Workplace Relations Regulations 1996 (Cth)
| Workplace Relations Regulations 1996 Statutory Rules 1989 No. 12 as amended made under the Workplace Relations Act 1996 This compilation was prepared on Prepared by the Office of Legislative Drafting and Publishing, Contents Part I Preliminary 1 Name of regulations [see Note 1] 11 2 Interpretation 11 3 Prescribed persons etc — definition of employing authority in subsection 4 (1) of the Act 11 4 Definition of public sector employment in the Act: prescribed laws and persons 12 4A Definition of State industrial authority (Act, s 4 (1)) 13 Part II Membership of Commission 5 Prescribed State industrial authorities — section 13 and subsections 16 (2) and 175 (1), (2) and (5) of the Act 14 6 Prescribed tribunals — subsections 15 (1), 15 (2) and 21 (5) of the Act 14 Part III Representation before Commission and Court 7 Representation of employing authorities before the Commission or Court 16 8 Representation of certain persons by unregistered associations 19 Part IIIA The Employment Advocate Division 1 Authorised officers 8AA Provision of free legal representation for proceedings relating to the application or operation of Part VID or XA of the Act 21 8A Identity cards — prescribed form 21 8B Taking of samples 21 Division 2 Appointment, conditions of appointment etc of Employment Advocate 8C Remuneration and allowances 22 Division 3 Miscellaneous 8D Exception to prohibition on disclosure of identity of AWA parties 22 8X Prescribed period, Act, paragraph 84 (2) (b) 23 Part IV Inspectors 9 Powers and functions of inspectors 24 10 Identity cards — prescribed form 25 11 Taking of samples 25 Part V Dispute prevention and settlement Division 1 Powers of Commission 13 Compulsory conferences 26 14 Prescribed Acts and enactments — subsection 121 (2) of the Act 26 Division 2 Local industrial boards and boards of reference 15 Remuneration and allowances of members 27 Division 3 Common rules 16 Application for a common rule 27 17 Service of notice 28 18 Notice of appearance 28 19 Publication of common rule 28 20 Prescribed class of public sector employment — subsection 141 (3) of the Act 29 21 Publication of notice for the purposes of paragraph 141 (4) (a) of the Act 29 22 Proposed variation of common rules: notice of hearing by the Commission 29 23 Publication of a notice for subsection 142 (4) of the Act 31 24 Notice for purposes of subsection 142 (6) of the Act 32 Division 4 Awards of Commission 25 Manner of summoning or notifying party — paragraphs 149 (1) (b) and (c) of the Act 32 26 Prescribed time — paragraph 149 (1) (c) of the Act 32 Part 5A Minimum entitlements of employees Division 1 Termination of employment 30A Interpretation — Division 1 34 30BB Specified rate 34 30BC Rate of remuneration per year 34 30BD Fee for application to Commission to deal with termination 35 30BE Amount taken to have been received by the employee 36 30BF Annual indexation of certain amounts 36 30BG Schedule of costs (Act, s 170CJ) 37 30C Temporary absence because of illness or injury 38 30CA Required period of notice — exception for serious misconduct 39 30CB Required period of notice — ascertaining period of continuous service 40 30CC Compensation in lieu of required period of notice — commission or piece rates employees 42 30CD Inapplicability of section 170CM of the Act — succession, assignment or transmission of business 42 30CE Prescribed notice of intended terminations ¾ subsection 170CL (2) of the Act 43 Division 2 Adoption leave 30E Purpose of Division 44 30F Basic Principles 44 30G Definitions 45 30H Entitlement to adoption leave 47 30J Maximum period of long adoption leave 48 30K Limitations on the taking of adoption leave 48 30L Entitlement affected by other adoption leave available to employee 49 30M Employee to give notice of adoption leave 50 30N Application for adoption leave 50 30P Documents to be given to employer before employee takes leave 51 30Q Taking annual leave or long service leave instead of, or in conjunction with, adoption leave 53 30R Extension of adoption leave 53 30S Shortening of adoption leave 54 30T Effect on adoption leave of failure to complete 12 months continuous service 54 30U Effect on adoption leave if child is 5 years of age or more 54 30V Effect on adoption leave if child has lived continuously with employee 54 30W Effect on adoption leave if child is the child of the employee or employee’s spouse 55 30X Effect on adoption leave if placement does not proceed 55 30Y Effect on adoption leave if employee ceases to be the primary care-giver 56 30Z Return to work after adoption leave 56 30ZA Employee’s duty if excessive leave granted or if periods of long adoption leave overlap 56 30ZB Employer to warn replacement employee that employment is only temporary 58 30ZC Adoption leave and continuity of service 58 30ZD Effect of Division on other laws 58 Part 5B Certified agreements 30ZE Prescribed conditions of employment specified in prescribed Commonwealth laws (Act, s. 170LZ) 59 30ZF Modification of certified agreement provisions applied as State law 60 30ZG Protected action — continuity of employment not affected 60 30ZGA Prescribed person — section 170NF of the Act 61 Part 5C Australian Workplace Agreements 30ZH Interpretation 62 30ZI Content of AWA 62 30ZJ Prescribed conditions of employment specified in prescribed Commonwealth laws (Act, s. 170VR (4)) 62 30ZK AWA industrial action — continuity of employment not affected 63 30ZL Immunity conditional on giving notice 64 30ZM Exception to prohibition on disclosure of identity of AWA parties 64 30ZN Modification of AWA provisions applied as State law 65 30ZO Qualifications and appointment of bargaining agents 65 30ZP Required form of AWAs and ancillary documents 67 30ZQ Witnessing of signatures on AWAs and ancillary documents 67 Part VI Co-operation with the States 31 Prescribed State laws — section 173 of the Act 68 Part 6A Compliance 32AA Recovery of wages etc — small claims procedure 69 32A Recovery of small claims under award, order, AWA or certified agreement — maximum amount 69 32AB Recovery of pay by contract outworkers in Victoria in textile, clothing and footwear industry — small claims procedure 70 32AC Recovery of small claims by contract outworkers in Victoria in textile, clothing and footwear industry — maximum amount 70 Part 6B Payments in relation to periods of industrial action 32B Applications to the Court (Act, s 187AC) 71 Part VII Entry and inspections by organisations 109A Applications for permits to enter and investigate premises (Act, s. 285A (1)) 72 109B Prescribed form of permit (Act, s. 285A (1)) 72 109C Application for revocation of a permit (Act, s. 285A (3)) 72 109D Endorsement of conscientious objection certificate (Act s 285C) 73 Part IX Australian Industrial Registry 124 Office hours 74 125 Lodgment of documents in Industrial Registry 74 126 Endorsement of documents 74 127 Inspection of documents 75 129 Power to waive procedural requirements and effect of non-compliance 75 130 Use of previous evidence 75 131 Recovery of cost of providing copies of documents 76 Part 9A Records by employers Division 1 Employees under awards etc 131A Records relating to employees — section 353A of the Act 77 131B Records to show whether relevant conditions complied with 78 131C Form of records 78 131D Contents of records — general 78 131E Contents of records — overtime 79 131F Contents of records — remuneration 79 131G Contents of records — leave 79 131H Contents of records — superannuation contributions 80 131J Contents of records — termination of employment 80 131K Alteration and correction of records 81 131KA False or misleading entry 81 131L Inspection and copying of records 81 131M Information concerning records 82 131N Transfer and assignment of business 83 131P Award provisions relating to records 83 131PA AWA provisions relating to records 84 131Q Records— extended meaning 85 131R Offences 85 Division 2 Employees under employment agreements (Part XV of Act) 131S Interpretation 85 131T Records relating to employees (Act, section 353A) 85 131TA Form of record 86 131TB Alteration and correction of records 86 131TC Inspection and copying of records 87 131TD Information concerning records 87 131U False or misleading entry 88 131UA Offences 88 Division 3 Employees in Victoria not employed under award, certified agreement, AWA, employment agreement or old IR agreement (Part XV of Act) 131V Application of Division 3 88 131VA Records relating to employees — section 514 of the Act 89 131VB Form of record 89 131VC Contents of record — general 90 131VD Contents of record — overtime 90 131VE Contents of record — remuneration 90 131VF Contents of record — leave 91 131VG Contents of record — superannuation contributions 91 131VH Contents of record — termination of employment 92 131VJ Alteration and correction of records 92 131VK False or misleading entry 92 131VL Inspection and copying of records 93 131VM Information concerning records 93 131VN Transfer and assignment of business 94 131VO Offences 95 Division 4 Contract outworkers in Victoria in the textile, clothing and footwear industry 131W Application of Division 4 95 131WA Outworker records relating to contract work 95 131WB Form of outworker record 96 131WC Contents of outworker record — general 96 131WD Contents of outworker record — remuneration 96 131WE Alteration and correction of outworker records 97 131WF False or misleading entry 97 131WG Inspection and copying of outworker records 97 131WH Information concerning outworker records 98 131WJ Transfer and assignment of business 99 131WK Offences 99 Part 9B Pay slips Division 1 Employees under awards etc 132A Pay slips — subsection 353A (2) of the Act 100 132B Contents of pay slips 100 132C Award provisions relating to pay slips 102 132CA AWA provisions relating to pay slips 103 132D Offences 103 Division 2 Employees in Victoria not under awards etc 132E Pay slips (Act, section 514) 104 Part 9C Matters referred by Victoria 132F Prescribed laws (Act, subsection 493 (2)) 105 132G Application for order (Act, subsection 533 (1)) 105 Part X Miscellaneous 132 Custody and use of seals of the Industrial Registry 106 133 Power of Commission to waive procedural requirements and effect of non-compliance 106 134 Certain applications under subsection 111 (1) 106 135 General powers of Registrar 107 136 Signing of documents etc on behalf of persons, organisations etc 108 137 Payment of unclaimed moneys to Commonwealth 109 138 Ballots conducted by the Australian Electoral Commission — no unauthorised action 109 139 No action for defamation in certain cases 109 140 Information and copies of documents to be given to Minister (Act s 48A) 110 Schedule 1 112 Form 1A Identity card — authorised officer 112 Form 1 Inspector’s identity card 113 Form 13 Permit to enter and inspect premises 114 Form 14 Notice of proposed terminations 115 Schedule 2 Persons and bodies prescribed for the purposes of the definition of employing authority in subsection 4 (1) of the Act 116 Schedule 3 Commonwealth authorities (definition of public sector employment) 121 Schedule 4 122 Part I Commonwealth authorities (prescribed class of public sector employment) 122 Part II Northern Territory authorities (prescribed class of public sector employment) 123 Schedule 5 Schedule of costs 124 Part 1 Instructions 124 Part 2 Documents 125 Part 3 Drawing 125 Part 4 Writing or typing legal letters 125 Part 5 Copies 126 Part 6 Perusal and scanning 126 Part 7 Examination 127 Part 8 Letters 127 Part 9 Service 128 Part 10 Preparation of appeal books 128 Part 11 Attendances 129 Part 12 General care and conduct 131 Part 13 Fees for Counsel for solicitor appearing as Counsel 131 Part 14 Witnesses’ expenses 132 Part 15 Disbursements 132 Schedule 6 Modifications of Part VIB, and other provisions, of the Act as applied as a law of a State 133 Part 1 Mandatory modifications 133 Part 2 Permitted modifications 134 Schedule 8 Prescribed provision relating to discrimination 137 Schedule 9 Prescribed model dispute resolution procedure 139 Schedule 11 Modifications of Part VID of the Act as applied as a law of a State 141 Part 1 Mandatory modifications 141 Part 2 Permitted modifications 141 Schedule 12 Information and copies of documents to be given to Minister 144 Part 1 Copies and information in electronic form 144 Part 2 Copies of documents in paper form 148 Notes 149 Part I Preliminary 1 Name of regulations [see Note 1] These regulations are the Workplace Relations Regulations 1996. 2Interpretation In these Regulations, unless the contrary intention appears: approved form means a form approved by the President for the purposes of the provision in which the expression is used. Form means a form set out in Schedule 1. old IR agreement means an agreement certified or approved under: (a) section 115 of the Industrial Relations Act 1988, as in force before the commencement of the Industrial Relations Amendment Act 1992; or (b) Division 3A of Part VI of the Industrial Relations Act 1988, as in force before the commencement of Schedule 2 to the Industrial Relations Reform Act 1993; or (c) Part VIB of the Industrial Relations Act 1988, as in force before the commencement of Schedule 8 to the Workplace Relations and Other Legislation Amendment Act 1996. the Act means the Workplace Relations Act 1996, but does not include Schedule 1B to that Act or regulations made under that Schedule. Workplace Relations Minister means the Minister administering Part I of the Workplace Relations Act 1996. 3 Prescribed persons etc — definition of employing authority in subsection 4 (1) of the Act For the purposes of the definition of employing authority in subsection 4 (1) of the Act, each of the persons or bodies specified in column 3 of an item in Schedule 2 is prescribed as the employing authority in relation to the class of employees specified in column 2 of that item. 4 Definition of public sector employment in the Act: prescribed laws and persons (1)For the purposes of paragraph (e) of the definition of public sector employment in subsection 4 (1) of the Act, each of the following laws is prescribed: (a) Naval Defence Act 1910; (b) Supply and Development Act 1939; (c) Australian Federal Police Act 1979; (d) Governor-General Act 1974. (2) For the purposes of paragraph (f) of the definition of public sector employment in subsection 4 (1) of the Act, each of the following classes of persons is prescribed: (a) members of the Defence Force; (b) members of the Police Force of the (c) persons employed by, or in the service of: (i) a Commonwealth authority referred to in Schedule 3; or (ii) a body that is a subsidiary of a Commonwealth authority referred to in Schedule 3 in which body the Commonwealth authority has a controlling interest; (d) persons who hold an office established under a law of the Commonwealth or of a Territory, other than persons who, otherwise than in their capacity as the holder of such an office, are employed or serve in a capacity described in paragraphs (a) to (e) of that definition of public sector employment. Example An example of a person who would fall within the exception to paragraph (d) is an APS employee who also holds a part-time statutory office, or who is granted leave without pay from his or her APS employment in order to take up a full-time statutory office. (3) For the purposes of paragraph (g) of the definition of public sector employment in subsection 4 (1) of the Act, the following law is prescribed, namely, the Prisons (Correctional Services) Act 1980 of the 4ADefinition of State industrial authority (Act, s 4 (1)) For paragraph (c) of the definition of State industrial authority in subsection 4 (1) of the Act, the Tribunal established by subsection 40D (1) of the Workplace Agreements Act 1993 of Part II Membership of Commission 5 Prescribed State industrial authorities — section 13 and subsections 16 (2) and 175 (1), (2) and (5) of the Act For the purposes of section 13 and subsections 16 (2) and 175 (1), (2) and (5) of the Act, each of the following State industrial authorities is prescribed: (a) the Industrial Relations Commission of (b) the (c) the Western Australian Industrial Relations Commission; (d) the Industrial Relations Commission of (e) the Tasmanian Industrial Commission. 