [date] ............................... Industrial Registrar Filed date: [date]

s 7 59 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 Application for extension of period of operation of enterprise flexibility agreement—[name of enterprise flexibility agreement]

s 7 60 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7N—Retirement from Enterprise Flexibility Agreement] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 188 ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ............................................................ (TITLE OF CERTIFIED AGREEMENT) REGISTRAR .............................. (Filed) .............................. NOTICE OF RETIREMENT TAKE NOTICE that I ......................... a person bound by the enterprise flexibility agreement of [date], Register No. ..... of [year], and expiring on [date], will retire from the agreement and cease to be a party to it at the end of ........... days from the date of the filing this notice. [date]. [Signature of person] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Filed on [date]

s 7 61 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ............................... Industrial Registrar Filed date: [date] Notice of retirement from enterprise flexibility agreement—[name of retiring party]

s 7 62 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7O—Withdrawal from Enterprise Flexibility Agreement] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 194(2) ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ............................................................ (TITLE OF CERTIFIED AGREEMENT) REGISTRAR .............................. (Filed) .............................. NOTICE OF WITHDRAWAL FROM AN ENTERPRISE FLEXIBILITY AGREEMENT TAKE NOTICE that I/we* ................. a person/party* bound by the enterprise flexibility agreement of [date], Register No. ..... of [year], and expiring on [date] apply for an order declaring me/us* to be no longer bound by the agreement. [date] [Signature of person] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] .................. Filed on [date]

s 7 63 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ............................... Industrial Registrar Filed date: [date] Application for declaration that party is no longer bound by enterprise flexibility agreement—[name of enterprise flexibility agreement] * Delete whichever does not apply.

s 7 64 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7P—Withdrawal from Enterprise Flexibility Agreement because of Industrial Action] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 196(1) ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ...................................................................................... (TITLE OF ENTERPRISE FLEXIBILITY AGREEMENT) REGISTRAR .............................. (Filed) .............................. APPLICATION TO WITHDRAWAL FROM AN ENTERPRISE FLEXIBILITY AGREEMENT BECAUSE OF INDUSTRIAL ACTION TAKE NOTICE that I/we* ..................... an employer/employers/industrial organisation* one of the parties to the certified agreement of [date], Register No. ..... of [year], and expiring on [date], apply for an order declaring me/us* to be no longer bound by the agreement because of industrial action. [date] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Filed on [date] ............................... Industrial Registrar Filed date: [date]

s 7 65 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 Application for declaration that party is no longer bound by enterprise flexibility agreement because of industrial action—[name of enterprise flexibility agreement] * Delete whichever does not apply.

s 7 66 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7Q—Termination of Enterprise Flexibility Agreement] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 195(1) ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ...................................................................................... (TITLE OF ENTERPRISE FLEXIBILITY AGREEMENT) REGISTRAR .............................. (Filed) .............................. NOTICE OF TERMINATION OF AN ENTERPRISE FLEXIBILITY AGREEMENT TAKE NOTICE that we ........................... parties to the enterprise flexibility agreement of [date], Register No. ..... of [year], and expiring on [date], apply for an order declaring us to be no longer bound by the agreement. [date] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] .........................

s 7 67 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 [Print name of witness] ......................... Filed on [date] ............................... Industrial Registrar Filed date: [date] Notice of termination of enterprise flexibility agreement—[name of enterprise flexibility agreement]

s 7 68 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ‘[Form 7R—Amendment or Termination of Enterprise Flexibility Agreement by a Full Bench] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990, s 192 ........................................ (Name of Employer Party) AND ........................................ (Name of Employee Party) (No. ..... of 19.....) ............................................................ (TITLE OF ENTERPRISE FLEXIBILITY AGREEMENT) REGISTRAR .............................. (Filed) .............................. APPLICATION FOR A REVIEW OF AN ENTERPRISE FLEXIBILITY AGREEMENT BY A FULL BENCH TAKE NOTICE that I .................... a person bound to the enterprise flexibility agreement of [date], Register No. ..... of [year], and expiring on [date], apply for the agreement to be reviewed by a Full Bench. [date] Signed for} [Signature] ........................ [Title] ............................................} [Print name] ............................. In the presence of—[Signature] ......................... [Print name of witness] ......................... Filed on [date]

s 7 69 s 7 Industrial Court Amendment (No. 1) No. 152, 1994 ............................... Industrial Registrar Filed date: [date] Application for review of enterprise flexibility agreement—[name of enterprise flexibility agreement] ENDNOTES 1. Made by the President of the Industrial Court on 11 May 1994. 2. Notified in the Gazette on 13 May 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Industrial Court and Industrial Relations Commission. © State of Queensland 1994