Rules of the Australian Industrial Relations Commission (Amendment) Dated 22 December 1994 (Cth)

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Statutory Rules 1994

No. 464 1

__________________

Rules of the Australian Industrial Relations

Commission 2(Amendment)

I, deirdre frances o’connor, President of the Australian Industrial Relations Commission, make the following Rules under the Industrial Relations Act 1988.

Dated 22 December 1994.

DEIDRE O’CONNOR

President

____________

1. Commencement

1.1 These Rules commence on 30 December 1994.

2. Amendment

2.1 The Rules of the Australian Industrial Relations Commission

are amended as set out in these Rules.

3. Rule 2AA (Rules cease to have effect on 30 December 1994)

3.1 Omit the rule.

4. Rule 25 (Notification of boycott disputes)

4.1 Subrule 25 (1):

Omit “subrule (4)”, substitute “subrule (5)”.

5. Rule 30A (Application for certification of agreement)

5.1 Paragraphs 30A (3) (d), (e) and (f):

Omit the paragraphs, substitute:

“(ca)
identify each award referred to in paragraph 170MC (1) (a) of the Act (including each State award) that:
(i)
regulates the wages and conditions of employment of the employees covered by the agreement; and
(ii)
binds their employer, or their respective employers; and
(cb)
state the number of employees covered by the agreement; and
(cc)
state the number of employees covered by the agreement who are included in each of the following classes:
(i)
women; or
(ii)
persons whose first language is not English; or
(iii)
persons under the age of 21 years; or
(iv)
Aboriginal or Torres Strait Islanders; or
(v)
disabled persons; or
(vi)
part-time employees; or
(vii)
casual employees; and
(d)
state whether any employees covered by the agreement (other than employees referred to in paragraph (cc)) may be relevant employees for the purposes of subsection 170MG (2) of the Act; and
(e)
state the number and category of employees identified for the purposes of paragraph (d); and
(f)
state whether the employees referred to in paragraphs (cc) and (d) were:
(i)
consulted about the agreement; and
(ii)
informed about the matters referred to in subsection 170MG (3) of the Act;
and, if so, by what means; and”.

5.2 After paragraph 30A (3) (g), insert:

“(ga)
state whether the agreement constitutes a closed agreement in that:
(i)
any wage increases applicable to the employees covered by the agreement during its period of operation are specified in the agreement; and
(ii)
the agreement provides for no further wage or salary increases during its period of operation, including increases from sources such as award variations or decisions of the Commission, other than increases that are consistent with the terms of the agreement; and”.

6. Rule 30G (Application for approval of implementation or variation of enterprise flexibility agreement)

6.1 Paragraph 30G (3) (d):

After “any”, insert “federal”.

6.2 Paragraphs 30G (3) (g), (h) and (i):

Omit the paragraphs, substitute:

“(fa)
state the number of employees covered by the agreement; and
(fb)
state the number of employees covered by the agreement who are included in each of the following classes:
(i)
women; or
(ii)
persons whose first language is not English; or
(iii)
persons under the age of 21 years; or
(iv)
Aboriginal or Torres Strait Islanders; or
(v)
disabled persons; or
(vi)
part-time employees; or
(vii)
casual employees; and
(g)
state whether any employees covered by the agreement (other than employees referred to in paragraph (fb)) may be relevant employees for the purposes of subsection 170NG (2) of the Act; and
(h)
state the number and category of employees identified for the purposes of paragraph (g); and
(i)
state whether the employees referred to in paragraphs (fb) and (g) were:
(i)
consulted about the agreement; and
(ii)
informed about the matters referred to in subsection 170NG (3) of the Act;
and, if so, by what means; and”.

6.3 Subrule 30G (3):

Add at the end:

“; and (k)
state whether the agreement constitutes a closed agreement in that:
(i)
any wage increases applicable to the employees covered by the agreement during its period of operation are specified within the agreement; and
(ii)
the agreement provides for no further wage or salary increases during its period of operation, including increases from sources such as award variations or decisions of the Commission, other than increases that are consistent with the terms of the agreement.”.