6 Prescribed tribunals — subsections 15 (1), 15 (2) and 21 (5) of the Act For the purposes of subsections 15 (1), 15 (2) and 21 (5) of the Act: (a) each of the following tribunals is a prescribed Commonwealth tribunal: (i) Defence Force Remuneration Tribunal; (ii) Pharmaceutical Benefits Remuneration Tribunal; (iii) Administrative Appeals Tribunal; (iv) Security Appeals Tribunal; (v) National Native Title Tribunal; and (b) each of the following tribunals is a prescribed Territory tribunal: (i) the Industrial Appeals Tribunal established by the Industrial Relations Ordinance 1976 of the (ii) the Prison Officers Arbitral Tribunal established by the Prisons (Arbitral Tribunal) Act of the (iii) the Police Arbitral Tribunal established by the Police Administration Act of the Part III Representation before Commission and Court 7 Representation of employing authorities before the Commission or Court For the purposes of subsections 42 (5) and 469 (4) of the Act, each of the following persons is a prescribed person in relation to an employing authority: (a) where the employing authority in relation to a class of persons specified in column 2 of item 1 in Schedule 2 is the Minister administering the en (b) where the employing authority in relation to a class of persons specified in column 2 of item 1 in Schedule 2 is the principal executive officer of the Commonwealth authority employing persons in that class — a person who is: (i) an officer or employee of that Commonwealth authority; or (ii) an APS employee or Parliamentary Service employee; (c) where the employing authority in relation to a class of persons specified in column 2 of item 1 in Schedule 2 is the Workplace Relations Minister — an APS employee or Parliamentary Service employee; (d) where the employing authority in relation to a class of persons specified in column 2 of item 2 in Schedule 2 is the principal executive officer of the Commonwealth authority employing persons in that class — a person who is an officer or employee of that Commonwealth authority; (e) where the employing authority in relation to a class of persons specified in column 2 of item 2 in Schedule 2 is the principal executive officer of the Commonwealth authority employing persons in that class and that Commonwealth authority consents to being represented by an APS employee or Parliamentary Service employee — a person who is an officer of the Australian Public Service; (f) where the employing authority in relation to a class of persons specified in column 2 of item 2 in Schedule 2 is the Minister administering the en (g) where: (i) the employing authority in relation to a class of persons is a Minister of the (ii) the employing authority is a (iii) the employing authority is the principal executive officer of a Northern Territory authority (being a body corporate of the kind referred to in paragraph (b) of the definition of Northern Territory authority in subsection 4 (1) of the Act); a person who is: (iv) an officer or employee of the (v) an officer or employee of the Public Service Commissioner for the (h) where: (i) the employing authority in relation to a class of persons is a Minister of the Northern Territory and the persons included in that class are employed by the Northern Territory; or (ii) the employing authority is the Public Service Commissioner for the a person who is an officer or employee of the Public Service Commissioner for the (ha) where the employing authority in relation to a class of persons specified in column 2 of item 14 in the Schedule is: (i) the Minister administering the Australian Federal Police Act 1979; or (ii) the Commissioner within the meaning of that Act; a person who is: (iii) an officer appointed under section 25, 26 or 26B of that Act; or (iv) an APS employee or Parliamentary Service employee; (i) if the employing authority for staff employed under the Legislative Assembly (Members’ Staff) Act 1989 of the Australian Capital Territory is the Chief Minister for that Territory — an officer or employee within the meaning of the Public Sector Management Act 1994 of the Territory (the ACTPS Act); (j) if the employing authority for officers and employees within the meaning of the ACTPS Act (ACTPS staff) of a government agency, or an autonomous instrumentality, within the meaning of that Act, is: (i) the Chief Minister for the (ii) the Minister within the meaning of the (iii) the Minister, within the meaning of that Act, who is responsible for exercising the power of the Australian Capital Territory Executive in relation to industrial relations (the ACT industrial relations Minister); an officer or employee within the meaning of the ACTPS Act; (k) if the employing authority for staff of a body corporate (except a Territory instrumentality within the meaning of the ACTPS Act) that is incorporated under a law of the Australian Capital Territory (an ACT law) and in which the Territory has a controlling interest, is the principal executive officer (however described) of the body corporate or the ACT industrial relations Minister: (i) a member of the staff of the body corporate; or (ii) an officer or employee within the meaning of the ACTPS Act; (l) if the employing authority for ACTPS staff is the Chief Executive Officer of Calvary Hospital A.C.T. Incorporated, the Minister (within the meaning of the Self-Government Act) who is responsible for exercising the power of the Australian Capital Territory Executive in relation to public health or the ACT industrial relations Minister: (i) a member of the staff of Calvary Hospital A.C.T. Incorporated; or (ii) an officer or employee within the meaning of the ACTPS Act; (m) if the employing authority for staff of a body corporate, or an authority, that is established by or under an ACT law and to which paragraph (i), (j), (k) or (l) does not apply, is the principal executive officer (however described) of the body or authority, the Minister administering the ACT law or the ACT industrial relations Minister: (i) a member of the staff of the body corporate or authority; or (ii) an officer or employee within the meaning of the ACTPS Act; (n) in the case of any other employing authority — an APS employee or Parliamentary Service employee. 8 Representation of certain persons by unregistered associations (1) Where a party to a proceeding before the Commission is an employer who is a member of an association of employers, being an association that is not registered under the Act, the party may be represented by an officer or employee of that association. (2) Where a party to a proceeding before the Commission is an employee who is a member of the Australian International Flight Engineers’ Association, being an association that is not registered under the Act, the party may be represented by an officer or employee of that Association. Part IIIA The Employment Advocate Division 1 Authorised officers 8AA Provision of free legal representation for proceedings relating to the application or operation of Part VID or XA of the Act For paragraph 83BB (1) (j) of the Act, the Employment Advocate may provide free legal representation to a party in relation to proceedings if the Employment Advocate is of the opinion that: (a) the proceedings relate, or are likely to relate, to the application or operation of Part VID or XA of the Act; and (b) it is appropriate to give assistance. 8A Identity cards — prescribed form For subsection 83BG (3) of the Act, Form 1A is prescribed. 8B Taking of samples For paragraph 83BH (4) (b) of the Act, an authorised officer may take a sample of any goods or substances after giving notice to the owner or other person in charge of the goods or substances, or an appropriate employee or other representative of that owner or person, of the authorised officer’s intention to do so. Division 2 Appointment, conditions of appointment etc of Employment Advocate 8C Remuneration and allowances For subsection 83BJ (2) of the Act, the Employment Advocate is to be paid the allowances payable to an SES employee as defined in section 34 of the Public Service Act 1999. Division 3 Miscellaneous 8D Exception to prohibition on disclosure of identity of AWA parties (1) For paragraph 83BS (2) (b) of the Act, a disclosure by a person (the entrusted person) to an authorised person of protected information that the entrusted person knows, or has reasonable grounds to believe, will identify another person as being, or having been, a party to an AWA is authorised if the disclosure of the protected information is for the purpose of: (a) providing analyses of trends in agreement making; or (b) preparing reports on enterprise bargaining for the purposes of section 358A of the Act. (2) In this regulation: authorised person means: (a) for the purposes of paragraph (1) (a): (i) the Employment Advocate; or (ii) a person authorised in writing by the Employment Advocate; or (b) for the purposes of paragraph (1) (b): (i) the Employment Advocate; or (ii) a person authorised in writing by the Employment Advocate; or (iii) a person authorised in writing by the Workplace Relations Minister. protected information has the same meaning as in subsection 83BS (4) of the Act. 8XPrescribed period, Act, paragraph 84 (2) (b) For paragraph 84 (2) (b) of the Act, the prescribed period is 2 years. Part IV Inspectors 9 Powers and functions of inspectors (1) Where an inspector, when exercising his or her powers or performing his or her functions under the Act or under these Regulations: (a) is requested by an employer or employee to advise that employer or employee, as the case may be, of his or her rights and obligations under an award, a certified agreement or an old IR agreement, or under the Act or any regulations made under the Act; or (b) considers it necessary or desirable to give any such advice to an employer or employee; the inspector shall give that advice and shall explain the manner in which any such awards or requirements, as the case may be, are to be observed. (2) Subject to subregulation (5), where a person has failed to observe an award, a certified agreement, an old IR agreement or any requirement of the Act or of a regulation made under the Act, an inspector may, by notice in writing: (a) inform the person of that failure; (b) require the person to take such (c) require the person to notify the inspector in accordance with the notice of any (d) advise the person of the consequences of failure to comply with the notice. (3) Subject to subregulations (4) and (5), an inspector may, subject to any directions given by the Minister under subsection 84 (5) of the Act: (a) institute, or give evidence in, any proceedings; or (b) conduct, or assist in the conduct of, any prosecution; in respect of a breach of a term of an award, a certified agreement or an old IR agreement, or a contravention of the Act or any regulation made under the Act. (4) Subregulation (3) does not apply in relation to any matter in respect of which provision is made by subsection 178 (5) of the Act. (5) Inspectors do not have any powers with respect to breaches of Parts IVA, VID and XA of the Act. 10 Identity cards — prescribed form For the purposes of subsection 85 (1) of the Act, the prescribed form is Form 1. 11 Taking of samples For the purposes of subparagraph 86 (1) (b) (ii) of the Act, an inspector may take a sample of any goods or substances after informing the owner or other person in charge of the goods or substances, or the representative of that owner or person, of the inspector’s intention to do so. Part V Dispute prevention and settlement Division 1 Powers of Commission 13 Compulsory conferences (1) Subject to subregulation (2), a person directed to attend a compulsory conference under section 119 of the Act shall be paid by the Commonwealth: (a) such allowances as the Minister determines; (b) the amount of any salary, wages or other earnings (c) the amount of any travelling expenses (2) A payment shall not be made under subregulation (1) unless certified by a 14 Prescribed Acts and en For the purposes of paragraph 121 (2) (b) of the Act, each of the following is prescribed: (a) Superannuation (Productivity Benefit) Act 1988; (b) Prisons (Arbitral Tribunal) Act of the (c) Police Administration Act of the Division 2 Local industrial boards and boards of reference 15 Remuneration and allowances of members (1) Subject to this regulation: (a) a person appointed by the Commission to a local industrial board to which an industrial dispute has been referred for investigation and report under section 130 of the Act; or (b) a person who constitutes, or is a member of, a board of reference appointed in accordance with section 131 of the Act; shall be paid by the Commonwealth such remuneration, if any, and such allowances, if any, as the Minister determines and the amount of any travelling expenses (2) Nothing in subregulation (1) authorises the payment of an amount to a Commissioner. (3) Unless the Minister otherwise directs, an amount shall not be paid under subregulation (1) to: (a) a person who is an officer, or employee, within the meaning of the Public Service Act 1922; or (b) a person employed by a Commonwealth authority. Division 3 Common rules 16 Application for a common rule (1) An application may be made by any interested person or organisation to the Commission for a declaration under subsection 141 (1) or (2) of the Act. (2) An application shall be in accordance with the approved form and shall be lodged in the Industrial Registry. (3) Upon an application being lodged in the Industrial Registry, a (4) Where lodgment of an application is brought to the notice of the Commission in accordance with subregulation (3), the Commission shall cause directions to be issued to the applicant as to: (a) the persons (if any) on whom a notice of the application should be served; (b) the time within which that notice is to be served on those persons; and (c) the time and place for the hearing of the application. (5) A notice served on a person in accordance with subregulation (4) shall, subject to any directions of the Commission or a member of the Commission, be in accordance with the approved form. 17 Service of notice The applicant shall, in accordance with the directions issued under subregulation 16 (4), serve any notice directed to be served on a person. 18 Notice of appearance Unless the Commission otherwise directs, a person or organisation claiming to be interested in, and desiring to be heard in respect of, a matter in relation to which it is proposed to declare a common rule shall, not less than 3 days before the day fixed for the hearing, lodge in the Industrial Registry a notice of appearance in accordance with the approved form and shall, as soon as pr 19 Publication of common rule Where the Commission declares that any term of an award shall be a common rule, a signed copy of the declaration shall be published by a 20 Prescribed class of public sector employment — subsection 141 (3) of the Act The following class of public sector employment is prescribed for the purposes of subsection 141 (3) of the Act, namely, employment by, or service in the service of: (a) a Commonwealth authority referred to in Part I of Schedule 4; (b) a body that is a subsidiary of a Commonwealth authority referred to in Part I of Schedule 4 in which body the Commonwealth authority has a controlling interest; or (c) a 21 Publication of notice for the purposes of paragraph 141 (4) (a) of the Act (1) Subject to subregulation (2), the notice that is to be published by the Commission in accordance with paragraph 141 (4) (a) of the Act must: (a) be published in the Gazette and in such other publications (if any) as the Commission thinks fit; and (b) subject to any directions of the Commission or a member of the Commission, be in accordance with the approved form. (2) If the notice referred to in subregulation (1) relates to a common rule in (3) Subregulation (2) ceases to have effect on 22 Proposed variation of common rules: notice of hearing by the Commission (1) The notice referred to in subsection 142 (3) of the Act in relation to a term of an award, being a term that is a common rule of an industry, shall be given: (a) to the person or organisation (if any) that made an application for the variation of the term; (b) where the term is a common rule of an industry in the (i) the ACT & Region Chamber of Commerce and Industry; and (ii) the Master Builders’ Construction and Housing Association of the (iii) the Australian Industry Group; and (iv) the Trades and Labour Council of the (v) the Commissioner for Public Administration; and (vi) Australian Business Industrial; and (c) where the term is a common rule of an industry in the (i) the Australian Mines and Metals Association Inc.; and (ii) the Territory Construction Association; and (iii) the Northern Territory Chamber of Commerce and Industry Inc; and (iv) the (v) the Commissioner for Public Employment for the (vi) the Northern Territory Hotels and Hospitality Association Incorporated; and (d) where the term is a common rule of an industry in (i) the Victorian Employers’ Chamber of Commerce and Industry; and (ii) the Australian Council of Trade Unions; and (iii) the Australian Industry Group; and (iv) the Victorian Trades Hall Council; and (v) any other person or organisation that the Commission considers appropriate. (2) The notice referred to in subsection 142 (3) of the Act in relation to a term of an award, being a term that is a common rule for the whole or a branch of public sector employment, shall be: (a) given to: (i) the person or organisation (if any) that made an application for the variation of the term; (ii) the Department; (iii) the Commissioner for Public Administration mentioned in subparagraph 22 (1) (b) (v); (iv) the Commissioner for Public Employment for the (v) the Australian Council of Trade Unions; and (b) published in the Gazette. (3) A notice referred to in subregulation (1) or (2) shall be: (a) in accordance with the approved form; and (b) given by serving a copy of the notice on the person or body to whom the notice is to be given. 