Rules of the Australian Industrial Relations Commission (Cth)
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
(#DATE 31:07:1996)
(#DATE 31:07:1996)
- In force under the Industrial Relations Act 1988
*1* The Rules of the Australian Industrial Relations Commission (in force under the Industrial Relations Act 1988) as shown in this reprint comprise Statutory Rules 1989 No. 46 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1989 No. 46 22 Mar 1989 3 Mar 1989
1992 No. 391 11 Dec 1992 11 Dec 1992 -
1994 No. 80 30 Mar 1994 30 Mar 1994 -
246 29 June 1994 29 June 1994 -
464 30 Dec 1994 30 Dec 1994 -
1995 No. 284 29 Sept 1995 2 Oct 1995 -
1996 No. 1 12 Jan 1996 15 Jan 1996 -
154 17 July 1996 17 July 1996 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2AA
ad. 1994 No. 80
rep. 1994 No. 464
R. 2A
ad. 1992 No. 391
am. 1994 No. 80
R. 4
am. 1992 No. 391
Rr. 7, 8
rs. 1992 No. 391
am. 1994 No. 80
Rr. 8A, 8B
ad. 1994 No. 80
Rr. 10-12
am. 1992 No. 391
R. 15
rs. 1992 No. 391
R. 16
am. 1992 No. 391
R. 21A
ad. 1992 No. 391
rep. 1994 No. 80
R. 22
rs. 1992 No. 391
R. 23
rs. 1992 No. 391
rep. 1994 No. 80
Rr. 23A, 23B
ad. 1992 No. 391
rep. 1994 No. 80
R. 24
rs. 1994 No. 80
R. 24A
ad. 1992 No. 391
rs. 1994 No. 80
R. 25
am. 1992 No. 391
rs. 1994 No. 80
am. 1994 No. 464
R. 26
am. 1992 No. 391
rs. 1994 No. 80
R. 26A
ad. 1992 No. 391
rep. 1994 No. 80
R. 30A
ad. 1994 No. 80
am. 1994 No. 464; 1996 No. 154
rs. 1995 No. 284
R. 30AA
ad. 1995 No. 284
am. 1996 No. 154
Rr. 30B-30F
ad. 1994 No. 80
R. 30G
ad. 1994 No. 80
am. 1994 Nos. 246 and 464; 1995 No. 284
Rr. 30H-30P
ad. 1994 No. 80
Rr. 30PA, 30PB
ad. 1994 No. 464
Rr. 30Q, 30R
ad. 1994 No. 80
R. 30S
ad. 1994 No. 80
rep. 1996 No. 1
Rr. 30T-30V
ad. 1994 No. 80
R. 32
rs. 1994 No. 80
R. 32A
ad. 1994 No. 80
R. 34
am. 1992 No. 391
Rr. 36, 37
am. 1992 No. 391
Rr. 39, 40
ad. 1994 No. 464
Rr. 41-50
ad. 1996 No. 1
Schedule
am. 1992 No. 391; 1994 Nos. 80, 246 and 464;
1995 No. 284; 1996 Nos. 1 and 154
Form R1
1989 No. 46
rs. 1992 No. 391
Form R1A
ad. 1992 No. 391
Form R2
1989 No. 46
rs. 1992 No. 391
Form R3
1989 No. 46
Form R3A
ad. 1992 No. 391
Form R4
1989 No. 46
Form R5
1989 No. 46
rs. 1992 No. 391; 1994 No. 80
Form R5A
ad. 1994 No. 80
Form R6
1989 No. 46
rs. 1992 No. 391; 1994 Nos. 80 and 464; 1995
No. 284
Form R6AA
ad. 1995 No. 284
am. 1996 No. 154
Form R6AB
ad. 1995 No. 284
Form R6A
ad. 1992 No. 391
rs. 1994 No. 80
Forms R6B-R6G
ad. 1994 No. 80
Form R7
1989 No. 46
am. 1992 No. 391
rs. 1994 No. 80
Form R7A
ad. 1992 No. 391
rs. 1994 No. 80
Form R8
1989 No. 46
rs. 1994 Nos. 80 and 464; 1995 No. 284
Form R8A
ad. 1992 No. 391
rs. 1994 Nos. 80 and 246
Form R8B
ad. 1992 No. 391
rs. 1994 No. 80
Forms R8C-R8H
ad. 1994 No. 80
Forms R8J, R8K
ad. 1994 No. 464
Forms R9, R10
1989 No. 46
Forms R10A-R10G
ad. 1994 No. 80
Forms R11, R12
1989 No. 46
am. 1992 No. 391
Form R13
1989 No. 46
Form R14
1989 No. 46
am. 1992 No. 391
Forms R15-R17
1989 No. 46
Forms R18, R19
1989 No. 46
am. 1992 No. 391
Form R20
1989 No. 46
Forms R21, R22
1989 No. 46
rs. 1994 No. 80
Forms R23, R24
1989 No. 46
am. 1992 No. 391
Forms R25-R27
ad. 1994 No. 464
Forms R28-R33
ad. 1996 No. 1
#ADD 2:9:1996
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Rule
1. Citation
2. Commencement
2A. Interpretation
3. Seals of Commission
4. Forms
5. Relief from Rules
6. Proceedings wanting or in doubt
7. Commission acting on own motion
8. Assignment of industries and members
8A. Declaration of availability to perform functions of
Bargaining Division or assignment of other work to
Bargaining Division
8B. Matters to be dealt with by Bargaining Division
9. Delegation by President
10. Appeals to Full Bench
AUSTRALIAN INDUSTRIAL REGISTRY
11. References by Registrar
12. Appeals from Registrar
DISPUTE PREVENTION AND SETTLEMENT
13. Notification of an industrial dispute relating to a log
of claims
14. Notification of other industrial disputes
15. Application for orders in relation to organisation
coverage
16. Notice of hearing of dispute
17. Register of Findings of Industrial Disputes
18. Reference of disputes to Full Bench
19. President dealing with proceedings
20. Review on application by Minister
21. Summons to witness
22. Award by consent of the parties
24. Application to set aside or vary awards
24A. Application for variation of award to give effect to
agreement negotiated under enterprise flexibility
provision
25. Notification of boycott disputes
26. Notice to bring an action in tort
27. Preference
28. Restraining State authorities
29. Secret ballot
30. Reference of dispute to State authority for
determination
PROMOTING BARGAINING AND FACILITATING AGREEMENTS:
CERTIFIED AGREEMENTS
30A. Application for certification of agreement that applies
only to a single business, part of a single business or
a single place of work
30AA. Application for certification of agreement that does not
only apply to a single business, part of a single
business or a single place of work
30B. Extension of certified agreements
30C. Application for approval of variation of certified
agreement as provided in the agreement
30D. Review of certified agreement on application by party to
the agreement
30E. Declaration that party is no longer bound by certified
agreement
30F. Certified agreements may be terminated by parties
PROMOTING BARGAINING AND FACILITATING AGREEMENTS:
ENTERPRISE FLEXIBILITY AGREEMENTS
30G. Application for approval of implementation or variation
of enterprise flexibility agreement
30H. Extension of enterprise flexibility agreements
30J. Review of enterprise flexibility agreement on
application by person bound by the agreement
30K. Declaration that party is no longer bound by enterprise
flexibility agreement
30L. Enterprise flexibility agreement may be terminated by
consent
PROMOTING BARGAINING AND FACILITATING AGREEMENTS:
IMMUNITY FROM CIVIL LIABILITY
30M. Notice of initiation of bargaining period
30N. Notice to Registrar of authorisation to engage in
industrial action
30P. Application to suspend or terminate bargaining period
30PA. Giving notice to the Commission for the purposes of
Section 170QH of the Act in relation to certain proposed
agreements
30PB. Application for orders in relation to negotiations for
agreements
MINIMUM ENTITLEMENTS OF EMPLOYEES
30Q. Application for minimum wage order
30R. Application for orders requiring equal remuneration for
work of equal value
30T. Application for employment termination orders by
Commission creating rules of general application
30U. Orders by Commission where employer fails to consult
trade union about terminations
30V. Register of orders made by the Commission under Part
VIA-minimum entitlements of employees
MISCELLANEOUS
31. Breach of bans clause
32. Application for cancellation or suspension of an award
32A. Variation of common rule-prescribed time
33. Settlement of awards and orders
34. Documents
35. Indorsements of documents
36. Service of documents
37. Directions as to service
38. Approved forms
39. Appeals to Reviewing Authority
40. Referral of Disagreement Concerning Manner of
Establishing or Varying a Designated Work Group
TERMINATION OF EMPLOYMENT
41. Form of Application
42. Notice of Employer's Appearance
43. Role of Representative
44. Notice of Conciliation Proceeding
45. Settlement by Conciliation
46. Discontinuance of Matter
47. Referral to the Court
48. Notice of Election of Consent Arbitration
49. Reasons for Making an Award in Consent Arbitration may
be Obtained
50. Appeal to Full Bench from an Award in a Consent
Arbitration
SCHEDULE
FORMS
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PRELIMINARY
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 1
RULE 1 CITATION
These rules may be cited as the Rules of the Australian Industrial Relations Commission.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 2
RULE 2 COMMENCEMENT
These rules shall come into operation on 3 March 1989.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 2A
RULE 2A INTERPRETATION
In these Rules, unless the contrary intention appears:
"Act" means the Industrial Relations Act 1988;
"Australian Industrial Registry Bulletin" means the publication prepared and published by the Registrar, setting out:
(a) notices required by these Rules to be published in that way; and
(b) other information concerning notice of matters before the Commission or the practice and procedure of the Commission;
"Regulations" means the Industrial Relations Regulations.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 3
RULE 3 SEALS OF COMMISSION
(1) The seal referred to in subsection 47 (1) of the Act shall be in the form represented hereunder, be kept in the custody of the President and be affixed to these Rules and such other documents as the President directs.