7. New rules 30PA and 30PB

7.1 After rule 30P, insert:

RULE 30PA GIVING NOTICE TO THE COMMISSION FOR THE PURPOSES OF SECTION 170QH OF THE ACT IN RELATION TO CERTAIN PROPOSED AGREEMENTS
“A person referred to in subsection 170QH (1) of the Act may, by notice in accordance with Form R8J, inform the Commission that the person wants to negotiate, or is negotiating, in relation to the proposed agreement and whether that person wishes the Commission to exercise its powers under subsection 170QH (2) of the Act.
RULE 30PB APPLICATION FOR ORDERS IN RELATION TO NEGOTIATIONS FOR AGREEMENTS
“(1)
An application under section 170QK of the Act must be in accordance with Form R8K.
“(2)
The applicant must serve a copy of the application on the other bargaining parties.
“(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 the bargaining parties.”.

8. New rules 39 and 40

8.1 After rule 38, insert:

RULE 39 Appeals To Reviewing Authority

“(1)
An appeal under section 48 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (“the OH&S Act”) to the Commission as the reviewing authority must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R25 and 4 copies thereof, together with 3 copies of:
(a)
the investigator’s decision and report under appeal; and
(b)
any notices issued relating to the decision under appeal; and
(c)
any other document in the possession of the appellant which is relevant to the decision under appeal.
“(2)
An appeal must be instituted within 14 days after the date of the decision of the investigator appealed against, or upon application, within such further time as is allowed by the reviewing authority.
“(3)
An application to the reviewing authority for leave to institute an appeal after the 14 days specified in subrule (2) must be made in accordance with Form R26.
“(4)
If it is intended to seek an order under subsection 48 (3) of the OH&S Act that the making of the appeal 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 it is intended to seek an order under subsections 48 (4) or (5) of the OH&S Act that the operation of the decision under section 47 or notice under section 29 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 OH&S 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 the following persons:
(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 OH&S Act; and
(d)
the health and safety representative for the designated work group in which is included an employee affected by the decision and the involved union in relation to such a designated work group or where there is no such designated work group—the involved union in relation to an employee of the employer, being an employee who is affected by the decision; and
(e)
any person who owns any workplace, plant, substance or thing to which the decision relates; and
(f)
the Chief Executive Officer, Comcare, and the First Assistant Secretary, Government Authorities and Defence Division, Department of Industrial Relations.
“(7)
On lodging a notice of appeal under subsection 48 (2) of the OH&S 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 the following persons:
(a)
the investigator who made the decision under appeal; and
(b)
the relevant employer affected by the decision; and
(c)
the health and safety representative for the designated work group in which is included an employee affected by the decision and the involved union in relation to such a designated work group or where there is no such designated work group—the involved union in relation to an employee of the employer, being an employee who is affected by the decision; and
(d)
the Chief Executive Officer, Comcare, and the First Assistant Secretary, Government Authorities and Defence Division, Department of Industrial Relations.
“(8)
On the Commission fixing a time and place for the hearing of the appeal, the Registrar must give notice accordingly to:
(a)
the appellant; and
(b)
the investigator who made the decision under appeal; and
(c)
the relevant employer affected by the decision; and
(d)
the health and safety representative for the designated work group in which is included an employee affected by the decision and the involved union in relation to such a designated work group or where there is no such designated work group—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, Comcare, and the First Assistant Secretary, Government Authorities and Defence Division, Department of Industrial Relations; and
(f)
such other persons as the Commission directs.
RULE 40 Referral of Disagreement Concerning Manner of Establishing or Varying a Designated Work Group
“(1)
Referral of a disagreement under subsection 24 (4) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to the Commission as the reviewing authority must be made in accordance with Form R27.
“(2)
In resolution of the matter, the Commission may invite Comcare to participate in any proceedings.”.