23 Publication of a notice for subsection 142 (4) of the Act A notice that is to be published by the (a) in the approved form; and (b) in the Gazette; and (c) if the notice relates to a common rule of an industry in the (i) in a newspaper or newspapers circulating in the (ii) in any other publication circulating in the Australian Capital Territory that the Commission considers appropriate; and (d) if the notice relates to a common rule of an industry in the (i) in a newspaper or newspapers circulating in the (ii) in any other publication circulating in the (e) if the notice relates to a common rule of an industry in (i) in a newspaper or newspapers circulating in (ii) in any other publication circulating in 24 Notice for purposes of subsection 142 (6) of the Act A notice referred to in subsection 142 (6) of the Act shall be: (a) in accordance with the approved form; and (b) given by being published in the Gazette. Division 4 Awards of Commission 25 Manner of summoning or notifying party — paragraphs 149 (1) (b) and (c) of the Act A person or organisation: (a) being a party referred to in paragraph 149 (1) (b) of the Act, is summoned or notified as prescribed for the purposes of that paragraph; or (b) being a party referred to in paragraph 149 (1) (c) of the Act, is notified as prescribed for the purposes of that paragraph; if the summons or notification, as the case may be, is served in accordance with the Rules of the Commission. 26 Prescribed time — paragraph 149 (1) (c) of the Act For the purposes of paragraph 149 (1) (c) of the Act, the prescribed time, in relation to a party not satisfying the Commission as provided by that paragraph, is: (a) the period of 21 days commencing on the day on which the party was notified of the industrial dispute and of the f (b) the period commencing on the day referred to in paragraph (a) and expiring at the end of the day on which the initial findings of the Commission in relation to the matters in dispute were made; whichever is the longer. Part 5A Minimum entitlements of employees Division 1 Termination of employment 30A Interpretation — Division 1 (1) In this Division: authorised leave, in relation to an employee, means leave authorised: (a) by the employer; or (b) by: (i) an award or order of a court or tribunal that has power to fix wages and other terms and conditions of employment; or (ii) a certified agreement, an AWA, a State employment agreement or an old IR agreement; or (c) by the employee’s contr (d) by a law of the Commonwealth, or of a State or Territory. (2) An expression has the same meaning in this Division as in the Termination of Employment Convention. 30BB Specified rate For paragraphs 170CBA (5) (b) and (6) (b) of the Act, the specified rate is $64,000 per year, or that amount as affected by indexation in accordance with regulation 30BF. 30BC Rate of remuneration per year For paragraph 170CBA (6) (b) of the Act, the rate of remuneration per year that is taken to be applicable to an employee immediately before termination is: (a) for an employee who was continuously employed by the employer and was not on leave without full pay at any time during the period of 12 months immediately before termination — the greater of: (i) the remuneration that the employee (ii) the remuneration that the employee was entitled to receive in that period; or (b) for an employee who was continuously employed by the employer and was on leave without full pay at any time during the period of 12 months immediately before termination — the total of: (i) the (ii) for the days that the employee was on leave without full pay an amount worked out using the formula: or (c) for an employee who was continuously employed by the employer for a period less than 12 months immediately before termination — the amount worked out using the formula: 30BD Fee for application to Commission to deal with termination (1) A fee of $50 is payable for lodging an application under subsection 170CE (1), (2), (3) or (4) of the Act. (2) However if a (3) A lodgment fee paid by, or for, an applicant under subregulation (1), as in force before 31 December 2003, is to be refunded if, at least 2 days before the day on which the proceedings are first listed for attention by the Commission, the applicant discontinues the application in accordance with any rules made under section 48 of the Act. (4) Subregulations (1) and (2) cease to have effect on 30BE Amount taken to have been received by the employee For paragraph 170CH (8) (b) of the Act, an employee is taken to have received the remuneration that the employee would ordinarily have received during the period of leave if the employee had not been on leave without pay or without full pay. 30BF Annual indexation of certain amounts (1) This regulation prescribes a formula under which each following amount (the indexable amount) is to be varied annually by the indexation f (a) the amount mentioned in regulation 30BB; (b) the amount mentioned in paragraph 170CH (9) (b) of the Act. (2) In this regulation: base weekly earnings average means the last amount published by the Australian Statistician before current weekly earnings average, in relation to an indexation day, means the last amount published by the Australian Statistician before that day as an estimate (except a preliminary estimate) of the average total weekly earnings (seasonally adjusted) for full time adult employees of all employees in indexation day means indexation f (3) If at any time (whether before or after the commencement of this regulation) the Australian Statistician publishes an estimate of the average total weekly earnings (seasonally adjusted) for full time adult employees in a particular month in substitution for such an estimate (except a preliminary estimate) previously published by the Australian Statistician for that month, the publication of the later estimate is to be disregarded for the purposes of this regulation. (4) Subject to subregulation (5), if, on any indexation day, the indexation f (5) If an amount worked out under subregulation (4) is not $100, or a multiple of $100: (a) if the amount is not $50, or a multiple of $50 — it is to be rounded up or down to $100, or the nearest amount that is a multiple of $100 as appropriate; or (b) if the amount is $50, or a multiple of $50 — it is to be rounded up to $100, or the next highest amount that is a multiple of $100 as appropriate. 30BG Schedule of costs (Act, s 170CJ) (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. (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. (3) If the Commission considers it appropriate, a charge applicable to a solicitor in Schedule 5 is applicable to a person who: (a) is not a solicitor; and (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. (4) A bill of costs must identify, by an item number, each cost and disbursement claimed. (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. (6) In Schedule 5: folio means 72 words. Note There are generally 3 folios to a page. 30C Temporary absence because of illness or injury (1) For paragraph 170CK (2) (a) of the Act, an employee’s absence from work because of illness or injury is a temporary absence if: (a) the employee provides a medical certificate for the illness or injury within: (i) 24 hours after the commencement of the absence; or (ii) such longer period as is reasonable in the circumstances; or (b) the employee: (i) is required by the terms of an award, a certified agreement, an AWA, a State award, a State employment agreement or an old IR agreement to: (A) notify the employer of an absence from work; and (B) substantiate the reason for the absence; and (ii) complies with those terms. (2) Subregulation (1) does not apply if: (a) the employee’s absence extends for more than 3 months, unless the employee is on paid sick leave for the duration of the absence; or (b) the total absences of the employee, within a 12 month period, whether based on a single or separate illnesses or injuries, extend for more than 3 months, unless the employee is on paid sick leave for the duration of the absences. (3) In this regulation: medical certificate means a certificate signed by a medical pr medical pr Note Any finding that an absence is not a temporary absence for paragraph 170CK (2) (a) of the Act, is without prejudice to the rights of an employee whose employment has been terminated by an employer on the basis of such an absence: (a) to apply to the Commission for relief under subsection 170CE (1), on the ground, or on grounds including the ground, that the termination was harsh, unjust or unreasonable; or (b) to apply under a law of a State on the ground that the termination was harsh, unjust or unreasonable (however described); in respect of the termination of that employment. 30CA Required period of notice — exception for serious misconduct (1) For paragraph 170CM (1) (c) of the Act, serious misconduct includes: (a) wilful, or deliberate, behaviour by an employee that is inconsistent with the continuation of the contr (b) conduct that causes imminent, and serious, risk to: (i) the health, or safety, of a person; or (ii) the reputation, viability or profitability of the employer’s business. (2) For subregulation (1), conduct that is serious misconduct includes: (a) the employee, in the course of the employee’s employment, engaging in: (i) theft; or (ii) fraud; or (iii) assault; or (b) the employee being intoxicated at work; or (c) the employee refusing to carry out a lawful and reasonable instruction that is consistent with the employee’s contr (3) Subregulation (2) does not apply if the employee is able to show that, in the circumstances, the conduct engaged in by the employee was not conduct that made employment in the period of notice unreasonable. (4) For this regulation, an employee is taken to be intoxicated if the employee’s faculties are, by reason of the employee being under the influence of intoxicating liquor or a drug (except a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), so impaired that the employee is unfit to be entrusted with the employee’s duty or with any duty that the employee may be called upon to perform. 30CB Required period of notice — ascertaining period of continuous service (1) For subsection 170CM (3) of the Act, in ascertaining an employee’s period of continuous service, the following (a) a termination, suspension, stand down or other interruption imposed by the employer for the purpose of avoiding an obligation under section 170CM of the Act; (b) absence of the employee, on authorised leave, from work; (c) absence of the employee from work due to: (i) the employee’s illness; or (ii) an injury to the employee; (d) absence of the employee from work, if there was reasonable cause for the absence; (e) absence of the employee from work due to: (i) (ii) AWA industrial (f) any other absence from work, unless the employer has given the employee notice, under subregulation (4), that the employer will take an absence by the employee to break the employee’s continuity of service with the employer. (2) Paragraphs (1) (c) and (d) do not apply unless: (a) if the employee is required, under a relevant award, a certified agreement, an AWA, a State award, a State employment agreement or an old IR agreement to notify the employer of an absence and to substantiate the reason for the absence — the employee has done so; or (b) in any other case — the employee informs the employer within 24 hours after the commencement of the absence, or such longer period as is reasonable in the circumstances, of: (i) the employee’s absence; and (ii) whether the absence is due to illness, injury or other reason; and (iii) the likely duration of the absence. (3) Paragraph (1) (e) does not apply if the Commission or a State industrial authority has determined that, for the purpose of determining the employee’s entitlement to notice of termination or to compensation instead of notice, an absence is to be taken as breaking the employee’s continuity of service. (4) For paragraph (1) (f), notice must be given: (a) in writing; and (b) by delivering it to the employee personally or posting it to the employee’s last known address; and (c) during, or within 14 days after the end of, the period of absence. (5) A notice under paragraph (1) (f): (a) may be withdrawn by the employer; and (b) if withdrawn, is taken not to have been given. 30CC Compensation in lieu of required period of notice — commission or piece rates employees For paragraph 170CM (5) (c) of the Act, the amount taken to be payable, under an employee’s contr (a) for an employee who was continuously employed by the employer for a period of 3 months or more immediately before termination — in the 3 months before termination; or (b) for an employee who was continuously employed by the employer for a period less than 3 months immediately before termination — in that period. 30CD Inapplicability of section 170CM of the Act — succession, assignment or transmission of business (1) There is excluded from the operation of section 170CM of the Act a termination of employment that occurs because of the succession, assignment or transmission of the business of the employer (the former employer) to another person (the new employer) if: (a) the employee is employed by the new employer after the succession, assignment or transmission; and (b) either: (i) the new employer is under an obligation, enforceable by the employee, to recognise, for subsection 170CM (2) of the Act, the employee’s entire period of service to the former employer as continuous with service to the new employer; or (ii) the new employer is under an obligation to: (A) give the period of notice that is equivalent to the relevant period; or (B) pay the relevant amount of compensation; in the event that the new employer terminates the employee’s employment (except for serious misconduct) during the period, starting from the date of succession, assignment or transmission, that is equivalent to the relevant period. (2) In this regulation: relevant period means the period of notice that, but for this regulation, the former employer would have been required to give to the employee under section 170CM of the Act by reason of the employee’s employment by the former employer having been terminated at the time when the succession, assignment or transmission occurred. relevant amount of compensation means the amount of compensation equivalent to the amount of compensation instead of notice that the new employer would be required to pay to the employee under section 170CM of the Act if the required period of notice for the purposes of that section was equivalent to the relevant period. 30CE Prescribed notice of intended terminations ¾ subsection 170CL (2) of the Act For subsection 170CL (2) of the Act: (a) the prescribed body is Centrelink; and (b) the prescribed form is Form 14. Division 2 Adoption leave 30E Purpose of Division This Division makes provision for the purposes of section 170KC of the Act. 30F Basic Principles (1) Under this Division, if a child under the age of 5 years is placed with an employee for adoption, the employee and the employee’s spouse are entitled between them to unpaid adoption leave totalling 52 weeks to care for the child. (2) However, an employee’s entitlement to leave under this Division is reduced by the employee’s other adoption leave entitlements (for example, under an award, a certified agreement, an AWA, a State employment agreement or a State law). (3) To obtain adoption leave under this Division, an employee must satisfy requirements relating to the following matters: (a) length of service; (b) notice periods; (c) information and documentation. (4) Except for a period of 3 weeks at the time of the placement of the child, an employee and the employee’s spouse must take adoption leave at different times. (5) An employee may take other leave (for example, annual leave) in conjunction with adoption leave, but this will reduce the amount of adoption leave that the employee may take. (6) Adoption leave may be varied or cancelled in certain circumstances. For example, leave may be cancelled if the employee will not become, or ceases to be, the child’s primary care-giver or if there has been a mistake in calculating the amount of leave to which the employee is entitled. (7) An employee who takes adoption leave is, in most circumstances, entitled to return to the position which the employee held before the leave was taken. |