(2) A duplicate seal referred to in subsection 47 (2) of the Act shall be affixed to such documents as the Commission directs.
(3) The Deputy Industrial Registrar in charge of a registry shall have the custody of a seal the design of which shall as nearly as practicable be the same as the design of the seal of the Commission and which shall in respect of the Principal Registry also bear the words "Principal Registry" and in respect of any other registry the word "Registry" prefixed with the name of the State or Territory where it is situated.
(4) A seal of a kind referred to in subrule (3) in respect of a registry shall be affixed to:
(a) all decisions, determinations, awards and orders that have been reduced to writing under section 143 of the Act;
(b) all certified agreements; and
(c) all such other documents as the Commission directs.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 4
RULE 4 FORMS
(1) Subject to subrule (2), the forms in the Schedule must be used where applicable.
(1A) An application for which no form is provided within the Regulations or these Rules must set out the name of the applicant, the nature of the matter and the grounds on which the application is made and must be lodged in the Industrial Registry.
(2) It shall be sufficient compliance with these Rules as to the form of any document if the document is substantially in accordance with the requirement or has only such variations as the nature of the case requires.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 5
RULE 5 RELIEF FROM RULES
The Commission may dispense with compliance with any of the requirements of the Rules, either before or after the occasion for compliance arises.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 6
RULE 6 PROCEEDINGS WANTING OR IN DOUBT
(1) Where a person desires to commence a proceeding or take any step in a proceeding, and the manner or form of procedure is not prescribed by the Act, the Regulations or the Rules or by or under any other Act, or that person is in doubt as to the manner or form of procedure, the Commission may, on application by that person, give directions.
(2) A proceeding commenced in accordance with the directions of the Commission shall be well commenced.
(3) A step taken in accordance with the directions of the Commission shall be regular and sufficient.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 7
RULE 7 COMMISSION ACTING ON OWN MOTION
(1) If the Commission acts on its own motion under section 33 of the Act, the Commission must notify a Registrar in writing. A Registrar must process the matter as if it were an application under section 113 of the Act.
(2) If a Full Bench or the Commission acts on its own initiative under paragraph 170MM (2) (a) or 170NN (2) (a) or subparagraph 170PO (2) (b) (i) of the Act, the Commission must notify a Registrar in writing of its action.
(3) The Registrar must process the matter as if it were an application under paragraph 170MM (2) (b) or 170NN (2) (b) or subparagraph 170PO (2) (b) (ii) of the Act.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 8
RULE 8 ASSIGNMENT OF INDUSTRIES AND MEMBERS
(1) If the President has assigned an industry to a panel of members of the Commission under section 37 of the Act, the President must record such an assignment in writing which must be kept by the Industrial Registrar.
(2) If the President has assigned a Presidential Member to the Organisations Panel under section 38 of the Act, the President must record such an assignment in writing which must be kept by the Industrial Registrar.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 8A
RULE 8A DECLARATION OF AVAILABILITY TO PERFORM FUNCTIONS OF BARGAINING
DIVISION OR ASSIGNMENT OF OTHER WORK TO BARGAINING DIVISION
A declaration, or determination, of the President in writing under section 170QD or 170QG of the Act:
(a) must be kept by the Industrial Registrar; and
(b) may be inspected by any person at any time at which the Principal Registry is open to the public.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 8B
RULE 8B MATTERS TO BE DEALT WITH BY BARGAINING DIVISION
(1) If, in proceedings in the Commission:
(a) a member of the Commission is not exercising the powers of the Bargaining Division; and
(b) a party to the proceedings decides to seek the exercise of the powers of the Bargaining Division;
the party must notify the member immediately, in writing, of the party's decision.
(2) If a member of the Bargaining Division, or a person made available to the Division:
(a) commences to exercise powers of conciliation in relation to a matter; and
(b) is aware that a member of the Commission, not exercising the powers of that Division, has dealt with the matter, or with a related matter;
the first-mentioned member, or the person, must notify the President, the head of the relevant panel and the member mentioned in paragraph (b) that the powers of conciliation are to be exercised in relation to the matter.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 9
RULE 9 DELEGATION BY PRESIDENT
Where the President has made a delegation under section 40 of the Act, a copy of the instrument shall be kept by the Industrial Registrar.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 10
RULE 10 APPEALS TO FULL BENCH
(1) An appeal to a Full Bench under section 45 of the Act must be instituted by lodging with a Registrar notice of appeal and 4 copies thereof, in accordance with Form R1, together with 3 copies of:
(a) the award, order, decision or opinion under appeal;
(b) the transcript of the evidence and argument in the proceedings from which the appeal is brought;
(c) each document which was an exhibit in the proceedings; and
(d) the statement of the reasons for the award, order, decision or opinion.
(2) An appeal must be instituted within 21 days after the date of the award, order, decision or opinion appealed against or, upon application, within such further time as is allowed by a Full Bench.
(2A) An application to a Full Bench for leave to institute an appeal after the 21 days specified in subrule (2) must be in accordance with Form R1A.
(3) If it is intended to seek a stay of the whole or part of the award, order or decision pending the determination of the appeal, the notice of appeal must include an application to that effect.
(4) On lodging notice of appeal, the appellant must as soon as practicable serve:
(a) a copy of the notice of appeal and documents lodged in accordance with subrule (1) on the other parties and interveners in the proceedings from which the appeal is brought; and
(b) a copy of the notice of appeal on the Minister.
(5) On the Commission fixing a time and place for the hearing of the appeal, the Registrar must give notice accordingly to:
(a) the appellant;
(b) the other parties and interveners who appeared in the proceedings from which the appeal is brought;
(c) such other persons as the Commission directs; and
(d) the Minister.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
AUSTRALIAN INDUSTRIAL REGISTRY
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 11
RULE 11 REFERENCES BY REGISTRAR
If, under section 79 of the Act, a Registrar refers a matter or question to the President for decision, the Commission must fix a time and place for the hearing, and give such directions to a Registrar as it thinks proper for notifying any persons interested in the matter or question of the time and place so fixed.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 12
RULE 12 APPEALS FROM REGISTRAR
(1) An appeal from a Registrar under section 81 of the Act must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R2.
(2) An appeal must be made within 21 days after the date of the decision or act appealed against, or of the Registrar's refusal or failure to make a decision or do any act arising under the Act.
(3) If it is intended to seek a stay of the whole or any part of the decision or act concerned, pending the determination of the appeal, the notice of appeal must include an application to that effect.
(4) On lodging notice of appeal, the appellant must as soon as practicable serve copies on the other parties and interveners in the proceedings from which the appeal is brought.
(5) On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice accordingly to:
(a) the appellant;
(b) as directed by the presiding member the other parties and interveners who appeared in the proceedings from which the appeal is brought; and
(c) such other persons as the Commission directs.
(6) The Registrar affected by the appeal may, if the Commission thinks fit, be heard on the hearing of the appeal.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
DISPUTE PREVENTION AND SETTLEMENT
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 13
RULE 13 NOTIFICATION OF AN INDUSTRIAL DISPUTE RELATING TO A LOG OF CLAIMS
(1) A notification of an industrial dispute under section 99 of the Act arising out of service of a log of claims shall be in accordance with Form R3.
(2) The notification shall be accompanied by:
(a) a copy of the letter of demand;
(b) a copy of the log of claims;
(c) a copy of the list of persons served in accordance with these rules;
(d) a statement as to service by a person having knowledge of the facts; and
(e) a statement by an officer having knowledge of the facts and authorised for the purpose by the committee of management of the organisation serving the log of claims, that the letter of demand and log were served with the authority of the organisation.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 14
RULE 14 NOTIFICATION OF OTHER INDUSTRIAL DISPUTES
(1) A notification of an industrial dispute other than a dispute of the type referred to in rule 13 may be given orally, in writing, or by telegraph, telex, facsimile transmission or other similar means.
(2) The notification shall state the parties to the alleged industrial dispute, the matters in dispute, the titles of awards concerned, if any, and any other relevant information.
(3) Where the Commission is being asked to deal with the matter on the basis of an earlier finding of dispute, the case number of that dispute shall be stated.
(4) Where an oral notification is given, the notifier shall confirm the notification in writing.
(5) The confirmation of notification shall be in accordance with Form R3.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 15
RULE 15 APPLICATION FOR ORDERS IN RELATION TO ORGANISATION COVERAGE
(1) An application under section 118A of the Act must be in accordance with Form R3A.
(2) The applicant must serve a copy of the application on the organisations and persons which may have an interest in the matter.
(3) On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice of the time and place so fixed to such organisations and persons as the Commission directs.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 16
RULE 16 NOTICE OF HEARING OF DISPUTE
(1) When the time and place for hearing of an industrial dispute has been fixed by the Commission, a Registrar must, as directed by the Commission, give notice of the time and place so fixed to the notifier.
(2) If the dispute is a dispute of the type referred to in rule 13, the notifier must serve a copy of the notice on each person alleged to be party to the dispute.
