Workplace Relations Amendment Regulations 2004 (No 1) (Cth)

Workplace Relations Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 32

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Workplace Relations Act 1996.

Dated 5 February 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

KEVIN ANDREWS

Minister for Employment and Workplace Relations

1Name of Regulations

These Regulations are the Workplace Relations Amendment Regulations 2004 (No. 1).

2Commencement

These Regulations commence on the date of their notification in the Gazette.

3Amendment of Workplace Relations Regulations 1996

Schedule 1 amends the Workplace Relations Regulations 1996.

Schedule 1Amendments

(regulation 3)

[1]After regulation 30BF

insert

30BGSchedule of costs (Act, s 170CJ)

1. (1)

   For subsection 170CJ (5A) of the Act, the schedule of costs set out in Schedule 5 is prescribed.

Note 1 Under subsection 170CJ (7) of the Act, in awarding costs, the Commission is not limited to the items of expenditure mentioned in Schedule 5. However, if an item of expenditure is mentioned in Schedule 5, the Commission must not award costs for that item at a rate or of an amount in excess of the rate or amount mentioned in Schedule 5 for that item.

Note 2 An application for an order for costs must be made in accordance with Rule 47 of the Australian Industrial Relations Commission Rules 1998.

1. (2)

   The Commission may allow the costs of briefing more than 1 counsel only if the Commission before which all counsel appear certifies that such attendance is necessary.

Note It is likely that certification under subregulation (2) would occur only in relation to a very large or complex case.

1. (3)

   If the Commission considers it appropriate, a charge applicable to a solicitor in Schedule 5 is applicable to a person who:

   1. (a)

      is not a solicitor; and

   2. (b)

      is mentioned in section 42 of the Act.

Note Section 42 of the Act sets out who may represent a party to a proceeding before the Commission.

1. (4)

   A bill of costs must identify, by an item number, each cost and disbursement claimed.

2. (5)

   In exercising its discretion under item 1002 of Schedule 5, the Commission must have regard to commercial rates for copying and binding and is not obliged to apply the photographic or machine-made copy costs otherwise allowable in the Schedule.

3. (6)

   In Schedule 5:

folio means 72 words.

Note There are generally 3 folios to a page.

[2]After Schedule 4

insert

Schedule 5Schedule of costs

(regulation 30BG)

Part 1Instructions

Item	Matter for which charge may be made	Charge
101	Instructing to make or oppose an application under section 170CE of the Act	Either: (a) $191; or (b) at the discretion of the Commission
102	Instructing to make or oppose any other proceeding relating to an application under section 170CE of the Act (see subsection 170CJ (8) of the Act)	Either: (a) $191; or (b) at the discretion of the Commission
103	Instructing for a case for opinion of counsel or for counsel to advise (including attendance on counsel with brief)	Either: (a) $83; or (b) at the discretion of the Commission
104	Instructing for a necessary document in response to directions given by the Commission	Either: (a) $114; or (b) at the discretion of the Commission
105	Instructing for brief to counsel or brief notes for solicitor (if necessary)	An amount that the Commission considers appropriate having regard to all the circumstances of the case
106	Instructing for a necessary document not otherwise provided for in this Part	An amount that the Commission considers appropriate having regard to all the circumstances of the case

Part 2Documents

Item	Matter for which charge may be made	Charge
201	A notice of appearance, including copies, filing and service by respondent	$105
202	An application or notice of motion, including copies to file and serve, and attendance to file	The sum of: (a) for the first 3 folios — $85; and (b) for each additional folio — $6
203	A necessary document prepared in response to directions given by the Commission, including copies to file and serve, and attendance to file	$68
204	A brief to counsel (including a brief to hear judgment) and attending counsel with the brief	The sum of: (a) for the first 3 folios — $73; and (b) for each additional folio — $7
205	Copy of a document to accompany a brief	The charge mentioned in item 501
206	A necessary summons, and issuing 1 copy to serve and arranging for service	$58

Part 3Drawing

Item	Matter for which charge may be made	Charge
301	Drawing a necessary document not covered by Part 1 or 2 of this Schedule	$8 per folio

Part 4Writing or typing legal letters

Item	Matter for which charge may be made	Charge
401	Writing or typing a legal letter	$4 per folio

Part 5Copies

Item	Matter for which charge may be made	Charge
501	Copy of a document, including a carbon, photographic or machine-made copy	Either: (a) $2 per page; or (b) if allowance for 10 or more pages is claimed in respect of a document or documents — at the discretion of the Commission