(8) Adoption leave does not break an employee’s continuity of service. (9) This Division establishes minimum entitlements to adoption leave and so is intended to supplement, and not to override, entitlements under other Commonwealth, State and Territory legislation and awards. 30G Definitions In this Division: adoption means adoption under a law of the Commonwealth, a State or a Territory. adoption agency means: (a) an agency, body or office; or (b) a court; that is authorised by a law of the Commonwealth, a State or a Territory to perform functions in relation to adoption. adoption leave means short adoption leave or long adoption leave. continuous service means service (otherwise than as a casual or seasonal employee) under an unbroken contr (a) by the employer; or (b) by an award or order of a court or tribunal that has power to fix wages and other terms and conditions of employment, or a certified agreement, an AWA, a State employment agreement or an old IR agreement; or (c) by a contr (d) by this Division or another law of the Commonwealth or of a State or a Territory. Division 2 adoption leave means Division 2 short adoption leave or Division 2 long adoption leave. Division 2 long adoption leave has the meaning given by paragraph 30H (1) (b). Division 2 short adoption leave has the meaning given by paragraph 30H (1) (a). employee includes a part-time employee, but not a casual or seasonal employee. law includes an unwritten law. long adoption leave means Division 2 long adoption leave or any other leave (however described) that: (a) is leave to which an employee is entitled, or that has been applied for by or granted to an employee, in respect of the adoption of a child, otherwise than under this Division (for example, under another law of the Commonwealth or of a State or Territory, or under an award, an order, a certified agreement, an AWA or a State employment agreement); and (b) is of a kind analogous to Division 2 long adoption leave, or would be of such a kind but for one or more of the following: (i) it is paid leave; (ii) differences in the rules governing eligibility for it; (iii) differences in the period or periods for which it can be taken. placement means the placement, by an adoption agency, of a child with an employee for adoption. relevant statutory declaration, in relation to an employee, has the meaning given by paragraph 30P (1) (b). short adoption leave means Division 2 short adoption leave or any other leave (however described) that: (a) is leave to which an employee is entitled, or that has been applied for by or granted to an employee, in respect of the adoption of a child, otherwise than under this Division (for example, under another law of the Commonwealth or of a State or Territory, or under an award, an order, a certified agreement, an AWA or a State employment agreement); and (b) is of a kind analogous to Division 2 short adoption leave, or would be of such a kind but for one or more of the following: (i) it is paid leave; (ii) differences in the rules governing eligibility for it; (iii) difference in the period or periods for which it can be taken. spouse, in relation to an employee, includes a person of the opposite sex to the employee who lives with the employee in a marriage-like relationship, although not legally married to the employee. 30H Entitlement to adoption leave (1) Subject to this Division, an employee is entitled, in respect of the placement of a child with the employee for adoption, to each of the following: (a) an unbroken period of up to 3 weeks of unpaid leave (Division 2 short adoption leave) to enable the employee, or the employee and the employee’s spouse, to care for the child; (b) an unbroken period of up to 52 weeks of unpaid leave (Division 2 long adoption leave) in order to be the child’s primary care-giver. (2) An employer must grant the leave referred to in paragraphs (1) (a) and (b) if each of the following paragraphs apply: (a) the child is to be, or has been, placed with the employee for adoption; (b) as a result of the placement, the employee is to provide, or provides, care for the child; (c) the child will be, at the proposed date of the placement, or was at the date of the placement, as the case requires, under the age of 5 years; (d) the child is not a child or step-child of the employee or the employee’s spouse; (e) the child will not have, at the proposed date of the placement, or had not, at the date of the placement, as the case requires, previously lived with the employee for a continuous period of 6 months or more; (f) it is reasonable to expect that the employee will complete, or the employee had completed, as the case requires, a period of at least 12 months continuous service with the employer on the day before the date of commencement of the leave; (g) the proposed leave complies with regulation 30K; (h) the employee complies with regulations 30M, 30N and 30P. 30J Maximum period of long adoption leave The maximum period of Division 2 long adoption leave is 52 weeks less the total of: (a) if the employee has notified the employer of his or her intention to apply for a period of short adoption leave in respect of the placement — that period; (b) each period of annual leave, or long service leave, that the employee has applied to take instead of, or in conjunction with, long adoption leave in respect of the placement; (c) each period of leave specified under paragraph 30P (3) (c) in the relevant statutory declaration. 30K Limitations on the taking of adoption leave (1) A period of Division 2 short adoption leave must begin on the day of the placement. (2) A period of Division 2 long adoption leave must begin on the later of: (a) the day specified in the employee’s application for leave as the first day of the period of leave; or (b) the date of placement of the child; and must not extend beyond the first anniversary of the date of placement of the child. (3) A period of Division 2 long adoption leave must not overlap with a period of leave specified under paragraph 30P (3) (c) in the relevant statutory declaration. (4) Subject to subregulations (1), (2) and (3), a period of Division 2 short adoption leave or Division 2 long adoption leave must be a continuous period equal to the shorter of: (a) the period applied for; or (b) the period of entitlement. 30L Entitlement affected by other adoption leave available to employee (1) This regulation applies if, had this Division not been en (a) an employee could have applied, in respect of the placement of a child, for short adoption leave or long adoption leave to which paragraphs (a) and (b) of the definition of short adoption leave or long adoption leave, as the case may be, in regulation 30G apply; and (b) if the employee had so applied in accordance with the rules governing that adoption leave, the employee would have a legally enforceable right to a period of such leave; whether or not the employee has in f (2) The period of leave referred to in paragraph (1) (b) is called the period of alternative leave. (3) The period of Division 2 short adoption leave or Division 2 long adoption leave, as the case may be, that the employer would, but for this regulation, be required to grant to the employee in respect of the placement of the child is called the unadjusted period of adoption leave. (4) If the period of alternative leave is as long as, or longer than, the unadjusted period of adoption leave, the employer must not grant Division 2 short adoption leave or Division 2 long adoption leave, as the case may be, in respect of the placement. (5) Otherwise, the employer must grant to the employee, instead of the unadjusted period of adoption leave, a period of short adoption leave, or long adoption leave, as the case may be, that: (a) equals the difference between the unadjusted period of adoption leave and the period of alternative leave; and (b) begins immediately after the period of alternative leave if the employer grants it; and (c) in other respects complies with the employee’s entitlements under this Division. Note This regulation assumes that an employee will make a single application for a composite period of adoption leave to which the employee is entitled, and that the application will be made in accordance with both this Division and the rules governing the other kind of adoption leave for which the employee is applying. 30M Employee to give notice of adoption leave (1) An employee who: (a) is given notice of the approval of the placement of a child with the employee; and (b) intends to apply for Division 2 adoption leave in respect of the placement; must give notice to the employer in accordance with this regulation. (2)As soon as pr (3) Within 2 months after giving notice under subregulation (2), the employee must give notice in writing to the employer of the period or periods of adoption leave that the employee proposes to take. (4) As soon as pr 30N Application for adoption leave (1) An employee must apply in writing for Division 2 adoption leave. (2) The application must specify the first and last days of the proposed period or periods of leave. (3) The employee must submit the application to the employer: (a) in the case of Division 2 short adoption leave — at least 14 days before the proposed date of the placement of the child; or (b) in the case of Division 2 long adoption leave — at least 10 weeks before the first day of the period of leave. (4) Paragraph (3) (a) does not apply if: (a) due to the date of placement of the child required by the adoption agency the employee cannot comply with the paragraph; and (b) the employee submits the application as soon as pr (5) Paragraph (3) (b) does not apply if: (a) due to the date of placement of the child required by the adoption agency the employee cannot comply with the paragraph; and (b) the employee submits the application as soon as pr 30P Documents to be given to employer before employee takes leave (1) Before beginning a period of Division 2 adoption leave, the employee must give to the employer: (a) a statement from the adoption agency of the proposed date of placement of the child; and (b) a statutory declaration (the relevant statutory declaration) in accordance with subregulation (3). (2) If the employee has applied for more than one period of Division 2 adoption leave in respect of a placement, the reference in subregulation (1) to a period is to be taken as a reference to the first of those periods. (3) A statutory declaration under paragraph (1) (b) must: (a) state that the employee proposes to take one or both of the following (as the case requires): (i) Division 2 short adoption leave to enable the employee, or the employee and the employee’s spouse, to care for the child; (ii) Division 2 long adoption leave in order to be the child’s primary care-giver; (b) state that the child: (i) will be at the proposed date of the placement, or was, at the date of the placement, as the case requires, under the age of 5 years; and (ii) is not a child or step-child of the employee or the employee’s spouse; and (iii) will not have, at the proposed date of the placement, or had not, at the date of the placement, as the case requires, previously lived with the employee for a continuous period of 6 months or more; (c) specify: (i) the first and last days of any period of short adoption leave for which the employee’s spouse intends to apply, or has applied, in respect of the placement of the child; and (ii) the first and last days of any period of long adoption leave for which the employee’s spouse intends to apply, or has applied, in respect of the placement of the child; and (iii) the first and last days of each period of annual leave, or long service leave, for which the employee’s spouse intends to apply, or has applied, instead of, or in conjunction with, that adoption leave; and (d) state that the employee: (i) will be the child’s primary care-giver throughout the period (if any) of Division 2 long adoption leave referred to in paragraph (3) (a); and (ii) will not engage in any conduct inconsistent with the employee’s contr 30Q Taking annual leave or long service leave instead of, or in conjunction with, adoption leave If an employee applies to take annual leave, or long service leave, instead of, or in conjunction with, Division 2 short adoption leave or Division 2 long adoption leave in respect of the placement of a child, the employer must grant the annual leave or long service leave if: (a) had this Division not been en (b) the total of the following does not exceed 52 weeks: (i) the period of annual leave or long service leave; (ii) each period of annual leave, or long service leave, that the employer has already granted to the employee instead of, or in conjunction with, the adoption leave; (iii) each period of adoption leave that the employer has already granted to the employee in respect of the placement; (iv) each period of leave specified under paragraph 30P (3) (c) in the relevant statutory declaration. 30R Extension of adoption leave (1) An employee may apply in writing for an extension of Division 2 long adoption leave granted to the employee. (2) The employer must grant the application if: (a) it is given to the employer at least 14 days before the last day of the period of leave; and (b) it specifies the first or last day of the extended period of leave, as the case requires; and (c) unless the matters referred to in subparagraphs 30P (3) (c) (i), (ii) and (iii) are still as stated in the relevant statutory declaration — the employee submits with the application for the extension a statutory declaration stating the matters referred to in those subparagraphs; and (d) the period of leave, if extended in accordance with the application, would not exceed the maximum period under regulation 30J, calculated as at the time of granting the application for the extension. (3) The period of adoption leave may be extended again only by agreement between the employer and the employee. 30S Shortening of adoption leave (1) An employee may apply in writing to shorten a period of Division 2 adoption leave granted to the employee. (2) The employer may grant the application if it specifies the last day of the shortened period of leave. 30T Effect on adoption leave of failure to complete 12 months continuous service If Division 2 adoption leave has been granted on the basis that it is reasonable to expect that the employee will complete a period of at least 12 months continuous service with the employer on a particular day, the employer may cancel the leave if the employee does not complete such a period on that day. 30U Effect on adoption leave if child is 5 years of age or more If Division 2 adoption leave has been granted to an employee on the basis that the child will be under the age of 5 years on the day of the placement, the employer may cancel the leave if the child is not under the age of 5 years on that day. 30V Effect on adoption leave if child has lived continuously with employee If Division 2 adoption leave has been granted to an employee on the basis that the child will not at the day of the placement have previously lived with the employee for a continuous period of 6 months or more, the employer may cancel the leave if the child had at that day previously lived with the employee for a continuous period of 6 months or more. 30W Effect on adoption leave if child is the child of the employee or employee’s spouse If Division 2 adoption leave has been granted to an employee on the basis that the child is not a child or step-child of the employee or the employee’s spouse, the employer may cancel the leave if the child is a child or step-child of the employee or the employee’s spouse. 30X Effect on adoption leave if placement does not proceed (1) This regulation applies if an employer has granted Division 2 adoption leave to an employee and the placement of the child: (a) does not take place; or (b) takes place but does not continue. (2) The employer may cancel the adoption leave at any time before it begins. (3) If the adoption leave has begun, the employee may notify the employer in writing that the employee wishes to return to work. (4) On receipt of a notice under subregulation (3), the employer must notify the employee in writing of the day on which the employee is to return to work, being a day within 4 weeks after the employer received the notice. (5) If the adoption leave has begun, the employer may notify the employee in writing that the employee must return to work on a specified day that is not less than 4 weeks after the notice is given. (6) If the employee returns to work, the employer must cancel the rest of the adoption leave. 30Y Effect on adoption leave if employee ceases to be the primary care-giver (1) This regulation applies if: (a) during a substantial period beginning on or after the beginning of an employee’s Division 2 long adoption leave, the employee is not the child’s primary care-giver; and (b) having regard to the length of that period and to any other relevant circumstances, it is reasonable to expect that the employee will not again become the child’s primary care-giver within a reasonable period. (2) The employer may notify the employee in writing that the employee must return to work on a specified day that is not less than 4 weeks after the notice is given. (3) If the employee returns to work, the employer must cancel the rest of the adoption leave. 30Z Return to work after adoption leave (1) This regulation applies when an employee returns to work after a period of Division 2 adoption leave. (2) The employer must employ the employee in the position that the employee held immediately before that period. (3) If that position no longer exists but the employee is qualified for, and can perform the duties of, other positions in the employer’s employment, the employer must employ the employee in whichever of those positions is nearest in status and remuneration to the position referred to in subregulation (2). 