(3) If the dispute is a dispute of the type referred to in rule 14, a Registrar must, as directed by the Commission, give notice to each person alleged to be party to the dispute.
(4) In addition to the persons referred to in this rule, a Registrar must give notice of hearing of a dispute to the Minister where the dispute is dealt with by a Full Bench.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 17
RULE 17 REGISTER OF FINDINGS OF INDUSTRIAL DISPUTES
(1) The Industrial Registrar shall keep, at the Principal Registry, a Register of Findings of Industrial Disputes.
(2) The Industrial Registrar shall cause to be recorded in the Register the following particulars in relation to all disputes that are considered by the Commission, under subsection 101 (1) of the Act, to be industrial disputes:
(a) the parties to the dispute; and
(b) the matters in dispute; and
(c) the findings of the Commission in relation to the dispute.
(3) The Register of Findings of Industrial Disputes shall be open for inspection by any person at any time when the Principal Registry is required to be open to the public.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 18
RULE 18 REFERENCE OF DISPUTES TO FULL BENCH
The decision of the President on an application under section 107 of the Act shall be recorded in writing. A copy of the decision shall be kept by a Registrar with the documents relating to the proceedings.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 19
RULE 19 PRESIDENT DEALING WITH PROCEEDINGS
Where the President decides to deal with a proceeding under section 108 of the Act, the President shall record his decision in writing. A copy of the decision shall be kept by a Registrar with the documents relating to the proceedings.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 20
RULE 20 REVIEW ON APPLICATION BY MINISTER
The procedure to be followed in an application under section 109 of the Act shall be generally in accordance with the procedure prescribed by rule 10.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 21
RULE 21 SUMMONS TO WITNESS
(1) A summons under paragraph 111 (1) (s) of the Act shall be issued only with the approval of a member of the Commission.
(2) A summons shall be signed by a member of the Commission or a Registrar, and shall be in accordance with Form R4. Any number of persons may be included in the same summons.
(3) Service shall be effected by serving on each person named in the summons a copy thereof. Service shall be in accordance with rule 36.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 22
RULE 22 AWARD BY CONSENT OF THE PARTIES
(1) If in settlement (or in part settlement) of matters in dispute, parties to a dispute seek the making of an award by consent under paragraph 111 (1) (b) of the Act, the parties must lodge a copy of the proposed award with the member of the Commission or a Full Bench, as the case may be, hearing the dispute.
(2) Each party to the proposed award by consent must also lodge a written statement, signed by a person duly authorised by the party to do so, stating that the terms of the proposed award by consent have been approved by the party.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 24
RULE 24 APPLICATION TO SET ASIDE OR VARY AWARDS
(1) An application to set aside or vary an award under section 113 of the Act must be in accordance with Form R7.
(2) On the Commission fixing a time and place for hearing of the application, a Registrar must give a copy of the application and completed notice of hearing to the applicant.
(3) The applicant must serve a copy of the application and a copy of the completed notice of hearing on all other parties to the award.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 24A
RULE 24A APPLICATION FOR VARIATION OF AWARD TO GIVE EFFECT TO
AGREEMENT NEGOTIATED UNDER ENTERPRISE FLEXIBILITY PROVISION
(1) An application to the Commission under section 113 of the Act for variation of an award, as it applies to an enterprise or workplace, for the purpose of giving effect to an agreement made under a provision included in the award under section 113A of the Act must be in accordance with Form R7A and be accompanied by a copy of the agreement.
(2) Each party to the agreement must lodge with the application a statutory declaration, made by a person authorised by the party to do so:
(a) indicating the facts establishing the basis on which the Commission can be satisfied that the requirements of subsection 113B (2) of the Act have been met; and
(b) stating which organisations of employees are parties to the award.
(3) On the Commission fixing a time and place for the hearing of the application, a Registrar must, as directed by the Commission, give notice of the time and place so fixed to the parties to the agreement as well as to each organisation of employees that is a party to the award and any other person as the Commission directs.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 25
RULE 25 NOTIFICATION OF BOYCOTT DISPUTES
(1) A notification of a boycott dispute under section 163A of the Act may be given orally subject to subrule (5), or in writing, including by facsimile, in accordance with Form R5.
(2) If the notification is given orally, a Registrar or member of the Commission must record the details of the notification.
(3) On receipt of the notification:
(a) a Registrar or a member of the Commission to whom the notification is given must record or endorse the notification, as the case requires, with the time and date of its receipt; and
(b) if the notification is given to a member of the Commission-the member must, as soon as practicable give the notification, in its written form, to a Registrar; and
(c) the Registrar must immediately send, and may do so by facsimile, a copy of the notification, or record of notification, endorsed with the date and time at which it was initially received, to persons identified in the notification and to such other parties as the Commission directs.
(4) The notification must state the parties to the dispute, the matters in dispute, and any other relevant information.
(5) If an oral notification is given, the notifier must confirm the notification in writing in accordance with Form R5 as soon as practicable.
(6) If the Commission has issued a certificate under section 163D of the Act, the certificate must be kept by a Registrar and a copy of the certificate must be given to the parties to the proceedings.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 26
RULE 26 NOTICE TO BRING AN ACTION IN TORT
(1) Written notice to a member of the Commission or a Registrar under subsection 166A (3) of the Act about an intention to bring an action in tort must be in accordance with Form R5A.
(2) On receipt of the notice:
(a) a Registrar or a member of the Commission to whom the notice is given must endorse the notice with the time and date of its receipt; and
(b) if the notice is given to a member of the Commission-the member must, as soon as practicable give the notice to a Registrar; and
(c) the Registrar must immediately send, and may do so by facsimile, a copy of the notice endorsed with the date and time at which it was initially received by the Commission, to each organisation of employees referred to in the notice.
(3) If the Commission has issued a certificate under subsection 166A (6) of the Act, the certificate must be kept by a Registrar and a copy of the certificate must be given to the parties to the dispute.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 27
RULE 27 PREFERENCE
An application under section 122 of the Act shall be signed by or on behalf of the applicant and shall state:
(a) the titles of relevant awards;
(b) the details of the order sought;
(c) the grounds in support of the application; and
(d) the names of all other organisations having an interest in the matter.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 28
RULE 28 RESTRAINING STATE AUTHORITIES
(1) An application for an order under section 128 of the Act shall be signed by or on behalf of the applicant and shall state:
(a) the name of the State industrial authority;
(b) the matter being dealt with by the authority;
(c) the matter before the Commission or provided for in an award or order of the Commission;
(d) the parties; and
(e) the grounds in support of the application.
(2) An order restraining a State industrial authority shall be served by a Registrar on the authority as soon as possible after the making of the order.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 29
RULE 29 SECRET BALLOT
An application under section 136 of the Act shall be in writing and signed by the members seeking a secret ballot.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30
RULE 30 REFERENCE OF DISPUTE TO STATE AUTHORITY FOR DETERMINATION
Where the President has referred an industrial dispute to a State authority under section 174, the President shall cause to be furnished to the Industrial Registrar particulars of the dispute referred and the name of the authority to which it was referred.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PROMOTING BARGAINING AND FACILITATING AGREEMENTS:
CERTIFIED AGREEMENTS
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30A
RULE 30A APPLICATION FOR CERTIFICATION OF AGREEMENT THAT APPLIES ONLY TO A
SINGLE BUSINESS, PART OF A SINGLE BUSINESS OR A SINGLE PLACE OF WORK
(1) An application to the Commission under subsection 170MA (4) of the Act for the certification of an agreement that applies only to a single business, part of a single business or a single place of work must be:
(a) in accordance with Form R6; and
(b) accompanied by an original of the memorandum of agreement signed by the parties to the agreement together with three copies for the use of the Industrial Registry and sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission.
(2) Each party to the agreement must lodge with the application a statutory declaration in accordance with Form R6AA made by a person authorised by the party to do so.
(3) On the Commission fixing the time and place for hearing of the application, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to:
(a) the parties to the agreement; and
(b) other interested persons and organisations of employees as the Commission may direct.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30AA
RULE 30AA APPLICATION FOR CERTIFICATION OF AGREEMENT THAT DOES NOT ONLY APPLY
TO A SINGLE BUSINESS, PART OF A SINGLE BUSINESS OR A SINGLE PLACE OF WORK
(1) An application to the Commission under subsection 170MA (4) of the Act for the certification of an agreement that does not only apply to a single business, part of a single business or a single place of work must be:
(a) in accordance with Form R6AB; and
(b) accompanied by an original of the memorandum of agreement signed by the parties to the agreement together with three copies for the use of the Industrial Registry and sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission.
(2) Each party to the agreement must lodge with the application a statutory declaration made by a person authorised by the party to do so.
(3) The statutory declaration must:
(a) either:
(i) identify the dispute in settlement, part settlement or
prevention of which the agreement is made, and the matters that are being settled by the terms agreed; or
(ii) identify the facts on which it is asserted that the
agreement is between parties to an industrial situation and is for preventing the situation from giving rise to an industrial dispute between them; and
(b) indicate whether each of the requirements of section 170MC of the Act necessary for certification of the agreement has been met (including whether circumstances exist that result in one or more of the requirements in subsection 170MC (1) of the Act not having been met) and the facts on which that opinion is based; and
(c) deal with each of the requirements of section 170MC of the Act in a separate numbered paragraph that identifies the part of the section to which the opinion and facts referred to in that paragraph relate; and
(d) 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
(e) state the number of employees covered by the agreement; and
(f) 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 (f)) may be relevant employees for the purposes of subsection 170MG (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 (f) and (g) 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
(j) identify any employees whose interests may not have been taken into account in the negotiations; and
(k) state whether the agreement provides for any of its terms to be varied during the period of operation specified in the agreement; and
(l) state whether the agreement constitutes a closed agreement, in that the agreement provides for no further wage or salary increases during the period of operation specified in the agreement, 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.