Part 6Perusal and scanning

Item	Matter for which charge may be made	Charge
601	Perusing a document, including a special letter (for example, a letter from counsel that includes an opinion)	Either: (a) if paragraph (b) does not apply: (i) for a document that contains up to 3 folios — $15; or (ii) for a document that contains more than 3 folios — $4 per folio; or (b) if allowance for 30 or more folios is claimed for a document — at the discretion of the Commission
602	Scanning a document, if it is not necessary to peruse the document	Either: (a) $6 per page; or (b) if allowance for 10 or more pages is claimed in respect of any document or documents — at the discretion of the Commission

Part 7Examination

Item	Matter for which charge may be made	Charge
701	Examining a document, if it is not necessary to peruse or scan the document (for example, an examination of an appeal book):
(a) by a solicitor	$68 per half hour
(b) by a clerk	$15 per half hour

Part 8Letters

Item	Matter for which charge may be made	Charge
801	Short letter (for example, a formal acknowledgment, a letter comprising 1 page or a letter concisely dealing with a subject)	$11
802	Ordinary letter, including letter between principal and agent	$22
803	Circular letter (for example, a letter sent to more than 1 party)	$7 for each letter (after the first)
804	Special letter (for example, a letter from counsel that includes an opinion)	Either: (a) $46; or (b) an amount that the Commission considers reasonable having regard to the length of the letter, the questions involved and appropriate items and charges in this Schedule
805	Facsimile copy including attendance to dispatch	Either: (a) $58; or (b) an amount that the Commission considers reasonable in the circumstances
806	Receiving and filing an incoming letter	$7

Part 9Service

Item	Matter for which charge may be made	Charge
901	Personal service of any document of which personal service is required (other than service that may be claimed under another item of this Schedule)	Either: (a) $57; or (b) an amount that the Commission considers reasonable having regard to time occupied, distance travelled and other relevant circumstances
902	Service of a document at the office of the address for service, either by delivery or by post	$15

Part 10Preparation of appeal books

Item	Matter for which charge may be made	Charge
1001	Preparation of appeal books, if some of the work is done outside the solicitor’s office (for example, attendance on the printer for printing or collating documents, or general oversight of the preparation of the appeal books), and the Commission is satisfied that the work or general oversight has been done efficiently:
(a) for work done or overseen by a solicitor	$123 per hour
(b) for work done or overseen by a clerk	$31 per hour
1002	Preparation of appeal books, if the work is done entirely within the solicitor’s office	An amount that the Commission considers appropriate, having regard to the charges for the material used

Part 11Attendances

Item	Matter for which charge may be made	Charge
1101	An attendance that is capable of being made by a clerk, such as at the Commission registry	$31
1102	An attendance that requires the attendance of a solicitor or managing clerk (or other equally suitably qualified person) and involves the exercise of skill or legal knowledge (including an attendance to inspect or negotiate):
(a) by a solicitor	$55 per quarter hour
(b) by a managing clerk or other equally suitably qualified person	$12 per quarter hour
1103	An attendance for which no other provision is made in this Schedule	$51
1104	An attendance by telephone that does not involve the exercise of skill or legal knowledge	$10
1105	An attendance on counsel in person with brief or papers (if not otherwise provided for in this Schedule)	$32
1106	An attendance on counsel in person to set a time, date and place for a conference or consultation	$32
1107	An attendance on counsel by telephone to set a time, date and place for a conference or consultation	$10
1108	A necessary conference or consultation with counsel	Either: (a) for a conference of up to half an hour — $85; or (b) for a conference of more than half an hour — $123 for each hour or part of an hour
1109	An attendance at the Commission or chambers for hearing with counsel (where the Commission considers such attendance is necessary):
(a) for attendance by a solicitor	$201 for each hour or part of an hour of the attendance: (a) during the hearing; and (b) when likely to be heard, but not heard; up to a maximum of $912 per day
(b) for attendance by a managing clerk or other equally suitably qualified person in place of a solicitor	$85 for each hour, up to a maximum of $372 per day
(c) for attendance by any other clerk or person in place of a solicitor	$45 for each hour, up to a maximum of $198 per day
1110	An attendance to hear judgment	$57
1111	An attendance on taxation of costs:
(a) if a solicitor attends	$123 for each hour or part of an hour
(b) if a clerk attends	$31 for each hour or part of an hour
1112	An attendance by a solicitor at the Commission or chambers for the hearing of an application or appeal, or on conference with counsel, at a distance of more than 50 kilometres from his or her place of business, if it is neither appropriate nor proper for an agent to attend	The Commission may allow an amount that the Commission considers reasonable, not exceeding $281, for each day of absence from the place of business (except a Saturday, Sunday or public holiday)