30ZA Employee’s duty if excessive leave granted or if periods of long adoption leave overlap (1) This regulation applies if the total of the following exceeds 52 weeks: (a) each period of adoption leave granted to the employee in respect of the placement of a child; (b) each period of annual leave or long service leave granted by the employer to the employee instead of, or in conjunction with, such adoption leave; (c) each period of adoption leave granted to the employee’s spouse in respect of the placement of the child; (d) each period of annual leave or long service leave, granted by the employer referred to in paragraph (c), to the employee’s spouse instead of, or in conjunction with, such adoption leave. (2) This regulation also applies if a period of leave of a kind referred to in paragraph (1) (a) (other than short adoption leave) or paragraph (1) (b) overlaps with a period of leave of a kind referred to in paragraph (1) (c) (other than short adoption leave) or paragraph (1) (d). (3) The employee must give to the employer notice in writing that: (a) if subregulation (1) applies — states that the total exceeds 52 weeks and specifies the amount of the excess; and (b) if subregulation (2) applies — specifies the period of the overlap; and (c) sets out how the employee suggests that the employer vary or cancel leave granted to the employee (except in so far as the employee has already taken the leave) so as to reduce or remove the excess or overlap; and (d) unless the variations and cancellations suggested under paragraph (c) will remove the excess or overlap — sets out the suggestions that the employee’s spouse has made or proposes to make under this paragraph. (4) The variations and cancellations suggested under this regulation must be such that, if they are all made, the excess or overlap will be removed. (5) An employer who receives a notice under subregulation (3) may vary or cancel periods of leave as suggested in the notice, or as agreed with the employee or the employee’s spouse, as the case may be. 30ZB Employer to warn replacement employee that employment is only temporary An employer must not employ a person: (a) to replace an employee while the employee is on adoption leave; or (b) to replace an employee who, while another employee is on adoption leave, is to perform the duties of the position held by the other employee; unless the employer has informed the person: (c) that the person’s employment is only temporary; and (d) about the rights of the employee who is on adoption leave. 30ZC Adoption leave and continuity of service A period of adoption leave does not break an employee’s continuity of service, but does not otherwise count as service except: (a) for the purpose of determining the employee’s entitlement to a later period of: (i) adoption leave; or (ii) other parental leave within the meaning of clause 2 of Schedule 14 to the Act; or (b) as expressly provided in a law of the Commonwealth or of a State or Territory, or in an award, order, agreement or instrument. 30ZD Effect of Division on other laws To avoid doubt, this Division has effect despite: (a) a law of a State or Territory; or (b) an award, order, agreement or instrument; but is not intended to exclude or limit the operation of such a law, or of an award, order, agreement or instrument, in so far as that law, award, order, agreement or instrument can operate concurrently with this Division. Part 5B Certified agreements 30ZE Prescribed conditions of employment specified in prescribed Commonwealth laws (Act, s. 170LZ) (1) For the purposes of subsection 170LZ (4) of the Act: (a) the following laws are prescribed: (i) all determinations made by an Agency Head under subsection 24 (1) of the Public Service Act 1999 (except a determination made under that subsection in accordance with regulations made for the purpose of subsection 72 (5) of that Act); (ii) all determinations made by a Secretary under subsection 24 (1) of the Parliamentary Service Act 1999; (iv) Determination No. 1 (Determination of Remuneration and Allowances and Terms and Conditions of Service of Deputy Commissioners of Police), made under sections 17 and 20 of the Australian Federal Police Act 1979, to the extent that it relates to an entitlement to an adjustment payment; (v) all determinations made under subsection 26E (1) or (1A) of the Australian Federal Police Act 1979; (vi) Determination No. 5 (Determination of Adjustment Payment for Members and Staff Members), made under section 30 of the Australian Federal Police Act 1979, to the extent that it relates to an entitlement to an adjustment payment; (vii) Determination No. 2 (Determination of Terms and Conditions of Service of the Senior Executive Service), made under section 30 of the Australian Federal Police Act 1979, to the extent that it relates to an entitlement to an adjustment payment; and (b) the following conditions of employment are prescribed: (i) each condition of employment specified in a determination mentioned in subparagraph (a) (i) (except a condition of employment specified in a determination made under subsection 24 (1) of the Public Service Act 1999 in accordance with regulations made for the purpose of subsection 72 (5) of that Act); (ii) each condition of employment specified in a determination mentioned in subparagraph (a) (ii); (iii) each condition of employment specified in the determinations mentioned in subparagraphs (a) (iv) to (vii) (inclusive). (2) In this regulation: adjustment payment has the meaning given by subsection 4 (1) of the Australian Federal Police Act 1979. Agency Head has the meaning given by section 7 of the Public Service Act 1999. Secretary has the meaning given by section 7 of the Parliamentary Service Act 1999. 30ZF Modification of certified agreement provisions applied as State law (1) For the purposes of paragraph (a) of the definition of complementary State law in subsection 170NI (2) of the Act, the modifications in Part 1 of Schedule 6 are required in relation to the application, as a law of a State, of the certified agreement provisions of the Act. (2) For the purposes of paragraph (b) of the definition of complementary State law in subsection 170NI (2) of the Act, the modifications in Part 2 of Schedule 6 are permitted in relation to the application, as a law of a State, of the certified agreement provisions of the Act. 30ZG Protected (1) For the purposes of subsection 170ML (6) of the Act, prescribed purposes are the assessment of eligibility for, or the calculation of, any benefit or entitlement arising from the employees’ employment by the employer, including, in particular: (a) superannuation entitlements; and (b) authorised leave entitlements; and (c) remuneration and promotion as affected by seniority; and (d) entitlement (if any) to notice on termination of employment. (2) In paragraph (1) (b), authorised leave means leave authorised: (a) by the employer; or (b) by an award or order of a court or tribunal that has power to fix wages and other terms and conditions of employment; or (c) by a certified agreement, an AWA, a State employment agreement or an old IR agreement; or (d) by the employee’s contr (e) by a law of the Commonwealth, or of a State or Territory. 30ZGA Prescribed person — section 170NF of the Act For paragraph 170NF (4) (d) of the Act, an inspector is prescribed. Note Under subsection 170NF (4) of the Act, an application for an order under subsection 170NF (1) that: · imposes a penalty on a person who contravenes a penalty provision; and · relates to a contravention of section 170MN; may be made by a prescribed person. Part 5C Australian Workplace Agreements 30ZH Interpretation Expressions that are used in this Part and in Part VID of the Act have, in this Part, the same respective meanings as in that Part of the Act. 30ZI Content of AWA (1) For subsection 170VG (1) of the Act, the provisions relating to discrimination set out in Schedule 8 are prescribed. (2) For subsection 170VG (3) of the Act, the model procedure set out in Schedule 9 is prescribed. 30ZJ Prescribed conditions of employment specified in prescribed Commonwealth laws (Act, s. 170VR (4)) (1) For subsection 170VR (4) of the Act: (a) the following laws are prescribed: (i) all determinations made by an Agency Head under subsection 24 (1) of the Public Service Act 1999 (except a determination made under that subsection in accordance with regulations made for the purpose of subsection 72 (5) of that Act); (ii) all determinations made by a Secretary under subsection 24 (1) of the Parliamentary Service Act 1999; (iv) Determination No. 1 (Determination of Remuneration and Allowances and Terms and Conditions of Service of Deputy Commissioners of Police), made under sections 17 and 20 of the Australian Federal Police Act 1979, to the extent that it relates to an entitlement to an adjustment payment; (v) all determinations made under subsection 26E (1) or (1A) of the Australian Federal Police Act 1979; (vi) Determination No. 5 (Determination of Adjustment Payment for Members and Staff Members), made under section 30 of the Australian Federal Police Act 1979, to the extent that it relates to an entitlement to an adjustment payment; (vii) Determination No. 2 (Determination of Terms and Conditions of Service of the Senior Executive Service), made under section 30 of the Australian Federal Police Act 1979, to the extent that it relates to an entitlement to an adjustment payment; and (b) the following conditions of employment are prescribed: (i) each condition of employment specified in a determination mentioned in subparagraph (a) (i) (except a condition of employment specified in a determination made under subsection 24 (1) of the Public Service Act 1999 in accordance with regulations made for the purpose of subsection 72 (5) of that Act); (ii) each condition of employment specified in a determination mentioned in subparagraph (a) (ii); (iii) each condition of employment specified in the determinations mentioned in subparagraphs (a) (iv) to (vii) (inclusive). (2) In this regulation: adjustment payment has the meaning given by subsection 4 (1) of the Australian Federal Police Act 1979. Agency Head has the meaning given by section 7 of the Public Service Act 1999. Secretary has the meaning given by section 7 of the Parliamentary Service Act 1999. 30ZK AWA industrial (1) For subsection 170WC (4) of the Act, prescribed purposes are the assessment of eligibility for, or the calculation of, any benefit or entitlement arising from the employees’ employment by the employer, including, in particular: (a) superannuation entitlements; and (b) authorised leave entitlements; and (c) remuneration and promotion as affected by seniority; and (d) entitlement (if any) to notice on termination of employment. (2) In paragraph (1) (b), authorised leave means leave authorised: (a) by the employer; or (b) by an award or order of a court or tribunal that has power to fix wages and other terms and conditions of employment; or (c) by a certified agreement, an AWA, a State employment agreement or an old IR agreement; or (d) by the employee’s contr (e) by a law of the Commonwealth, or of a State or Territory. 30ZL Immunity conditional on giving notice For subsection 170WD (1) of the Act, a notice must be in writing and must include, or be accompanied by, particulars of: (a) any matter that the party intending to take the (b) the proposed nominal expiry date of the AWA; and (c) the proposed date or dates on which the (d) the proposed duration of the (e) the proposed nature and form of the 30ZM Exception to prohibition on disclosure of identity of AWA parties (1) For paragraph 170WHB (2) (b) of the Act, a disclosure by a person (the entrusted person) to an authorised person of protected information that the entrusted person knows, or has reasonable grounds to believe, will identify another person as being, or having been, a party to an AWA is authorised if the disclosure of the protected information is for the purpose of: (a) providing analyses of trends in agreement making; or (b) preparing reports on enterprise bargaining for the purposes of section 358A of the Act. (2) In this regulation: authorised person means: (a) for the purposes of paragraph (1) (a): (i) the Employment Advocate; or (ii) a person authorised in writing by the Employment Advocate; or (b) for the purposes of paragraph (1) (b): (i) the Employment Advocate; or (ii) a person authorised in writing by the Employment Advocate; or (iii) a person authorised in writing by the Workplace Relations Minister. protected information has the same meaning as in subsection 170WHB (4) of the Act. 30ZN Modification of AWA provisions applied as State law (1) For paragraph (a) of the definition of complementary State law in subsection 170WKA (2) of the Act, the modifications in Part 1 of Schedule 11 are required in relation to the application, as a law of a State, of the AWA provisions of the Act. (2) For paragraph (b) of the definition of complementary State law in subsection 170WKA (2) of the Act, the modifications in Part 2 of Schedule 11 are permitted in relation to the application, as a law of a State, of the AWA provisions of the Act. 30ZO Qualifications and appointment of bargaining agents (1) For paragraph 170WL (b) of the Act, a person is excluded from being appointed or holding an appointment as a bargaining agent if the person: (a) has been appointed as the bargaining agent for the other party to the AWA; or (b) is bankrupt or is applying to take the benefit of any law for the relief of a bankrupt or insolvent debtor; or (c) has not attained the age of 18 years. (2) For paragraph 170WL (b) of the Act, if, before or after the commencement of this regulation, a person has been convicted of: (a) an offence against a Commonwealth, State or Territory law punishable by imprisonment for 1 year or longer; or (b) an offence against a Commonwealth, State or Territory law that involves dishonesty and is punishable by imprisonment for 6 months or longer; or (c) an offence in connection with the negotiation of a certified agreement, an old IR agreement, an AWA or ancillary document (whether or not as a bargaining agent), or a State agreement under a State law; or (d) an offence under the Act; that person is excluded from being appointed or holding an appointment as a bargaining agent within the period of 5 years after the date of conviction or, if the person was sentenced to imprisonment, after release from prison. (3) A person who is excluded from being appointed or holding an appointment as a bargaining agent under subregulation (1) or (2) may apply to the Court for leave to hold an appointment as a bargaining agent. (4) When granting leave under this regulation, the Court may impose any conditions or restrictions that it thinks fit. (5) The Court may at any time, on the application of the Employment Advocate, revoke leave granted by the Court under this regulation. (6) It is a condition of the appointment of an organisation, or any other incorporated body, as a bargaining agent that each individual who carries out the functions of a bargaining agent on its behalf is, at all material times, a person who is not excluded by the preceding provisions of this regulation from being a bargaining agent. 30ZP Required form of AWAs and ancillary documents For paragraph 170WL (c) of the Act, every AWA and ancillary document must: (a) be in the English language; and (b) be printed in legible typescript; and (c) include the full name and address of each party who signs the document. 30ZQ Witnessing of signatures on AWAs and ancillary documents (1) For paragraph 170WL (d) of the Act, a person who signs an AWA or an ancillary document as a witness must also include his or her full name and address. (2) For paragraph 170WL (d) of the Act, the following persons cannot witness a party’s signature on an AWA or an ancillary document: (a) the other party to the AWA or ancillary document; (b) the bargaining agent of the other party to the AWA or ancillary document; (c) where the other party to the AWA or ancillary document is a corporation — a person who is a director of the corporation or a person involved in the day to day management of the corporation. Part VI Co-operation with the States 31 Prescribed State laws — section 173 of the Act For the purposes of subsections 173 (1) and (2) of the Act, each of the following State Acts is a prescribed law of the State by whose Parliament it was passed: (a) the Industrial Arbitration Act, 1940 of (b) the Industrial Relations Act 1979 of (c) the Industrial Relations Act 1990 of (d) the Industrial Relations Act 1979 of (e) the Industrial Conciliation and Arbitration Act, 1972 of (f) the Industrial Relations Act 1984 of Part 6A Compliance 32AA Recovery of wages etc — small claims procedure (1) For the purposes of paragraph 179C (b) of the Act, the manner in which a person indicates that he or she wants a small claims procedure to apply to an (a) by: (i) endorsing the papers initiating the (ii) lodging with the magistrate’s court a paper that identifies the (b) by giving a copy of the papers initiating the (2) Subregulation (1) does not apply to an 32A Recovery of small claims under award, order, AWA or certified agreement — maximum amount The prescribed amount for the purposes of paragraph 179D (2) (a) of the Act is $10,000. 