(4) On the Commission fixing the time and place for hearing of the application, a Registrar must, as directed by the Commission, give notice of the time and place so fixed to:
(a) the parties to the agreement; and
(b) other interested persons and organisations of employees as the Commission may direct.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30B
RULE 30B EXTENSION OF CERTIFIED AGREEMENTS
(1) An application under subparagraph 170MJ (2) (b) (i) of the Act for the approval of the Commission for the extension of a certified agreement must be:
(a) in accordance with Form R6A; and
(b) accompanied by a written statement signed by all the parties to the agreement signifying their agreement to the extension.
(2) A notification under subparagraph 170MJ (2) (b) (ii) of the extension of a certified agreement must be:
(a) in accordance with Form R6B; and
(b) accompanied by a written statement signed by all the parties to the agreement signifying their agreement to the extension.
(3) If the agreement applies only to a single business, part of a single business or a single place of work, the applicant party or parties to the agreement must lodge with the application under subrule (1) a statutory declaration made by a person authorised by the party or parties to do so which:
(a) identifies the organisations of employees entitled to represent the industrial interests of employees covered by the agreement which have members employed in the business, part of the business, or place of work concerned; and
(b) states whether one or more awards bind an employer who is party to the agreement in respect of work performed in that business, part of that business or place of work concerned; and
(c) if one or more awards bind an employer-identify the award or awards.
(4) On the Commission fixing a time and place for hearing of the application, a Registrar must, as directed by the Commission, give notice of the time and place so fixed to:
(a) the parties to the agreement; and
(b) an organisation of employees that is entitled under section 170MB of the Act to be heard; and
(c) such other interested persons and organisations of employees as the Commission may direct.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30C
RULE 30C APPLICATION FOR APPROVAL OF VARIATION OF CERTIFIED
AGREEMENT AS PROVIDED IN THE AGREEMENT
(1) An application under section 170ML of the Act for the approval of a variation to a certified agreement must be:
(a) in accordance with Form R6C; and
(b) accompanied by a copy of the variation or varied agreement.
(2) If the agreement applies only to a single business, part of a single business or a single place of work, the applicant party or parties to the agreement must lodge with the application under subrule (1) a statutory declaration made by a person authorised by the party or parties to do so which:
(a) identifies the organisations of employees entitled to represent the industrial interests of employees covered by the agreement which have members employed in the business, part of the business, or place of work concerned; and
(b) states whether one or more awards bind an employer who is party to the agreement in respect of work performed in that business, part of that business or place of work concerned; and
(c) if one or more awards bind an employer-identify the award or awards.
(3) On the Commission fixing a time and place for hearing of the application, a Registrar must, as directed by the Commission give notice of the time and place so fixed to:
(a) the parties to the agreement; and
(b) an organisation of employees that is entitled under section 170MB of the Act to be heard; and
(c) such other interested persons and organisations of employees as the Commission may direct.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30D
RULE 30D REVIEW OF CERTIFIED AGREEMENT ON APPLICATION BY PARTY TO THE
AGREEMENT
(1) An application under paragraph 170MM (2) (b) of the Act for review of the operation of a certified agreement must be in accordance with Form R6D.
(2) On the Commission fixing a time and place for hearing of the application, a Registrar must give a copy of the application and completed notice of hearing to the applicant.
(3) The applicant must serve a copy of the application and a copy of the completed notice of hearing on all other parties to the certified agreement.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30E
RULE 30E DECLARATION THAT PARTY IS NO LONGER BOUND BY CERTIFIED AGREEMENT
(1) An application for a declaration under subsection 170MM (6) of the Act that a party is no longer bound by a certified agreement must be in accordance with Form R6E.
(2) On the Commission fixing a time and place for hearing of the application, a Registrar must give a copy of the application and completed notice of hearing to the applicant.
(3) The applicant must serve a copy of the application and a copy of the completed notice of hearing on all other parties to the certified agreement.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30F
RULE 30F CERTIFIED AGREEMENTS MAY BE TERMINATED BY PARTIES
(1) A notification under subsection 170MN (1) of the Act that a party to an agreement does not want to remain bound by the agreement must be:
(a) in accordance with Form R6F; and
(b) accompanied by a written statement signed by all the parties to the agreement signifying their consent.
(2) A notification under subsection 170MN (2) of the Act that all the parties to an agreement want the agreement to be terminated must be in accordance with Form R6G.
(3) A Registrar must, if and as directed by the Commission, give notice of the time and place of any hearing of the notification to the parties to the agreement.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PROMOTING BARGAINING AND FACILITATING AGREEMENTS:
ENTERPRISE FLEXIBILITY AGREEMENTS
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30G
RULE 30G APPLICATION FOR APPROVAL OF IMPLEMENTATION OR VARIATION OF
ENTERPRISE FLEXIBILITY AGREEMENT
(1) An application to the Commission under section 170NA of the Act for approval of implementation of an enterprise flexibility agreement, or, under section 170NM of the Act, for variation of an enterprise flexibility agreement, must be:
(a) by way of a statutory declaration made in accordance with Form R8 by a person authorised by the employer to do so; and
(b) accompanied by a copy of the instrument of agreement signed by the employer.
(4) When the application is lodged, a Registrar must:
(a) prepare and publish, within 7 working days, a notice in accordance with Form R8A stating that the application has been made; and
(b) for the purposes of subsection 170NB (2) of the Act, publish, as soon as practicable, the notice in the Australian Industrial Registry Bulletin.
(5) On the Commission fixing a time and place for the hearing of the application, a Registrar must:
(a) give notice of the time and place so fixed to the applicant; and
(b) as directed by the Commission-prepare and publish, in the Australian Industrial Registry Bulletin, within 7 working days, a notice in accordance with Form R8A stating the time and place so fixed; and
(c) ensure that a copy of the Australian Industrial Registry Bulletin containing the notice is available for inspection at each Registry free of charge.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30H
RULE 30H EXTENSION OF ENTERPRISE FLEXIBILITY AGREEMENTS
(1) An application under section 170NK of the Act for the extension of an enterprise flexibility agreement must be in accordance with Form R8B.
(2) The employer must lodge with the application a statutory declaration made by a person authorised to do so.
(3) The statutory declaration must:
(a) identify any award which binds the employer in respect of work performed in the affected enterprise; and
(b) identify any organisation of employees which is an eligible union within the meaning of section 170LB of the Act; and
(c) indicate the facts which establish a basis for the Commission to be satisfied that the requirements of subsection 170NK (1) of the Act are met.
(4) On the Commission fixing a time and place for the hearing of the application, a Registrar must:
(a) give notice of the time and place so fixed to the applicant and, as directed by the Commission, to each eligible union of whose existence the Commission is aware; and
(b) forward a copy of the notice, as directed by the Commission, to the office of each organisation of employees known to the Commission to be bound by an award that binds the employer in respect of work performed in the enterprise.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30J
RULE 30J REVIEW OF ENTERPRISE FLEXIBILITY AGREEMENT ON APPLICATION
BY PERSON BOUND BY THE AGREEMENT
(1) An application under paragraph 170NN (2) (b) of the Act for review of the operation of an enterprise flexibility agreement must be in accordance with Form R8C.
(2) On the Commission fixing a time and place for hearing of the application, a Registrar must give a copy of the application and completed notice of hearing to the applicant.
(3) The applicant must serve a copy of the application and a copy of the completed notice of hearing on all other persons bound by the enterprise flexibility agreement.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30K
RULE 30K DECLARATION THAT PARTY IS NO LONGER BOUND BY ENTERPRISE
FLEXIBILITY AGREEMENT
(1) An application for a declaration under subsection 170NN (6) of the Act that a person bound by an enterprise flexibility agreement is no longer bound by it must be in accordance with Form R8D.
(2) On the Commission fixing a time and place for hearing of the application, a Registrar must give a copy of the application and completed notice of hearing to the applicant.
(3) The applicant must serve a copy of the application and a copy of the completed notice of hearing on all other persons bound by the enterprise flexibility agreement.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30L
RULE 30L ENTERPRISE FLEXIBILITY AGREEMENT MAY BE TERMINATED BY CONSENT
(1) A notification under section 170NO of the Act that a person be no longer bound by an enterprise flexibility agreement, or that it be terminated, must be in accordance with Form R8E.
(2) On the Commission fixing a time and place for hearing of the application, a Registrar must, as directed by the Commission, give notice of the time and place of the hearing of the notification to the notifier, and to such other persons bound by the agreement, in such manner as the Commission directs.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PROMOTING BARGAINING AND FACILITATING AGREEMENTS:
IMMUNITY FROM CIVIL LIABILITY
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30M
RULE 30M NOTICE OF INITIATION OF BARGAINING PERIOD
Notice to the Commission under subsection 170PD (2) of the Act initiating a bargaining period must be in accordance with Form R8F.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30N
RULE 30N NOTICE TO REGISTRAR OF AUTHORISATION TO ENGAGE IN INDUSTRIAL ACTION
(1) A notice to the Registrar under section 170PK of the Act of the giving of authorisation to engage in industrial action must be in accordance with Form R8G.