Part 12General care and conduct

Item	Matter for which charge may be made	Charge
1201	If the case or circumstances warrant it, an allowance may be claimed under this item in addition to any other item that appears in this Schedule, for general care and conduct in relation to the following: (a) the complexity of the matter and the difficulty and novelty of questions raised; (b) the importance of the matter to the party and the amount involved; (c) the skill, labour, specialised knowledge and responsibility involved in the matter on the part of the solicitor; (d) the number and importance of the documents prepared or perused, without regard to length; (e) the time taken by the solicitor; (f) research and consideration of questions of law and fact	The Commission may allow an amount the Commission considers reasonable in the circumstances of the case

Part 13Fees for Counsel for solicitor appearing as Counsel

Item	Matter for which charge may be made	Charge ($)
1301	For counsel’s fees incurred by a solicitor Note The fees incurred may be claimed as a disbursement.	An amount that the Commission considers to be fair and reasonable according to the circumstances of the case and the seniority of counsel
1302	For solicitor’s fees if a solicitor appears as counsel (or briefs another solicitor as counsel) when it would be appropriate to brief counsel	An amount that the Commission considers to be fair and reasonable according to the circumstances of the case and the seniority of the solicitor

Part 14Witnesses’ expenses

Item	Matter for which charge may be made	Charge
1401	For the attendance of a witness who is called because of his or her professional, scientific or other special skill or knowledge	$147 to $727 per day
1402	For the attendance of a witness, other than a witness covered in item 1401:
(a) who is not remunerated in his or her occupation by wages, salary or fees	$85 to $136 per day
(b) who is remunerated in his or her occupation by wages, salary or fees	The amount lost by attendance at the Commission
1403	For travel expenses for a witness who lives more than 50 kilometres from the Commission (in addition to a charge under item 1401 or 1402)	An amount that the Commission considers reasonable for the actual cost of travel, plus a reasonable amount for meals and accommodation

Part 15Disbursements

Item	Matter for which charge may be made	Charge
1501	Registry fee or other fee or payment	The amount of the fee or payment to the extent to which it has been properly and reasonably incurred and paid
1502	Travelling expenses, if a solicitor attends at the Commission or chambers, or on conference with counsel, in the circumstances mentioned in item 1110	An amount that the Commission considers reasonable for travelling expenses, to the extent to which they have been reasonably incurred and paid
1503	Postage and transmission expenses in relation to a matter mentioned in Part 8	The amount of the expenses to the extent that it has been properly and reasonably incurred and paid

Notes

1. These Regulations amend Statutory Rules 1989 No. 12, as amended by 1989 Nos. 107 and 288; 1990 Nos. 328 and 461; 1991 Nos. 9, 11, 73, 137 and 366; 1992 Nos. 81, 139, 158, 232, 274, 339, 351, 357, 435 and 436; 1993 Nos. 22, 23, 41, 61, 128 and 330; 1994 Nos. 68, 79, 185, 244, 287 and 386; 1995 Nos. 376 and 434; 1996 Nos. 80, 168, 269, 307, 328, 329 and 351; 1997 Nos. 48, 56, 101 (regulation 4 was disallowed by the Senate on 26 June 1997), 246, 281, 313, 314 (disallowed by the Senate on 25 March 1998) and 424; 1998 Nos. 187, 338 (disallowed by the Senate on 16 February 1999), 353 (disallowed by the Senate on 16 February 1999) and 354; 1999 Nos. 42, 43, 67, 195, 205, 244, 297, 336 and 337; 2000 Nos. 121 (disallowed by the Senate on 17 August 2000), 258 and 328 (disallowed by the Senate on 27 June 2001); 2001 Nos. 225, 323 and 326; 2002 Nos. 71, 208 and 337; 2003 Nos. 81 and 212; Act No. 104, 2003; Statutory Rules 2003 Nos. 349 and 350.

2. Notified in the Commonwealth of Australia Gazette