32AB Recovery of pay by contr (1) For subsection 547 (1) of the Act, the manner in which a person indicates that he or she wants a small claims procedure to apply to an (a) by: (i) endorsing the papers initiating the (ii) lodging with the court a paper that identifies the (b) by giving a copy of the papers initiating the (2) Subregulation (1) does not apply to an 32AC Recovery of small claims by contr For paragraph 547 (2) (a) of the Act, the prescribed amount is $10 000. Part 6B Payments in relation to periods of industrial 32B Applications to the Court (Act, s 187AC) For paragraph 187AC (2) (c) of the Act, an inspector is prescribed. Note Under subsection 187AC (2) of the Act, an application to the Court for orders under section 187AD of the Act in respect of contraventions of section 187AA or 187AB of the Act may be made by various persons, including a person prescribed by the regulations. Part VII Entry and inspections by organisations 109A Applications for permits to enter and investigate premises (Act, s. 285A (1)) For the purposes of subsection 285A (1) of the Act, an application for a permit made by an organisation, or a branch of an organisation, must: (a) be in writing; and (b) be signed by a member of the committee of management of the organisation or of the branch of that organisation, as the case requires; and (c) state the name of the person in whose name the permit is to be issued; and (d) state whether that person is an officer or employee of the organisation or branch, as the case requires; and (e) if the person is an officer of the organisation or branch, state the office held by that person. 109B Prescribed form of permit (Act, s. 285A (1)) For the purposes of subsection 285A (1) of the Act, the prescribed form of a permit is Form 13. 109C Application for revocation of a permit (Act, s. 285A (3)) (1) For the purposes of subsection 285A (3) of the Act, an application for the revocation of a permit may be made by: (a) an employer claiming that: (i) the employer, or an employee of the employer, has been hindered or obstructed by the holder of the permit; or (ii) the holder of the permit has otherwise (b) an employer organisation claiming that: (i) one of its members, or an employee of one of its members, has been hindered or obstructed by the holder of the permit; or (ii) the holder of the permit has otherwise (c) an inspector claiming that: (i) an employer, or an employee of an employer, has been hindered or obstructed by the holder of the permit; or (ii) the holder of the permit has otherwise (2) An application must: (a) be in writing; and (b) be signed by the applicant; and (c) state the grounds on which the application is made. 109D Endorsement of conscientious objection certificate (Act s 285C) An application under subsection 285C (4) of the Act must contain a declaration signed by the employer stating that: (a) the conditions mentioned in paragraphs 285C (3) (a) and (c) of the Act are satisfied; and (b) the employer is a pr (c) all of the employees employed by the employer have agreed that the employer’s certificate should be endorsed. Part IX Australian Industrial Registry 124 Office hours (1) Each registry of the Industrial Registry shall be open on ordinary working days between the hours of (2) Where: (a) any (b) the time for doing that (c) for that reason that that 125 Lodgment of documents in Industrial Registry Any document required under Part IX of the Act or Part VII of these Regulations to be lodged in the Industrial Registry may be lodged by: (a) leaving it with a (b) properly addressing, prepaying and posting the document; or (c) electronic means prescribed by Rules of the Commission made under section 48 of the Act; or (d) any means authorised in writing by the Commission. 126 Endorsement of documents Every document that is lodged in connection with any matter before a 127 Inspection of documents A document lodged in the Industrial Registry under Part IX of the Act or under Part VII of these Regulations may be inspected, upon giving reasonable notice, at a registry during the hours of opening referred to in subregulation 124 (1) and a person may, upon application, obtain an office copy or a certified copy of any such document. 129 Power to waive procedural requirements and effect of non-compliance (1) Subject to the Act, a (2) Subject to the Act, non-compliance with any of these Regulations shall not render void any proceedings before a (a) set aside, either wholly or in part, as irregular; (b) amended; or (c) otherwise dealt with in such manner and upon such terms as the 130 Use of previous evidence (1) Subject to subregulations (1A) and (1B), any evidence given (whether orally, by statutory declaration or otherwise) in the course of proceedings before the Court, the Commission or a (1A) A person who is a party to subsequent proceedings referred to in subregulation (1) may object to the use in those proceedings of any evidence given in the course of the first proceedings if the person was not a party to those first proceedings. (1B) The (2) When evidence has been given orally, this regulation does not authorise its use in subsequent proceedings before a 131 Recovery of cost of providing copies of documents Where a Part 9A Records by employers Division 1 Employees under awards etc 131A Records relating to employees — section 353A of the Act (1) Subject to subregulation (1A), an employer who employs an employee under an award, a certified agreement, an AWA or an old IR agreement, must make, or cause to be made, a record in accordance with this Division. Penalty: $1,000. (1AA) Strict liability applies to the physical element in subregulation (1) that the record is in accordance with this Division. Note For strict liability, see section 6.1 of the Criminal Code. (1A) Subregulation (1) does not apply if: (a) a certificate under regulation 131P applies in relation to the award, certified agreement or old IR agreement under which the employer employs the employee; or (b) a certificate under regulation 131PA applies in relation to the AWA under which the employer employs the employee. (2) Subject to regulation 131N, an employer must keep, or cause to be kept, an entry in a record: (a) in the case of a particular of a kind mentioned in regulation 131D or paragraph 131H (f) — for a continuous period of 7 years after the date on which: (i) the entry is changed; or (ii) the employee’s employment with the employer is terminated; whichever happens first; or (b) in any other case — for a continuous period of 7 years after the date on which the entry is made. Penalty: $1,000. (3) Strict liability applies to the physical element in paragraph (2) (a) that the particular is of a kind mentioned in regulation 131D or paragraph 131H (f). Note For strict liability, see section 6.1 of the Criminal Code. 131B Records to show whether relevant conditions complied with (1) A record that relates to an employee employed under an award, a certified agreement or an old IR agreement must be in a condition that allows an inspector to determine whether the conditions of that award, certified agreement or old IR agreement are being complied with in relation to the employee. (2) A record that relates to an employee employed under an AWA must be in a condition that allows an authorised officer to determine whether the conditions of that AWA are being complied with in relation to the employee. 131C Form of records A record must be: (a) in a legible form in the English language; or (b) in a form that is readily accessible and is convertible into a legible form in the English language. 131D Contents of records — general A record relating to an employee must contain the following particulars: (a) the name of the employer; and (b) the name of the employee; and (c) the date of birth of the employee as provided by the employee; and (d) the name of each award, AWA, certified agreement or old IR agreement under which the employee has entitlements; and (e) the classification of the employee under the award, AWA, certified agreement or old IR agreement; and (f) whether the employee’s employment under the award, AWA, certified agreement or old IR agreement is: (i) full-time; or (ii) part-time; and (fa) whether the employee’s employment under the award, AWA, certified agreement or old IR agreement is: (i) permanent; or (ii) temporary; or (iii) casual; and (g) the date on which the employee’s employment began. 131E Contents of records — overtime If overtime may be paid under the award, AWA, certified agreement or old IR agreement to the employee, the record relating to the employee must state: (a) the number of hours worked by the employee during each day; and (b) when the employee started and ceased work. 131F Contents of records — remuneration If the award, AWA, certified agreement or old IR agreement provides for a rate of remuneration of the employee — the record relating to the employee must state the rate of remuneration at which the employee is paid, including the gross and net amounts paid, and the deductions made from that remuneration. 131G Contents of records — leave If the award, AWA, certified agreement or old IR agreement provides for leave of any kind, the record relating to the employee must state details of: (a) the leave taken by the employee; and (b) the employee’s entitlement from time to time to that leave; and (c) accrual of leave. 131H Contents of records — superannuation contributions (1) If the award, AWA, certified agreement or old IR agreement provides for superannuation contributions to be made by the employer for the benefit of the employee, the record relating to the employee must state: (b) the amount of the contributions made; and (c) the period over which the contributions are made; and (d) when the contributions are made; and (e) the name of the fund or funds to which the contributions were made; and (f) the basis on which the employer became liable to make the contributions, including: (i) the keeping of a record of any election as to the fund to which contributions are to be made; and (ii) the date of any relevant election; and (iii) the name of the person who made each relevant election. (2) In paragraphs (1) (b), (c) and (d): contributions does not include contributions to a defined benefit superannuation fund within the meaning of the Occupational Superannuation Standards Regulations. 131J Contents of records — termination of employment If the employee’s employment is terminated, the record relating to the employee must state: (a) whether the employment was terminated: (i) by consent; or (ii) by notice; or (iii) summarily; or (iv) in some other manner, specifying the manner; (b) the name of the person who 131K Alteration and correction of records (1) Subject to subregulation (2) or (3), an employer must not alter a record, or allow a record to be altered. Penalty: 10 penalty units. (2) An employer must correct any error in a record as soon as the employer becomes aware of the error. Penalty: $1,000. (3) An employer who corrects an error in a record must record the nature of the error with the correction. Penalty: $1,000. 131KA False or misleading entry (1) A person commits an offence if: (a) the person makes, or makes use of, an entry in any record required to be kept under this Division; and (b) the person does so knowing that the entry is false or misleading. Penalty: 10 penalty units. (2) Strict liability applies in subregulation (1) to the f Note For strict liability, see section 6.1 of the Criminal Code. 131L Inspection and copying of records (1) An employer must make a copy of a record available, in accordance with subregulations (2) and (3), on request by: (a) the employee, or the former employee, to whom the record relates; or (b) an inspector in relation to an employee that is not employed under an AWA; or (c) an authorised officer in relation to an employee employed under an AWA. Penalty: $1,000 Note Division 11A of Part IX of the Act deals with a registered organisation’s right to inspect records in relation to employment. (2) The employer must make the copy available in a legible form in the English language to the person specified in the request or, if no person is specified, to the person making the request, for inspection and copying. (3) The employer must make the copy available: (a) if the record is kept at the premises where the employee works or, in the case of a former employee, where the former employee last worked for the employer — forthwith at those premises; or (b) in any other case — within 14 days: (i) at those premises; or (ii) at other premises within 25 kilometres of those premises; or (iii) at premises agreed between the employer and the person making the request. 131M Information concerning records (1) An employer to whom subregulation 131L (1) applies must tell a person entitled to inspect and copy a record, on request, where records relating to an employee, or a class of employees, are kept. Penalty: $1,000. (1A) Strict liability applies to the physical element in subregulation (1) that the employer is an employer to whom subregulation 131L (1) applies. Note For strict liability, see section 6.1 of the Criminal Code. (2) The person may interview the employer, or a representative of the employer, at any time during ordinary working hours, about a record made or to be made by the employer. (3) The employer must give reasonable assistance to the person in the conduct of the interview. Penalty: $1,000. 131N Transfer and assignment of business (1) This regulation applies if an employer (the former employer) transfers or assigns the business or a part of the business in which the employee is employed and the employee becomes an employee of the transferee or assignee (the new employer). (2) Subject to subregulation (2A), the former employer must transfer to the new employer all records concerning the employee that, at the date of transfer or assignment, the former employer is required under regulation 131A to keep. Penalty: $1,000. (2AA) Strict liability applies to the physical element in subregulation (2) that the records are required to be kept under regulation 131A. Note For strict liability, see section 6.1 of the Criminal Code. (2A) If the former employer is a Commonwealth authority, the former employer must transfer to the new employer a copy of all records concerning the employee that, at the date of transfer or assignment, the former employer is required under regulation 131A to keep. (3) The new employer who receives transferred records must keep the transferred records as if they had been made by the new employer at the time they were made by the former employer. Penalty: $1,000. (4) The new employer is not required to make records of anything occurring in the course of an employee’s employment with the former employer. 131P Award provisions relating to records (1) The Commission may issue a certificate stating that an award, a certified agreement or an old IR agreement complies with this Part if the Commission is satisfied that the award, a certified agreement or an old IR agreement contains a condition for the keeping of records that are reasonably comparable to records of the kind mentioned in regulation 131A. (2) In this regulation, award, in relation to the Commonwealth or a State or Territory or to an authority of the Commonwealth or of a State or Territory, is taken to include: (a) a law of the Commonwealth or of a State or Territory relating to conditions of employment by the Commonwealth or the State or Territory or by a Commonwealth, State or Territory authority; and (b) administrative or industrial arrangements and pr (3) The Commission may issue a certificate on its own motion or at the request of the relevant employer. (4) A certificate applies to an award only if the employer keeps records in accordance with the award. 