(2) The notice must be lodged promptly in the Registry.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30P
RULE 30P APPLICATION TO SUSPEND OR TERMINATE BARGAINING PERIOD
(1) An application to the Commission under subsection 170PO (2) of the Act to suspend or terminate a bargaining period must be in accordance with Form R8H.
(2) The applicant must serve a copy of the application on the other negotiating parties.
(3) On the Commission fixing the time and place for hearing of the application, a Registrar must, as directed by the Commission, give notice of the time and place so fixed to the negotiating parties.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30PA
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.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30PB
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.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
MINIMUM ENTITLEMENTS OF EMPLOYEES
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30Q
RULE 30Q APPLICATION FOR MINIMUM WAGE ORDER
(1) An application under section 170AD of the Act for a minimum wage order must be in accordance with Form R10A.
(2) The applicant must, if practicable:
(a) state in the application whether the Commission is to be asked to exercise the power in section 170AH of the Act; and
(b) if the Commission is to be asked to exercise that power-identify the dispute and the likely parties to the dispute which will be prevented by the making of the order.
(3) The applicant must serve a copy of the application and a notice in accordance with Form R10B on:
(a) each trade union whose rules entitle it to represent the industrial interests of any of the employees concerned; and
(b) each organisation or association representing employers of any of those employees; and
(c) any other person on whom the Commission directs service.
(4) On the Commission fixing a time and place for the hearing of the application, a Registrar must:
(a) publish, for the purposes of subsection 170AE (5) of the Act, a notice in accordance with Form R10B in the Gazette; and
(b) give a copy of the notice to the applicant; and
(c) give any additional notice in such form and manner as the Commission thinks fit.
(5) If the Commission makes an order under section 170AC of the Act, a Registrar must, if the Commission directs, publish the order in the Gazette and in such other form and manner (if any) as the Commission thinks fit.
(6) Before making an order exercising the power under section 170AH of the Act, the Commission must record the industrial dispute to be prevented and the likely parties to the dispute.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30R
RULE 30R APPLICATION FOR ORDERS REQUIRING EQUAL REMUNERATION FOR
WORK OF EQUAL VALUE
(1) An application under section 170BD of the Act for an order requiring equal remuneration for work of equal value must be in accordance with Form R10C.
(2) The applicant must, if practicable:
(a) state in the application whether the Commission is to be asked to exercise the power under section 170BI of the Act; and
(b) if the Commission is to be asked to exercise that power-identify the dispute and likely parties to the dispute which will be prevented by making the order.
(3) The applicant must serve a copy of the application and a notice in accordance with Form R10D on:
(a) each trade union whose rules entitle it to represent the industrial interests of any of the employees concerned; and
(b) each organisation or association representing employers of any of those employees; and
(c) the Sex Discrimination Commissioner; and
(d) any other person on whom the Commission directs service.
(4) On the Commission fixing a time and place for the hearing of the application, a Registrar must:
(a) publish a notice in accordance with Form R10D in the Gazette; and
(b) give a copy of the notice to the applicant; and
(c) give any additional notice in such form and manner as the Commission thinks fit.
(5) If the Commission makes an order under section 170BC of the Act, a Registrar must, if the Commission directs, publish the order in the Gazette and in such other form and manner (if any) as the Commission thinks fit.
(6) Before making an order exercising the power under section 170BI of the Act, the Commission must record the industrial dispute to be prevented and the likely parties to the dispute.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30T
RULE 30T APPLICATION FOR EMPLOYMENT TERMINATION ORDERS BY
COMMISSION CREATING RULES OF GENERAL APPLICATION
(1) An application under section 170FB of the Act for an employment termination order by the Commission creating rules of general application must be in accordance with Form R10E.
(2) The applicant must serve a copy of the application and a notice in accordance with Form R10F on:
(a) each trade union whose rules entitle it to represent the industrial interests of any of the employees concerned; and
(b) each organisation or association representing employers of any of those employees; and
(c) any other person on whom the Commission directs service.
(3) On the Commission fixing a time and place for the hearing of the application, a Registrar must:
(a) publish a notice in accordance with Form R10F in the Gazette; and
(b) provide a copy of the notice to the applicant; and
(c) give any additional notice in such form and manner as the Commission thinks fit.
(4) If the Commission makes an order under section 170FA of the Act, a Registrar must, if the Commission directs publish the order in the Gazette and in such other form and manner (if any) as the Commission thinks fit.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30U
RULE 30U ORDERS BY COMMISSION WHERE EMPLOYER FAILS TO CONSULT TRADE
UNION ABOUT TERMINATIONS
(1) An application under section 170GB of the Act for an order where an employer fails to consult about termination must be in accordance with Form R10G.
(2) The applicant must serve a copy of the application on the employer and on each trade union which could also have made such an application under section 170GB.
(3) On the Commission fixing a time and place for hearing of the application, a Registrar must give notice of the time and place so fixed to the applicant, the employer and each relevant trade union.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 30V
RULE 30V REGISTER OF ORDERS MADE BY THE COMMISSION UNDER PART
VIA-MINIMUM ENTITLEMENTS OF EMPLOYEES
(1) The Industrial Registrar must keep at the Principal Registry a Register of Orders made by the Commission under Part VIA of the Act.
(2) The Register may be inspected by any person at any time when the Principal Registry is open to the public.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
MISCELLANEOUS
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 31
RULE 31 BREACH OF BANS CLAUSE
(1) A notification under section 181 of the Act shall state:
(a) the name of the notifier;
(b) the title of the award or agreement;
(c) particulars of the alleged breach;
(d) the parties involved; and
(e) the grounds in support of the notification.
(2) Upon lodging the notification, the notifier shall forthwith serve a copy on each party to the award or agreement.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 32
RULE 32 APPLICATION FOR CANCELLATION OR SUSPENSION OF AN AWARD
(1) An application under section 187 of the Act for the cancellation or suspension of an award must be in accordance with Form R9.
(2) On the Commission fixing a time and place for hearing of the application, a Registrar must give a copy of the application and the completed notice of hearing to the applicant.
(3) The applicant must serve a copy of the application and a copy of the completed notice of hearing on all other parties to the award.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 32A
RULE 32A VARIATION OF COMMON RULE-PRESCRIBED TIME
For the purposes of subsection 142 (8) of the Act, the period prescribed is 28 days.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 33
RULE 33 SETTLEMENT OF AWARDS AND ORDERS
(1) (a) Where a Full Bench directs that the draft award or order be settled by a Registrar, the party who was the applicant or the party directed by the Full Bench shall, within 14 days after the direction was given, or within such further time as the Registrar allows, lodge the draft award or order in the Industrial Registry.
(b) A Registrar shall, within 14 days after the lodging of the draft of the award or order, give to the parties notice of the Registrar's intention to settle the draft.
(c) If the party who is required so to do fails to lodge the draft of the award or order within the time prescribed by this rule the Registrar shall give to the parties notice of the Registrar's intention to settle the draft.
(2) Where a member of the Commission directs a party to lodge a draft award or order, that party shall, within 14 days after the direction was given or such further time as the member allows, lodge the draft award or order in the Industrial Registry.
(3) Notwithstanding subrule 34 (3), a draft award or order may be lodged on diskette prepared electronically.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 34
RULE 34 DOCUMENTS
(1) Except if otherwise specified, an original and 4 copies of all documents for use in the Commission must be lodged in the Industrial Registry.
(2) An original and 1 copy of all documents required to be lodged under Part VII, Divisions 1 and 2 and Part VIII of the Regulations must be lodged in the Industrial Registry.
(3) All documents lodged for use in the Commission must be:
(a) on white international A4 size paper; and
(b) typewritten, clearly written or reproduced on one side of the paper only.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 35
RULE 35 INDORSEMENT OF DOCUMENTS
Each document which is lodged in connection with any matter before the Commission shall be indorsed with the name and address of the party lodging it, and the address shall be the address for service of that party.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 36
RULE 36 SERVICE OF DOCUMENTS
(1) Except as otherwise prescribed, or unless the Commission otherwise directs, parties must serve all documents.
(2) Service of a document upon a person, a body corporate or an organisation or branch of an organisation, must be effected by:
(a) leaving the document with the person to whom it is addressed, the secretary of the body corporate or the secretary of the organisation or branch;
(b) tendering the document to the person to whom it is addressed, the secretary of the body corporate or the secretary of the organisation or branch;
(c) leaving the document with any person apparently above the age of 15 years at the residence or usual place of business of the person intended to be served, at the registered office of the body corporate or the office of the organisation or branch or, in a proceeding in which the person body corporate or organisation or branch has lodged an address for service, at that address; or
(d) posting the document in a prepaid envelope sent by security post or certified mail to the residence or usual place of business of the person intended to be served, to the secretary at the registered office of the body corporate or of the office of the organisation or branch or, in a proceeding in which the person, body corporate or organisation or branch has lodged an address for service, at that address.
(3) For the purposes of subrule (2):
"secretary", in the case of a body corporate which is a body corporate established by a law of the Commonwealth or of a State or Territory of the Commonwealth, means the secretary, clerk or other proper officer of the body corporate;
"registered office", in relation to such a body corporate, means the principal office or the principal place of business of the body corporate.
(4) Where service of a document is effected by posting the document to the person to whom it is directed, service of the document must, unless the contrary is proved, be deemed to have been effected at the time when the letter containing the document would, in the ordinary course of post, be delivered at the address to which it is posted.