9. Schedule

9.1 Form R6:

Omit the Form, substitute:

“FORM R6

Rule 30A

Industrial Relations Act 1988

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

APPLICATION FOR CERTIFICATION OF AGREEMENT

IN the matter of:

[insert title of matter and original dispute number(s)]

Application is made by [insert the name of the party or parties to the agreement] for the certification of the attached memorandum of agreement reached in settlement (or part settlement) of this matter.

* The memorandum of agreement applies only to a single business, part of a single business or a single place of work.

The agreement covers [insert number of employees] employees of whom:

[insert number of employees] are women; and

[insert number of employees] are persons whose first language is not English; and

SCHEDULE—continued

[insert number of employees] are persons under the age of 21 years; and

[insert number of employees] are Aboriginal or Torres Strait Islanders; and

[insert number of employees] are disabled persons; and

[insert number of employees] are part-time employees; and

[insert number of employees] are casual employees.**

Dated

19 .

__________________________

Signature of applicant(s)

Note: In respect of each party to the agreement, the application must be accompanied by statutory declarations of the type described in subrule 30A (3).

* Omit if inapplicable.

** If the agreement covers employees of the category referred to in paragraph 30A (3) (d), state the number of employees in each category.”.

9.2 Form R8:

Omit the Form, substitute:

“FORM R8

Rule 30G

Industrial Relations Act 1988

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

APPLICATION FOR APPROVAL OF IMPLEMENTATION OR VARIATION OF ENTERPRISE FLEXIBILITY AGREEMENT

IN the matter of:

[insert name and address of applicant employer corporation and the title of the agreement]

SCHEDULE—continued

Application is made by [insert the name of the employer] for the approval of implementation / variation* of the attached enterprise flexibility agreement which applies to [insert the site(s) or establishment(s) to which the agreement applies].

The federal award(s) binding upon the applicant employer in respect of work performed in the enterprise to which the agreement applies is (are):

[set out name of federal award(s)]

The agreement covers [insert number of employees] employees of whom:

[insert number of employees] are women; and

[insert number of employees] are persons whose first language is not English; and

[insert number of employees] are persons under the age of 21 years; and

[insert number of employees] are Aboriginal or Torres Strait Islanders; and

[insert number of employees] are disabled persons; and

[insert number of employees] are part-time employees; and

[insert number of employees] are casual employees.**

Dated

19 .

___________________________

Signature of applicant

Note The application must be accompanied by statutory declarations of the type described in subrule 30G (3).

* omit whichever is inapplicable

** If the agreement covers employees of the category referred to in paragraph 30G (3) (g), state the number of employees in each category”.

SCHEDULE—continued

9.3 After Form R8H, insert:

“FORM R8J

Rule 30PA

Industrial Relations Act 1988

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

NOTICE TO COMMISSION FOR THE PURPOSES OF SECTION 170QH OF THE ACT IN RELATION TO CERTAIN PROPOSED AGREEMENTS

IN the matter of:

[insert the likely title of the proposed agreement sought to be negotiated or which is being negotiated]

Notice is hereby given that [insert name of party to the industrial situation or the employer, any of the employees, or an eligible union as the case requires] wants to negotiate / is negotiating* with [insert name of party, person or group of persons] for the making of a [certified agreement / enterprise flexibility agreement*].

The following steps have been taken in seeking to negotiate the agreement:

[set out the steps taken in seeking to negotiate the agreement.]

The Commission is / is not* being asked to exercise powers under subsection 170QH (2) to try by conciliation to facilitate the making of such agreement.

Dated

19 .

___________________________

Signature of notifier

* omit whichever is inapplicable

_________________

SCHEDULE—continued

“FORM R8K

Rule 30PB

Industrial Relations Act 1988

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

APPLICATION FOR ORDERS IN RELATION TO NEGOTIATIONS FOR AGREEMENTS

IN the matter of:

[insert name of bargaining parties] arising in the matter [insert the bargaining case number or section 170QH conciliation case number]

Application is made by [set out name of applicant] that the Commission makes orders in relation to negotiations for agreements in respect of the abovementioned matter.