131PA AWA provisions relating to records (1) The Employment Advocate may issue a certificate stating that an AWA complies with this Part if the Employment Advocate is satisfied that the AWA contains a condition for the keeping of records that are reasonably comparable to records of the kind mentioned in regulation 131A. (2) The Employment Advocate may issue a certificate: (a) on his or her own motion; or (b) at the request of the relevant employer. (3) A certificate applies to an AWA only if the employer keeps records in accordance with the AWA. (4) The issue by the Employment Advocate of a certificate under subregulation (1) is a prescribed function for the purposes of paragraph 83BB (1) (j) of the Act. 131Q Records— extended meaning In regulations 131K, 131L, 131M and 131N, record is taken to include: (a) a record kept under a condition of an award, a certified agreement or an old IR agreement if a certificate under regulation 131P applies to that award, certified agreement or old IR agreement; and (b) a record kept under a condition of an AWA if a certificate under regulation 131PA applies to the AWA. 131R Offences (1) Nothing in this Division makes the Crown in right of the Commonwealth, a State or a Territory liable to prosecution. (2) An Division 2 Employees under employment agreements (Part XV of Act) 131S Interpretation Unless the contrary intention appears, expressions that are used in this Division and in Part XV of the Act have the same respective meaning in this Division as in that Part. 131T Records relating to employees (Act, section 353A) (1) An employer who employs an employee under an employment agreement must keep a record of: (a) the employee’s name, classification, the applicable employment agreement and the pay received by the employee; and (b) if the employee is under 21 years of age — his or her age; and (c) all deductions made from the employee’s pay and the reasons for each deduction; and (d) the employee’s daily starting and finishing times; and (e) any leave taken by the employee (whether paid, partly paid or unpaid); and (f) any superannuation contributions made by or on behalf of the employee; and (g) any other matter in relation to which the employer is required by these Regulations to keep a record. (2) The employer must retain a record for 7 years after the last entry in it was made. Penalty: 10 penalty units. 131TA Form of record (1) A record relating to an employee to which this Division applies must be in a condition that enables an inspector to determine whether the employee’s conditions of employment are being complied with. (2) The record must be: (a) in a legible form in the English language; or (b) in a form that is readily accessible, and is convertible into a legible form in the English language. 131TB Alteration and correction of records (1) Subject to subregulation (2) or (3), an employer must not: (a) alter a record mentioned in regulation 131T; or (b) allow a record mentioned in regulation 131T to be altered. Penalty: 10 penalty units. (2) An employer must correct any error in a record as soon as pr Penalty: 10 penalty units. (3) An employer who corrects an error in a record must record the nature of the error with the correction. Penalty: 10 penalty units. 131TC Inspection and copying of records (1) An employer must make a copy of a record available, in accordance with subregulations (2) and (3), on request by: (a) the employee, or the former employee, to whom the record relates; or (b) an inspector. Penalty: 10 penalty units. (2) The employer must make the copy available in a legible form in the English language to the person making the request, for inspection and copying. (3) The employer must make the copy available: (a) if the record is kept at the premises where the employee works or, in the case of a former employee, where the former employee last worked for the employer — at once at those premises; or (b) in any other case — within 14 days: (i) at those premises; or (ii) at other premises within 25 kilometres of those premises; or (iii) at premises agreed between the employer and the person making the request. 131TD Information concerning records (1) An employer to whom a request is made by a person under subregulation 131TC (1) must tell the person, on request, where records relating to an employee, or a class of employees, are kept. Penalty: 10 penalty units. (2) Strict liability applies in subregulation (1) to the f Note For strict liability, see section 6.1 of the Criminal Code. (3) The person may interview the employer, or a representative of the employer, at any time during ordinary working hours, about a record made or to be made by the employer. (4) The employer must give reasonable assistance to the person in the conduct of the interview. Penalty: 10 penalty units. 131U False or misleading entry (1) A person commits an offence if: (a) the person makes, or makes use of, an entry in any record required to be kept under this Division; and (b) the person does so knowing that the entry is false or misleading. Penalty: 10 penalty units. (2) Strict liability applies in subregulation (1) to the f Note For strict liability, see section 6.1 of the Criminal Code. 131UA Offences Nothing in this Division makes the Crown in right of the Commonwealth, a State or a Territory liable to prosecution. Division 3 Employees in 131V Application of Division 3 For section 514 of the Act, this Division applies to the employer of an employee in (a) an award; (b) a certified agreement; (c) an AWA; (d) an employment agreement; (e) an old IR agreement. 131VA Records relating to employees — section 514 of the Act (1) For subsection 514 (2) of the Act, the employer of an employee must make a record in relation to the employee in accordance with this Division. Penalty: 10 penalty units. (2) Strict liability applies in subregulation (1) to the f Note For strict liability, see section 6.1 of the Criminal Code. (3) Subject to regulation 131VN, an employer must keep an entry in a record: (a) in the case of a particular of a kind mentioned in regulation 131VC or paragraph 131VG (1) (e) — for a continuous period of 7 years starting on the earlier of: (i) the date on which entry is changed; or (ii) the date on which employee’s employment with the employer is terminated; or (b) in any other case — for a continuous period of 7 years after the date on which the entry is made. Penalty: 10 penalty units. (4) Strict liability applies in paragraph (3) (a) to the f Note For strict liability, see section 6.1 of the Criminal Code. 131VB Form of record (1) A record relating to an employee to which this Division applies must be in a condition that enables an inspector to determine whether the employee’s conditions of employment are being complied with. (2) The record must be: (a) in a legible form in the English language; or (b) in a form that is readily accessible, and is convertible into a legible form in the English language. 131VC Contents of record — general The record must state the following particulars: (a) the employer’s name; (b) the employee’s name; (c) the employee’s date of birth as provided by the employee; (d) the employee’s work classification and declared industry sector (if any); Note The terms declared industry sector and work classification are defined in section 489 of the Act. (e) whether the employee’s employment is: (i) full-time; or (ii) part-time; (f) whether the employee’s employment is: (i) permanent; or (ii) temporary; or (iii) casual; (g) the date on which the employee’s employment began. 131VD Contents of record — overtime If overtime may be paid to the employee, the record must state: (a) the number of hours worked by the employee during each day; and (b) when the employee started and ceased work. 131VE Contents of record — remuneration The record must state the rate of remuneration at which the employee is paid, including the gross and net amounts paid, and the deductions made from that remuneration. 131VF Contents of record — leave If the employee is entitled to leave of any kind, the record must include details of: (a) the leave taken by the employee; and (b) the employee’s entitlement from time to time to that leave; and (c) accrual of leave. 131VG Contents of record — superannuation contributions (1) If the employer makes superannuation contributions for the employee’s benefit, the record must state: (a) the amount of the contributions made; and (b) the period for which the contributions were made; and (c) when the contributions were made; and (d) the name of each fund to which the contributions were made; and (e) the basis on which the employer became liable to make the contributions, including: (i) whether any election was made as to the fund to which contributions are to be made; and (ii) the date of any relevant election; and (iii) the name of the person who made each relevant election. (2) If a record states that an election was made, the record must include a copy, or details of the election. (3) In paragraphs (1) (a), (b) and (c): contributions does not include contributions to a defined benefit superannuation fund within the meaning of the Occupational Superannuation Standards Regulations. 131VH Contents of record — termination of employment If the employee’s employment is terminated, the record must state: (a) whether the employment was terminated: (i) by consent; or (ii) by notice; or (iii) summarily; or (iv) in another manner, specifying the manner; and (b) the name of the person who 131VJ Alteration and correction of records (1) Subject to subregulation (2) or (3), an employer must not alter a record, or allow a record to be altered. Penalty: 10 penalty units. (2) An employer must correct any error in a record as soon as the employer becomes aware of the error. Penalty: 10 penalty units. (3) An employer who corrects an error in a record must record the nature of the error with the correction. Penalty: 10 penalty units. 131VK False or misleading entry (1) A person commits an offence if: (a) the person makes, or makes use of, an entry in a record required to be kept under this Division; and (b) the person does so knowing that the entry is false or misleading. Penalty: 10 penalty units. (2) Strict liability applies in subregulation (1) to the f Note For strict liability, see section 6.1 of the Criminal Code. 131VL Inspection and copying of records (1) An employer must make a copy of a record available, in accordance with subregulations (2) and (3), on request by: (a) the employee, or the former employee, to whom the record relates; or (b) an inspector. Penalty: 10 penalty units. Note The powers that an inspector may exercise under this regulation are set out in section 86 of the Act. (2) The employer must make the copy available in a legible form in the English language to the person making the request, for inspection and copying. (3) The employer must make the copy available: (a) if the record is kept at the premises where the employee works or, in the case of a former employee, where the former employee last worked for the employer — at once at those premises; or (b) in any other case — within 14 days: (i) at those premises; or (ii) at other premises within 25 kilometres of those premises; or (iii) at premises agreed between the employer and the person making the request. 131VM Information concerning records (1) An employer to whom a request is made by a person under subregulation 131VL (1) must tell the person, on request, where records relating to an employee, or a class of employees, are kept. Penalty: 10 penalty units. (2) Strict liability applies in subregulation (1) to the f Note For strict liability, see section 6.1 of the Criminal Code. (3) The person may interview the employer, or a representative of the employer, at any time during ordinary working hours, about a record made or to be made by the employer. (4) The employer must give reasonable assistance to the person in the conduct of the interview. Penalty: 10 penalty units. 131VN Transfer and assignment of business (1) This regulation applies if an employer (the former employer) transfers or assigns the business or a part of the business in which the employee is employed and the employee becomes an employee of the transferee or assignee (the new employer). (2) Subject to subregulation (4), the former employer must transfer to the new employer all records concerning the employee that, at the date of transfer or assignment, the former employer is required to keep under regulation 131VA. Penalty: 10 penalty units. (3) Strict liability applies in subregulation (2) to the f Note For strict liability, see section 6.1 of the Criminal Code. (4) If the former employer is a Commonwealth authority, the former employer must transfer to the new employer a copy of all records concerning the employee that, at the date of transfer or assignment, the former employer is required to keep under regulation 131VA. (5) The new employer who receives transferred records must keep the transferred records as if they had been made by the new employer at the time they were made by the former employer. Penalty: 10 penalty units. (6) The new employer is not required to make records of anything occurring in the course of an employee’s employment with the former employer. 131VO Offences (1) Nothing in this Division makes the Crown in right of the Commonwealth, a State or a Territory liable to prosecution. (2) An Division 4 Contr 131W Application of Division 4 For section 549 of the Act, this Division applies to a person (a record keeper) who: (a) is a party to a contr (b) is obliged to pay for work to which that subsection applies (contr 131WA Outworker records relating to contr (1) A record keeper must make an outworker record in relation to contr Penalty: 10 penalty units. (2) Strict liability applies in subregulation (1) to the f Note For strict liability, see section 6.1 of the Criminal Code. (3) Subject to regulation 131WJ, a record keeper must keep an entry in a record for a continuous period of 7 years after the latest of the following dates: (a) the date on which the entry is made; (b) the date on which the entry is changed; (c) the date on which payment is made to the outworker for the contr Penalty: 10 penalty units. 131WB Form of outworker record (1) An outworker record relating to contr (2) The outworker record must be: (a) in a legible form in the English language; or (b) in a form that is readily accessible, and is convertible into a legible form in the English language. 131WC Contents of outworker record — general An outworker record must contain the following particulars: (a) the name of the record keeper; (b) the name of the contr (c) if any of the contr (d) details of the contr (e) details of the contr (f) the date on which the contr 131WD Contents of outworker record — remuneration |
The outworker record relating to the contr (a) the contr (b) the rate or basis at which the price for the work is determined; and (c) if the record keeper knows the hours worked in relation to the work — the hours worked; and (d) payments made for the work. 131WE Alteration and correction of outworker records (1) Subject to subregulation (2) or (3), a record keeper must not alter an outworker record, or allow an outworker record to be altered. Penalty: 10 penalty units. (2) A record keeper must correct any error in an outworker record as soon as the record keeper becomes aware of the error. Penalty: 10 penalty units. (3) A record keeper who corrects an error in an outworker record must record the nature of the error with the correction. Penalty: 10 penalty units. 131WF False or misleading entry (1) A person commits an offence if: (a) the person makes, or makes use of, an entry in any outworker record required to be kept under this Division; and (b) the person does so knowing that the entry is false or misleading. Penalty: 10 penalty units. (2) Strict liability applies in subregulation (1) to the f Note For strict liability, see section 6.1 of the Criminal Code. 131WG Inspection and copying of outworker records (1) A record keeper must make a copy of an outworker record available, in accordance with subregulations (2) and (3), on request by: (a) the contr (b) an inspector. Penalty: 10 penalty units. Note The powers that an inspector may exercise under this regulation are set out in section 542 of the Act. (2) The record keeper must make the copy available in a legible form in the English language to the person making the request, for inspection and copying. (3) The record keeper must make the copy available: (a) if the outworker record is kept at the premises occupied by the record keeper at the time the contr (b) in any other case — within 14 days: (i) at those premises; or (ii) at other premises within 25 kilometres of those premises; or (iii) at premises agreed between the record keeper and the person making the request. 131WH Information concerning outworker records (1) A record keeper to whom a request is made by a person under subregulation 131WG (1) must tell the person, on request, where outworker records relating to the contr Penalty: 10 penalty units. (2) Strict liability applies in subregulation (1) to the f Note For strict liability, see section 6.1 of the Criminal Code. (3) The person may interview the record keeper, or a representative of the record keeper, at any time during ordinary working hours, about an outworker record made or to be made by the record keeper. (4) The record keeper must give reasonable assistance to the person in the conduct of the interview. Penalty: 10 penalty units. 