(5) In any proceeding, a certificate under the hand of:
(a) a person occupying or performing the duties of Chief General Manager, Australian Postal Commission; or
(b) a person authorised in writing by such a person to give certificates under this subrule;
stating that a letter posted (postage being prepaid) at a specified time, on a specified day, at a specified place and addressed to a specified address would, in the ordinary course of post, have been delivered at that address on a specified day is evidence of the facts stated.
(6) For the purposes of subrule (5), a document purporting to be a certificate referred to in that subrule shall, unless the contrary is proven, be deemed to be such a certificate and to have been duly given.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 37
RULE 37 DIRECTIONS AS TO SERVICE
(1) If provision is made for personal or other service of any document in proceedings before the Commission, the Commission may, on the application of a party in accordance with Form R10 supported by a written statement, subject to the Act, make such order for substituted or other service, or for the substitution, for the service otherwise required, of notice by letter, telegram, telex, facsimile transmission, public advertisement or otherwise, as it thinks just for the purpose of bringing the document to the notice of the person to be served.
(2) If the Commission orders that notice by letter, telegram, telex, facsimile transmission or public advertisement be substituted for the service otherwise required, the notice must contain such particulars as the Commission directs.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 38
RULE 38 APPROVED FORMS
The approved forms for the purposes of the undermentioned regulations are:
Regulation 16 Application for a common rule
Form R11
Regulation 16 Notice of application
Form R12
Regulation 18 Notice of appearance
Form R13
Regulation 21 Publication of notice for the purposes of
paragraph 141 (4) (a) of the Act
Form R14
Regulation 22 Variation of common rule-notice for the
purposes of subsection 142 (3) of the Act
Form R15
Regulation 23 Publication of notice for the purposes of
subsection 142 (4) of the Act
Form R16
Regulation 24 Notice for the purposes of subsection 142
(6) of the Act
Form R17
Regulation 33 Application for registration-employers
Form R18
Regulation 33 Application for registration-employees
Form R19
Regulation 39 Application for change of name etc-section
190 of the Act
Form R20
Regulation 48 Application for consent to change of name of
organisation
Form R21
Regulation 48 Application for consent to an alteration of
eligibility rules
Form R22
Regulation 99 Application for a conscientious objection
certificate
Form R23
Regulation 100 Application for renewal of a conscientious
objection certificate
Form R24
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 39
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.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 40
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.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
TERMINATION OF EMPLOYMENT
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 41
RULE 41 FORM OF APPLICATION
(1) An application to the Commission under subsection 170EA (1) of the Act must be:
(a) in accordance with Form R28; and
(b) lodged in the Industrial Registry.
(2) An application may be lodged personally, by post or facsimile transmission.
(3) The application may be accepted for lodgment if, in the opinion of a Registrar, it complies substantially with subrule (1).
(4) In spite of subrule (1), an application that is not signed by the employee may be accepted for lodgment if:
(a) the application is made by a trade union on behalf of the employee; or
(b) the application has been prepared by a solicitor or authorised representative of the employee.
(5) If it is intended to make an application referred to in paragraph 170EA (3) (b) of the Act to allow the lodgment of an application under subsection 170EA (1) of the Act more than 14 days after the employee receives written notice of the termination, the application under subsection 170EA (1) must include a statement to that effect.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 42
RULE 42 NOTICE OF EMPLOYER'S APPEARANCE
(1) An application lodged under subrule 41 (1) is answered by the employer filing a notice of appearance in accordance with Form R29.
(2) A notice of appearance must be filed within 7 days of service of the application on the employer by the Registry.
(3) A notice of appearance may be filed personally, by post or facsimile transmission.
(4) The notice may be accepted for filing if, in the opinion of a Registrar, it complies substantially with subrule (1).
(5) A notice that is not signed by the employer may be accepted for filing if the notice has been prepared by:
(a) an employer organisation of which the employer is a member; or
(b) a solicitor or authorised representative of the employer.
(6) At any stage of a conciliation or consent arbitration, or related proceedings, the Commission may permit an employer to appear notwithstanding the employer's failure to file a notice of appearance.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 43
RULE 43 ROLE OF REPRESENTATIVE
(1) A person representing the employee must:
(a) promptly advise the employee of the importance of the employee being present in person at the conciliation proceeding; and
(b) have sufficient authority to deal with the matter on behalf of the employee.
(2) A person representing the employer must:
(a) promptly advise the employer of the importance of the employer being present at the conciliation proceeding in person, or if the employer is an organisation, through a responsible officer of the organisation; and
(b) have sufficient authority to deal with the matter on behalf of the employer.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 44
RULE 44 NOTICE OF CONCILIATION PROCEEDING
(1) For the purposes of subsection 170EB (1) of the Act the Commission must fix a time and place for conciliation of the matter to which an application under section 170EA of the Act relates.
(2) On the Commission fixing a time and place for the conciliation of the matter, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to the parties to the conciliation proceeding.
(3) The Commission may direct that additional documentation as it considers necessary must accompany the notice given under subrule (2).
(4) Nothing in this rule prevents the Commission from conciliating a matter by means other than convening a conciliation conference.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 45
RULE 45 SETTLEMENT BY CONCILIATION
If a matter is settled by conciliation under subsection 170EB (1) of the Act, the Commission must require the parties to reduce the terms of settlement to writing, if it is practicable to do so.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 46
RULE 46 DISCONTINUANCE OF MATTER
(1) An employee may discontinue a matter at any time while the matter is before the Commission under section 170EA, 170EB, 170EC or 170ECA of the Act.
(2) A matter is discontinued by filing a notice in accordance with Form R30.
(3) A notice of discontinuance may be filed personally, by post or facsimile transmission.
(4) If an employee does not attend the conciliation proceeding, the Commission, after giving the employee an opportunity to be heard, may deem the matter to have been discontinued by the applicant.
(5) Any matter deemed to be discontinued under this rule may be restored for a conciliation proceeding only by application to a Presidential Member.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 47
RULE 47 REFERRAL TO THE COURT
If the Commission issues a certificate under subsection 170ED (1) of the Act:
(a) the Commission must give a copy of the certificate to each of the parties; and
(b) the Commission must give the certificate to a Registrar; and
(c) the Registrar must give the application to which the certificate relates to a Registrar of the Court, together with:
(i) the certificate; and
(ii) if a notice of employer's appearance has been filed under
rule 42-a copy of the notice.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 48
RULE 48 NOTICE OF ELECTION OF CONSENT ARBITRATION
(1) An election under subsection 170EB (2) or (3) of the Act by a party to a conciliation to have the matter to which the conciliation relates dealt with by consent arbitration must be in accordance with Form R31.
(2) An election under subrule (1) may be filed:
(a) if the Commission has decided that the matter cannot be settled by conciliation, or further conciliation, within a reasonable period-within a period determined by the Commission (being a period of not more than 7 days after the Commission has invited the parties to elect to have the matter dealt with by consent arbitration); or
(b) in any other case-at any time during the conciliation of a matter.
(3) A notice of election may be filed personally, by post or facsimile transmission.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 49
RULE 49 REASONS FOR MAKING AN AWARD IN CONSENT ARBITRATION MAY BE OBTAINED
(1) If the Commission makes an award under subsection 170EC (4) of the Act, a party to the consent arbitration may request, in writing, that the member of the Commission who made the award give to the party a statement of reasons for the award.
(2) A request for a statement of reasons under subrule (1) must be made within 7 days after the date of the award.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - RULE 50
RULE 50 APPEAL TO FULL BENCH FROM AN AWARD IN A CONSENT ARBITRATION
(1) An appeal to a Full Bench under section 170ECA of the Act from an award must be instituted by lodging with a Registrar a notice of appeal and 4 copies of the notice, in accordance with Form R32, together with 3 copies of:
(a) the award; and
(b) the transcript of the evidence and argument in the proceedings from which the appeal is brought (if any); and
(c) each document that was an exhibit in the proceedings; and
(d) the statement of the reasons for the award (if any).
(2) Subject to subrule (3), an appeal must be instituted within 28 days after the date of the award appealed from or, upon application, within such further time as is allowed by a Full Bench.
(3) If a request for the statement of reasons has been made under Rule 49, an appeal must be instituted within 28 days after the date on which the statement of reasons is given.
(4) An application to a Full Bench for leave to institute an appeal after the end of the period of 28 days specified in subrule (2) or (3), as the case may be, must be in accordance with Form R33.
(5) If it is intended to seek a stay of the whole or part of the award pending the determination of the appeal, the notice of appeal must include an application to that effect.
(6) On lodging the notice of appeal, the appellant must serve, as soon as practicable, a copy of the notice of appeal and documents lodged in accordance with subrule (1) on the other parties to the award.
(7) On the Commission fixing a time and place for the hearing of the appeal, the Registrar must give notice of the time and place so fixed to the appellant and the other parties to the award.
RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - SCHEDULE SCH
SCHEDULE
FORM R1 Rule 10
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPEAL UNDER SECTION 45
IN the matter of: (insert the title of the matter and the case number)
Notice of an appeal is given by (insert name of applicant) against (*the
decision, award, order or opinion made or act or refusal or failure to
make a decision or do an act) by (insert name of member of the Commission)
at (place) on (date) in this matter.
The grounds of this appeal are as follows:
(Set out in numbered paragraphs the grounds including particulars of the
grounds on which it is claimed that the matter is of such importance that,
in the public interest, leave to appeal should be granted)
Dated 19 .