[set out details of the orders sought]

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

[set out in numbered paragraphs the grounds on which the application is made]

Dated

19 .

___________________________

Signature of applicant”.

SCHEDULE—continued

9.4 After Form R24, insert:

“FORM R25

Rule 39

Occupational Health and Safety (Commonwealth

Employment) Act 1991

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION REVIEW AUTHORITY

NOTICE OF APPEAL UNDER SECTION 48

IN the matter of: [insert the title of the matter]

Notice of an appeal under section 48 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 is given by [insert name and address of appellant] against a decision of [insert name of investigator], an investigator, on [insert date of decision] to [insert details of decision with specific reference to the categories listed in paragraphs 48( 1) (a)—(f) or 48( 2)( a)—(b)]. I make the appeal as I am [insert details of the basis on which the appellant claims the right to appeal with specific reference to the categories listed inparagraphs 48( 1) (g)—(n) or 48 (2)( c)—(e)].

The grounds of this appeal are as follows:

[set out in numbered paragraphs the grounds on which the appeal is based]

A copy of this Notice of appeal and documents lodged in accordance with subrule 39 (1) will, as soon as practicable, be served on the following persons:

[insert names and addresses of persons required to be served under subrule 39 (6) or (7) as the case may be]

Dated

19 .

___________________________

Signature of appellant

SCHEDULE—continued

Note: If it is intended to seek an order under subsection 48(3) that the making of the appeal 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, as set out below:

“Application is also made for an order that the making of the appeal affect

the operation of the decision or prevent the taking of action to implement the decision.”

If it is intended to seek an order under subsections 48(4) or (5) that the

operation of the decision under section 47 or notice under section 29, as the case may be, not be suspended pending determination of the appeal, the notice of appeal must include an application to that effect, as set out below:

“Application is also made for an order under [subsection 48(4) that the operation of the decision under section 47 / subsection 48(5) that the operation of a notice under section 29*] not be suspended pending determination of the appeal.”

* omit whichever is inapplicable

_________________

“FORM R26

Rule 39

Occupational Health and Safety (Commonwealth

Employment) Act 1991

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION REVIEWING AUTHORITY

APPLICATION FOR AN EXTENSION OF TIME FOR INSTITUTING AN APPEAL

IN the matter of: [insert the title of the matter]

Application is made by [insert name and address of appellant] for an extension of time for instituting an appeal against a decision of [insert name of investigator], an investigator, on [insert date of decision] to [insert details of decision with specific reference to the categories listed in paragraphs 48 (1) (a)—(f) or 48( 2) (a)—(b)]. I make the application as I am [insert details of the basis on which the

SCHEDULE—continued

appellant claims the right to appeal with specific reference to the categories listed in

paragraphs 48 (1) (g)—(n) or 48 (2) (c)—(e)].

The grounds of this application are as follows:

[set out in numbered paragraphs the grounds on which it is claimed an extension of time should be granted]

Dated

19 .

___________________________

Signature of appellant

_________________

“FORM R27

Rule 40

Occupational Health and Safety (Commonwealth

Employment) Act 1991

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION REVIEWING AUTHORITY

REFERRAL OF DISAGREEMENT CONCERNING MANNER OF ESTABLISHING OR VARYING A DESIGNATED WORK GROUP

Notice is hereby given under subsection 24 (4) by [insert name of notifier] of a disagreement in the course of consultation concerning the manner of establishing or varying a designated work group.

The parties to the consultation are:

[insert names and addresses of parties to the consultation]

Dated

19 .

___________________________

Signature of notifier”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 December 1994.
2. Statutory Rules 1989 No. 46 as amended by 1992 No. 391; 1994 Nos. 80 and 246.

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Rules of the Australian Industrial Relations Commission (Amendment) Dated 22 December 1994 (Cth)

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