Signature of applicant
* The applicant must detail the particulars of the matter(s) being
appealed by way of specific reference to the categories listed in
subsection 45 (1) of the Act.
Note: If it is intended to seek a stay of the whole or part of the award,
order or decision pending the determination of the appeal, the notice of
appeal must include an application to that effect, as set out below:
"Application is also made for an order that the operation of (set out
the whole or part of the award, order or decision) be stayed pending the
determination of this appeal or until further order of the Commission.
Dated 19 .
Signature of applicant"
FORM R1A Rule 10
Registry at the following place(s) at (address) free of charge.
Registrar
omit whichever is inapplicable
RULE 30U
FORM R10G
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR ORDER WHERE EMPLOYER FAILS TO CONSULT
TRADE UNION ABOUT TERMINATIONS
Application is made by (insert the name of the employee, or trade union
whose position is to be affected by the order or trade union whose rules
entitle it to represent the industrial interests of such employees) for
the making of an order where the employer fails to consult (insert name of
trade union) about terminations.
The order sought is:
(set out terms of the order sought and name and address of employer)
The grounds on which this application is made are as follows:
(set out in numbered paragraphs the grounds including the particulars of
the grounds on which it is claimed that no adequate alternative remedy
exists under section 170GC)
Dated 199 .
Signature of applicant
FORM R11 Regulation 16
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR COMMON RULE
IN the matter of:
(insert title of award and case number)
Application is made by (insert name of applicant) for a declaration that
the terms hereinafter mentioned be a common rule in the (insert name
Territory) for the (insert name industry);
or
for the whole or a specified class of public sector employment named
hereunder.
(Set out terms)
Dated 19 .
Signature of applicant
omit whichever is inapplicable.
FORM R12 Regulation 16
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPLICATION FOR COMMON RULE DECLARATION
IN the matter of:
(insert title of award and case number)
Notice is hereby given that (insert name of applicant) has made
application for a declaration that the terms hereinafter mentioned be a
common rule:
in the (insert name Territory) for the (insert name industry);
or
for the whole or a specified class of public sector employment named
hereunder.
A copy of the award may be inspected at the Australian Industrial
Registry, (or at the following places) at
free of charge.
The application will be heard at on
the day of 19 ,
before
If you desire to be heard on the hearing of the application, notice to
that effect must be given to the Commission.
Persons and organisations not so appearing or represented will be bound by
any declaration made by the Commission in the matter which is applicable
to them.
(Set out terms)
Dated 19 .
Registrar
omit whichever is inapplicable.
FORM R13 Regulation 18
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPEARANCE TO OBJECT TO AN APPLICATION FOR COMMON RULE
IN the matter of:
(insert title of award and case number)
And in the matter of an application to declare the award (or part thereof)
a common rule of the (specify Territory and industry or whole (or class)
of public sector employment).
Take notice that (insert name) claims to be interested in, and desires to
be heard on the hearing of, the application in the above matter.
The objection relates to the following matters:
(Set out in numbered paragraphs the terms objected to and the grounds of
objection.)
Dated 19 .
Signature
FORM R14 Regulation 21
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPLICATION FOR COMMON RULE DECLARATION
IN the matter of:
(insert title of award and case number)
Notice is hereby given that (insert name of applicant) has made
application for a declaration that the terms hereinafter mentioned be a
common rule:
in the (insert name Territory) for the (insert name industry);
or
for the whole or a specified class of public sector employment named
hereunder.
A copy of the award may be inspected at the Australian Industrial
Registry, (or at the following places) at free
of charge.
The application will be heard at on
the day of 19 ,
before
If you desire to be heard on the hearing of the application, notice to
that effect must be given to the Commission.
Persons and organisations not so appearing or represented will be bound by
any declaration made by the Commission in the matter which is applicable
to them.
(Set out terms)
Dated 19 .
Registrar
omit whichever is inapplicable.
FORM R15 Regulation 22
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF HEARING OF APPLICATION TO VARY A COMMON RULE AWARD
IN the matter of:
(insert title of award and case number)
AND in the matter of an application to vary the abovementioned award.
Notice is hereby given -
(a) that this matter involves the variation of the term (or each of the
terms) of the abovementioned award referred to in the Schedule below.
(b) that the term (or each of the terms) so referred to is (or are) a
common rule of the (specify Territory and industry or whole (or specified
class) of public sector employment, (as the case requires)) and
(c) the matter will be heard at (am/pm) on ,
19 before
A copy of the award (or order) may be inspected at the Australian
Industrial Registry at the following places at (address) free of charge.
SCHEDULE
TERMS TO BE VARIED
Clause No. Subject Substance of variation
Dated 19 .
Registrar
FORM R16 Regulation 23
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF VARIATION OF COMMON RULE AWARD
IN the matter of:
(insert title of award and case number)
(insert date of award etc.)
AND in the matter of the variation of the above award
Notice is hereby given
(a) that on 19 , the Commission varied the
term (or terms) of the above-mentioned award referred to in the Schedule
below
(b) that the variation will be a common rule of the (specify Territory
and industry or whole (or specified class) of public sector employment (as
the case requires)) with effect from 19 ; and
(c) that any organisation or person interested and having an objection
to the variation binding that person or organisation and wanting to be
heard in relation to the abovementioned variation is invited to lodge with
the Commission a notice of that objection.
A copy of the award may be inspected at the office of the Australian
Industrial Registry at (address) free of charge.
SCHEDULE
TERMS TO BE VARIED
Print Number
Clause No. Subject Substance of variation
Dated 19 .
Registrar
FORM R17 Regulation 24
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
DECLARATION OF COMMON RULE APPLICATION NOT BINDING ON
ORGANISATION OR PERSON
IN the matter of:
(insert title of award and case number)
AND in the matter of the variation of the abovementioned award
Notice is hereby given
(a) that, on 19 , the Commission varied the term
(or terms) of the above-mentioned award referred to in the Schedule below;
(b) that the variation is (or will be) a common rule of the (specify
Territory and industry or whole (or specified class) of public sector
employment, (as the case requires)) with effect from 19 ; and
(c) that, on 19 , the Commission has, in
accordance with sub-section 142 (6) of the Industrial Relations Act 1988,
declared that the variation (or part thereof) is not binding on (name of
person or organisation).
SCHEDULE
TERMS VARIED
Print Number
Clause No. Subject Substance of variation
Dated 19 .
Registrar
FORM R18 Regulation 33
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION BY AN ASSOCIATION OF EMPLOYERS FOR REGISTRATION
AS AN ORGANISATION
We (insert full names, addresses and occupations of applicants) hereby
make application for the registration of an association of employers
called (insert name of the association) the office of which is situated at
(insert address of the office of the association) as an organisation under
the Industrial Relations Act 1988 and we state as follows:
1. that the association meets the criteria required by paragraphs
189 (1) (a), (b) and (e)-(j) inclusive of the Act; (Set out in respect of
each of the paragraphs the grounds on which the association relies)
2. that the eligibility rules of the association are:
(insert the rules of the association that relate to the conditions of
eligibility for membership and the description of the industry (if any) in
connection with which the association is proposed to be registered); and
3. that we, the applicants, are officers of the association, and are
authorised to make this application.
Dated 19 .
Signatures of applicants*
Offices held
(*Note: this application must be signed by 2 or more officers of the
association, including the officer who makes the statutory declaration
required by paragraph 33 (1) (b) of the Regulations)
FORM R19 Regulation 33
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION BY AN ASSOCIATION OF EMPLOYEES FOR REGISTRATION
AS AN ORGANISATION
We (insert full names, addresses and occupations of applicants) hereby
make application for the registration of an association of employees
called (insert name of the association) the office of which is situated at
(insert address of the office of the association) as an organisation under
the Industrial Relations Act 1988, and we state as follows:
1. that the association meets the criteria required by paragraphs
189 (1) (a) and (c)-(j) inclusive of the Act; (Set out in respect of each
of the paragraphs the grounds on which the association relies)
2. that the eligibility rules of the association are:
(insert the rules of the association that relate to the conditions of
eligibility for membership and the description of the industry (if any) in
connection with which the association is proposed to be registered); and
3. that we, the applicants, are officers of the association, and are
authorised to make this application.
Dated 19 .
Signatures of applicants*
Offices held
(*Note: this application must be signed by 2 or more officers of the
association, including the officer who makes the statutory declaration
required by paragraph 33 (1) (b) of the Regulations)
FORM R20 Regulation 39
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR LEAVE TO CHANGE NAME*/AND TO ALTER RULES*
The (insert name of association), which has applied for registration as an
organisation, hereby applies to the designated Presidential Member for
leave to change its name*/to alter its rules*/to change its name and alter
its rules* to enable it to comply with the Act*/and to remove a ground of
objection taken by an objector under the Regulations*/and by the
Presidential Member*.
Particulars of the proposed change of name*/and alterations of the rules*
are as follows:
(Set out text of proposed change or alterations.)
Dated 19 .
Signature
Omit if inapplicable
REGULATION 48
FORM R21
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR CONSENT TO THE CHANGE OF NAME OF AN ORGANISATION
Application is made by (insert name of organisation) for consent to the
change of the name of the said organisation to:
(set out proposed new name)
Dated 199 .
Signatures*
(or Common Seal)*
An application shall be sealed with the common seal of the organisation or
be signed by 2 officers of the organisation who are authorised by the
organisation to sign the application.
Note: The application is to be accompanied by a written statement, signed
by one of the above, setting out the proposed name and the reason for the
proposal, and providing details concerning compliance with the rule
altering procedure, and stating that the particulars set out in the
application are true and correct to the best of the knowledge and belief
of the signatory.
REGULATION 48
FORM R22
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR CONSENT TO THE ALTERATION OF ELIGIBILITY RULES
OF AN ORGANISATION
Application is made by (insert name of organisation) for consent to the
alteration of the eligibility rules of the organisation
from the following:
(insert present rules that relate to the conditions of eligibility for
membership and the description of industry (if any) in connection with
which the organisation is registered)
to the following:
(insert proposed rules that relate to the conditions of eligibility for
membership and the description of industry (if any) in connection with
which the organisation is registered)
Dated 199 .
Signatures*
(or Common Seal)*
An application must be sealed with the common seal of the organisation or
be signed by 2 officers of the organisation who are authorised by the
organisation to sign the application.
Note: The application shall be accompanied by a written statement, signed
by one of the above, setting out, in sufficient particularity to allow the
proposal to be properly considered, the following:
1. The particulars of the proposed alteration.
2. The reason for the proposed alteration.
3. The effect of the proposed alteration.
and providing details concerning compliance with the rule altering
procedure and stating that the particulars set out in the application are
true and correct to the best knowledge and belief of the signatory.
FORM R23 Regulation 99
Industrial Relations Act 1988
APPLICATION FOR CERTIFICATE UNDER SECTION 267
I, (insert full name)
of (insert private address)
(Telephone Nos. Business Home )
apply under section 267 of the Industrial Relations Act 1988, for a
certificate to the effect that my conscientious beliefs do not allow me to
be a member of an association of a kind described in paragraph 188 (1) (a)
or 188 (1) (b) of the Act.
My occupation is
The name and address of my business/employer* is
The grounds on which my application is made are as follows:
(Set out in numbered paragraphs the grounds and particulars)
I attach a statutory declaration verifying the information stated in this
application.
Dated 19 .
Signature of applicant
omit whichever is inapplicable.
FORM R24 Regulation 100
Industrial Relations Act 1988
APPLICATION FOR RENEWAL OF CERTIFICATE UNDER SECTION 267
I, (insert full name)
of (private address)
(Telephone Nos. Business Home ) apply
for the renewal of the certificate of conscientious objection issued to me
under subsection 267 (1) of the Industrial Relations Act 1988.
My occupation is
The name and address of my business/employer* is
The grounds on which my application is made are as follows:
(Set out in numbered paragraphs the grounds and particulars)
I attach a statutory declaration verifying the information stated in this
application.
Dated 19 .
Signature of applicant
omit whichever is inapplicable.
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 in paragraphs 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
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 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
Australian Industrial Relations Commission
Commission use only
file
number
Application for relief in respect of termination date
of employment received
Industrial Relations Act 1988 (Cth)
section 170EA - form R28
application by the employee alone
union - give name of union:
Details of employee
Mr Mrs Ms Family name given names
1 full name
2 home address postcode
3 phone (business hours) ( ) (after hours) ( )
facsimile ( )
4 date of birth day/month/year
5 first language English other (specify)
Is an interpreter needed? Yes No
Details of employment
6 employer's name
7 employer's trading address or registered office
postcode
phone ( ) fax ( )
8 work performed for employer
(occupation)
9 place of work suburb/town postcode
10 period of employment date started work last date worked
/ / / /
11 Were you given a No.
written notice of termination? Yes - copy attached
If yes, on what date did
you receive written notice
of your termination?
/ / .
Extension of time
This section to be completed if the application is made more than 14
days after receipt of written notice of termination. My reason/s for
seeking an extension of time to lodge this application is/are: (or
attached)
Details of union
12 Is your union acting on your behalf? No go to 15
Yes go to 13
13 name and address of union postcode
14 union contact person
phone ( ) fax ( )
Details of representative
15 Is anyone representing you? No go to 19 Yes go to 16
16 name of solicitor's firm
17 name of solicitor or of your authorised representative
18 address postcode
phone ( ) fax ( )
Notices from the Commission
19 Where do you want notices from the address in 2 union in 13-14
Commission sent? (choose one only) solicitor in 16-18 p
other -give details
Remedy sought
20 What are you seeking? reinstatement compensation
other -give details
21 Brief summary of reason/s given for termination
(or attached)
Declaration
I declare that all the facts in this application are correct and
complete to the best of my knowledge and belief. If a union is
applying on behalf of the employee, a union representative must sign
here
I understand that the Commission arranges for the conciliation of the
matter first. If the matter is settled by conciliation it will not be
necessary to go to Court or to have the matter arbitrated by the
Commission.
signature for union date
/ /
The employee must sign this declaration*
name (print) position
signature of employee date
/ /
If a solicitor or authorised representative has prepared the
application, that person must sign here
*Note: The application need not be signed by the employee if the
application is made by a trade union on the employee's behalf or the
application has been prepared by a solicitor or an authorised
representative. signature of solicitor or date
authorised representative / /
name (print) position
Commission use only
Ext Time:
Employer's name amended:
Result:
Australian Industrial Relations Commission Commission use only
Application in respect of termination of date
employment- notice of employer's appearance received
Industrial Relations Act 1988 (Cth) section 170EA - form R29
1 File number as on application
2 Employee's full name
as on application
family name given names
Details of employer - named on the application
3 full name
4 Has the employee given your name correctly? Yes No - it is
as in (3)
5 address
6 contact person family name given names
- name
- phone ( ) fax ( )
7 type company partnership sole trader
government authority
cooperative club other specify________
8 Are you the true employer? Yes No - Who is? Give details
Details of representative
9 Is anyone representing you? No go to 14 Yes -solicitor
employer organisation
10 name of solicitor's firm or employer organisation
11 address
postcode
12 solicitor or contact person
13 phone ( ) fax ( )
Address for notices
14 Where do you want notices from the Commission sent? (choose one
only) address in 4-5p or address in 10-12 p
Reasons for termination
15 Brief summary of reason/s given for termination (or attached)
Declaration
I declare that all the facts in this notice employer solicitor
are correct and complete to the best of employer organisation
my knowledge and belief.
signature date
/ /
name (print) position
FORM R30 Rule 46
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF DISCONTINUANCE
Commission Reference___________________
In the matter of ________________________________________ Applicant
( insert name of employee)
-and-
__________________________________________ Respondent
(insert name of employer)
The applicant wholly discontinues this matter.
Dated:__________________________
Signed: ___________________________________
(applicant/solicitor/authorised representative)
FORM R31 Rule 48
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF ELECTION OF CONSENT ARBITRATION
UNDER SUBSECTION 170EB (2) OR (3)
In the matter of (insert names of parties and the matter number)
*I/We, (insert name/s of party/parties to the matter)
being *a party/the parties to the abovementioned matter CONSENT TO
HAVE THE MATTER DEALT WITH BY CONSENT ARBITRATION BY THE COMMISSION.
*I/We understand that the mutual consent of the parties to this matter
to have the matter dealt with by consent arbitration by the Commission
constitutes an agreement between the parties:
(a) to submit this matter to the process of consent arbitration by the
Commission; and
(b) to comply with any requirement of the Commission for the purpose
of the arbitration; and
(c) to comply with any award made by the Commission on the
arbitration; and
(d) if that award is taken on appeal to a Full Bench of the
Commission - to comply with the award as confirmed, varied or
substituted on that appeal.
*I/We acknowledge that the consent arbitration of this matter must be
conducted by a member of the Commission other than the member of the
Commission who attempted to settle this matter by conciliation ("the
conciliator"), unless the parties agree to the arbitration being
conducted by the conciliator.#
*name and signature of *name and signature
employee or of employer or
employee's authorised employer's authorised
representative representative
**name and signature of authorised officer of trade union and name of
trade union
Dated: ..............................
#The following part of Form R31 is required to be completed only in
the event that the parties are in agreement that the consent
arbitration may be conducted by the conciliator.
*I/We AGREE that the consent arbitration of the abovementioned matter
may be conducted by the conciliator.
*name and signature of *name and signature
employee or of employer or
employee's authorised employer's authorised
representative representative
**name and signature of authorised officer
of trade union and name of trade union
*If Form R31 is not jointly completed, each party must file a
separate form.
**If a trade union has made the application under section 170EA of the
Act on behalf of the employee, the notice of election must be signed
by an authorised officer of the trade union.
FORM R32 Rule 50
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPEAL UNDER SECTION 170ECA
IN the matter of: (insert the title of the matter and the case number
of the matter appealed)
Notice of an appeal is given by (insert name of appellant) from the
award made by (insert name of member of the Commission) at (place) on
(date) in this matter.
The grounds of this appeal are as follows:
(Set out in numbered paragraphs the particulars on which the
Commission was in error in deciding to make the award)
Dated 19 .
_______________________
Signature of appellant
Note: If it is intended to seek a stay of the whole or part of the
award, pending the 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 that the operation of (set
out the whole or part of the award) be stayed pending the
determination of this appeal or until further order of the Commission.
Dated 19 .
__________________________
Signature of appellant
FORM R33 Rule 50
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR AN EXTENSION OF TIME FOR
INSTITUTING AN APPEAL UNDER SECTION 170ECA
IN the matter of: (insert the title of the matter and case number of
the matter appealed)
Application is made by (insert name of appellant) for an extension of
time for instituting an appeal from the award made by (insert name of
member of the Commission) at (place) on (date) in this matter.
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
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