131WJ Transfer and assignment of business (1) This regulation applies if: (a) a record keeper (the former record keeper) transfers or assigns the business or a part of the business for which contr (b) after the transfer or assignment, the contr (2) Subject to subregulation (3), the former record keeper must transfer to the new record keeper all outworker records concerning the contr Penalty: 10 penalty units. (3) If the former record keeper is a Commonwealth authority, the former record keeper must transfer to the new record keeper a copy of all outworker records concerning the contr (4) The new record keeper who receives transferred outworker records must keep the transferred outworker records as if they had been made by the new record keeper at the time they were made by the former record keeper. Penalty: 10 penalty units. (5) The new record keeper is not required to make outworker records of contr 131WK Offences (1) Nothing in this Division makes the Crown in right of the Commonwealth, a State or a Territory liable to prosecution. (2) An Part 9B Pay slips Division 1 Employees under awards etc 132A Pay slips — subsection 353A (2) of the Act (1) Subject to subregulation (1A), an employer who employs an employee under an award, a certified agreement, an AWA or an old IR agreement must issue to the employee a written pay slip relating to each payment by the employer of an amount to the employee as remuneration within 1 day of the payment to which the pay slip relates being made to the employee. (1A) Subregulation (1) does not apply if: (a) a certificate under regulation 132C applies in relation to the award, certified agreement or old IR agreement under which the employer employs the employee; or (b) a certificate under regulation 132CA applies in relation to the AWA under which the employer employs the employee. (2) The employer must include on a pay slip particulars specified in regulation 132B. Penalty: $1,000. (3) Strict liability applies to the physical element in subregulation (2) that the particulars are specified in regulation 132B. Note For strict liability, see section 6.1 of the Criminal Code. 132B Contents of pay slips (1) For the purposes of subregulation 132A (2), the following particulars are specified: (a) the name of the employee; (b) the classification of the employee in accordance with the award, AWA, certified agreement or old IR agreement under which he or she is employed; (c) the date on which the payment to which the pay slip relates is made; (d) the period of days to which that payment relates; (e) if the employee is paid at an hourly rate of remuneration: (i) the ordinary hourly rate; and (ii) the number of hours in that period for which the employee was employed at that rate; and (iii) the amount of the payment made at that rate; (f) if the employee is paid at another hourly rate of remuneration in addition to the ordinary hourly rate: (i) that other rate, or those other rates, of remuneration; and (ii) the number of hours in the period for which the employee was employed at the other rate or rates; and (iii) the amount of the payment made at the other rate or rates; (g) if the employee is paid at an annual rate of remuneration — that rate as at the latest date to which the payment relates; (h) the gross amount of the payment; (i) the net amount of the payment; (j) any amount included in the net amount of the payment that is by way of an allowance; (k) the following details of each amount deducted from the gross amount of the payment: (i) the purpose of each deduction; or (ii) the name, or the name and number, of the fund or account into which the amount of the deduction was paid; (l) if the award, AWA, certified agreement or old IR agreement provides for superannuation contributions to be made by the employer for the benefit of the employee: (i) the amount of each contribution made for the benefit of the employee during the period to which the pay slip relates; and (ii) the name of the fund to which that contribution was made. (2) In subparagraphs (1) (l) (i) and (ii): contributions does not include contributions to a defined benefit superannuation fund within the meaning of the Occupational Superannuation Standards Regulations. 132C Award provisions relating to pay slips (1) The Commission may issue a certificate stating that an award, a certified agreement or an old IR agreement complies with this Part if the Commission is satisfied that the award, certified agreement or old IR agreement requires: (a) a pay slip to be issued with, or as soon as pr (b) the issue of pay slips that are reasonably comparable to pay slips containing particulars specified in regulation 132B. (2) The Commission may issue a certificate: (a) on its own motion; or (b) at the request of an employer who employs an employee under the award, certified agreement or old IR agreement. (3) A certificate applies to an award, a certified agreement or an old IR agreement only if the employer issues pay slips in accordance with that award, certified agreement or old IR agreement. (4) In this regulation, award, in relation to the Commonwealth or a State or Territory or to an authority of the Commonwealth or of a State or Territory, is taken to include: (a) a law of the Commonwealth or of a State or Territory relating to conditions of employment by the Commonwealth or the State or Territory or by a Commonwealth, State or Territory authority; and (b) administrative or industrial arrangements and pr 132CA AWA provisions relating to pay slips (1) The Employment Advocate may issue a certificate stating that an AWA complies with this Part if the Employment Advocate is satisfied that the AWA requires: (a) a pay slip to be issued with, or as soon as pr (b) the issue of pay slips that are reasonably comparable to pay slips containing particulars specified in regulation 132B. (2) The Employment Advocate may issue a certificate: (a) on his or her own motion; or (b) at the request of an employer who employs an employee under the AWA. (3) A certificate applies to an AWA only if the employer issues pay slips in accordance with the AWA. (4) The issue by the Employment Advocate of a certificate under subregulation (1) is a prescribed function for the purposes of paragraph 83BB (1) (j) of the Act. 132D Offences (1) Nothing in this Part makes the Crown in right of the Commonwealth, a State or a Territory liable for prosecution. (2) An Division 2 Employees in Victoria not under awards etc 132E Pay slips (Act, section 514) (1) An employer who employs, as an employee in Victoria, a person who is not employed under an award, a certified agreement, an AWA or an old IR agreement must give to the employee a written payslip in accordance with subregulation (2) at the time of giving the employee his or her pay. Penalty: 10 penalty units. (2) A pay slip must set out details of: (a) the date of payment; and (b) the period covered by the payment; and (c) the number of hours or days worked by the employee during that period; and (d) all deductions made from the employee’s gross pay; and (e) any superannuation contributions made on the employee’s behalf; and (f) the employee’s gross pay and the amount (g) how the amount paid is made up. Penalty: 10 penalty units. Part 9C Matters referred by Victoria 132F Prescribed laws (Act, subsection 493 (2)) For the purposes of subsection 493 (2) of the Act, the following laws of (a) the Police Regulation Act 1958; (b) all regulations, standing orders and instructions made or issued under that Act. 132G Application for order (Act, subsection 533 (1)) For the purposes of paragraph 533 (3) (c) of the Act, an inspector is a prescribed person. Part X Miscellaneous 132 Custody and use of seals of the Industrial Registry (1) The seal referred to in subsection 65 (1) of the Act, and the duplicate of the seal kept at each registry in accordance with subsection 65 (2) of the Act, shall be kept in such custody as the Industrial (2) The seal referred to in subsection 65 (1) of the Act, and a duplicate referred to in subsection 65 (2) of the Act, shall be used in accordance with the directions of the Industrial 133 Power of Commission to waive procedural requirements and effect of non-compliance (1) Subject to the Act, the Commission may, in relation to any proceeding before the Commission, in special circumstances, and either absolutely or subject to conditions, exempt any person from compliance with any procedural requirement of these Regulations. (2) Subject to the Act, non-compliance with any of these Regulations shall not render void any proceedings before the Commission but the proceedings may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and upon such terms as the Commission thinks fit. 134 Certain applications under subsection 111 (1) (1) In a proceeding before the Commission in relation to an industrial dispute: (a) a party to the dispute; (b) the Attorney-General of a State; or (c) an Association (whether a party to the dispute or not) may apply to the Commission for a decision that it dismiss a matter or part of a matter, or refrain from further hearing or from determining the dispute or part of the dispute on the ground that the dispute or part has been dealt with, is being dealt with or is proper to be dealt with by a State industrial authority. (2) Where an application is made under subregulation (1), the Commission shall hear the applicant and such parties as have an interest in the application. (3) In this regulation, Association means any trade or other union, or branch of any union, or any association or body composed of or representative of employers or employees, or for furthering or protecting the interests of employers or employees. 135 General powers of (1) For the purpose of giving effect to the Act, the (a) to require a person, by summons served on the person, to appear before the (i) to give evidence; and (ii) to produce such books, documents or things as are referred to in the summons for inspection by the (b) to take evidence on oath; (c) to adjourn any matter or hearing; (d) to amend or give leave to amend any application, notice or other document; (e) to extend the time fixed by these Regulations for the lodging of any document or the doing of any (f) to give directions to any party in relation to the service of documents and the manner of service of documents; and (g) to order any party to pay any other party such reasonable sum for costs as he or she thinks just. (2) A person must not refuse or fail to comply with a summons served on him or her for the purposes of paragraph (1) (a). Penalty: 5 penalty units. (2A) Strict liability applies in subregulation (2) to the physical element of failing to comply. Note For strict liability, see section 6.1 of the Criminal Code. (2B) It is a defence to a prosecution for an offence against subregulation (2) if the person had a reasonable excuse. Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (2B) (see section 6.1 of the Criminal Code). (3) Where any power is exercised under subregulation (1) on the application of a party, it may be exercised on such terms, as to payment of fees and costs and otherwise, as the 136 Signing of documents etc on behalf of persons, organisations etc Subject to the Act, if any document is required by the Act or these Regulations to be taken out, made or signed or may be taken out, made or signed, or any step is required to be taken or may be taken by any person, organisation, branch, company or committee of management, in relation to any application or proceeding with which the (a) in the case of a person — by that person or by any other person authorised by him in writing; (b) in the case of an organisation or branch — by a person authorised by, or in accordance with the rules of, the organisation or branch; (c) in the case of a company not being an organisation — by an officer or person duly authorised under the seal of the company to represent it under the Act, or in the proceedings; and (d) in the case of a committee of management of an organisation or branch — by a person authorised by the committee. 137 Payment of unclaimed moneys to Commonwealth An employer who desires to pay an amount of money to the Commonwealth in accordance with section 180 of the Act may pay the amount to an officer of the Department of Employment and Workplace Relations who is a Collector of Public Moneys. 138 Ballots conducted by the Australian Electoral Commission — no unauthorised (1) If a secret ballot is conducted by the Australian Electoral Commission under the Act, a person other than the person conducting the ballot must not do, or purport to do, any Penalty: 10 penalty units. (2) Strict liability applies to the physical element in subregulation (1) that the ballot is conducted under the Act. Note For strict liability, see section 6.1 of the Criminal Code. (3) It is a defence to a prosecution for an offence against subregulation (1) if the person was authorised or directed by the person conducting the ballot to do the Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see section 13.3 of the Criminal Code). 139 No No (a) against the Commonwealth or an electoral official conducting, on behalf of the Australian Electoral Commission, a ballot under the Act in relation to the printing or issuing of a document or other material by the electoral official; or (b) if the document or other material mentioned in paragraph (a) is printed by another person — against that person, in relation to the printing. 140 Information and copies of documents to be given to Minister (Act s 48A) (1) For subsection 48A (1) of the Act: (a) information of the kind mentioned in Schedule 12 is prescribed; and (b) copies of documents of the kinds mentioned in Schedule 12 are prescribed. (2) For subsection 48A (2) of the Act: (a) the information, and the copies of documents, mentioned in Part 1 of Schedule 12 must be given to the Minister in electronic form, in accordance with any particular information technology requirements notified to the President by the Secretary, by the time mentioned in the Part for the information or the copies; and (b) the copies of documents mentioned in Part 2 of Schedule 12 must be given to the Minister in paper form by the time mentioned in the Part for the copies. (3) Paragraph (2) (a) does not prevent the President from including other relevant information with information given to the Minister in electronic form. Note Information prescribed in Part 1 of Schedule 12 is minimum information only. (4) For subsection 48A (2) of the Act: (a) information, and copies of documents, that must be given to the Minister in electronic form must be sent to the e-mail address notified to the President by the Secretary for this paragraph; and (b) copies of documents that must be given to the Minister in paper form must be posted to the address notified to the President by the Secretary for this paragraph; and (c) the President must ensure that: (i) all copies of documents that are to be given to the Minister in paper form during a week are given at the same time in that week; and (ii) all information, or copies of documents, of a particular kind that are to be given to the Minister in electronic form during a week are given at the same time in that week. Schedule 1 (regulation 2) Form 1A Identity card — authorised officer (regulation 8A) COMMONWEALTH OF Workplace Relations Act 1996 IDENTITY CARD — AUTHORISED OFFICER I, *the Employment Advocate/ whose photograph and signature appear on this card is an authorised officer for the purposes of the Act. .................................................. Dated 19 . ............................................... *Omit if inapplicable. Form 1 Inspector’s identity card (regulation 10) COMMONWEALTH OF Workplace Relations Act 1996 INSPECTOR’S IDENTITY CARD Pursuant to subsection 85 (1) of the Workplace Relations Act 1996 I, *Minister for Employment and Workplace Relations,/ *a person to whom the Minister for Employment and Workplace Relations has delegated his (or her) powers under that subsection,/ hereby certify that whose photograph and signature appear on this document is an inspector for the purposes of that Act. .............................................. Dated 19 . ............................................... *Omit if inapplicable. Form 13 Permit to enter and inspect premises (regulation 109B) Workplace Relations Act 1996 PERMIT TO ENTER AND INSPECT PREMISES This permit is issued to (name), an officer/employee* of (name of organisation or branch). The holder of this permit is entitled, while the permit is in force, to exercise the powers and functions given to the holder of this permit by Part IX of the Workplace Relations Act 1996. The permit remains in force for 3 years from and including the date of this permit, unless, before the end of that period, it is revoked or the person named in the permit ceases to be an officer or employee of the organisation or branch named in the permit, whichever occurs first. Dated 19 *Deputy/Industrial *Omit if not applicable [NOTE: This permit must be returned to the Form 14 Notice of proposed terminations (regulation 30CE) Workplace Relations Act 1996 NOTICE OF PROPOSED TERMINATIONS TO: CENTRELINK I, (full name of employer or person completing notice on behalf of employer), the (position held) of (name of employer of person completing notice), give notice under section 170CL of the Workplace Relations Act 1996, that (name of employer) proposes to terminate the employment of 15 or more of its employees, for the following reasons: (Set out reasons for proposed terminations. Reasons may be of an economic, technological, structural or similar nature, or for reasons including such reasons) The number and categories of employees likely to be affected by the proposal are: (Set out the categories and number per category) It is intended that (name of employer) will carry out the proposed terminations at the following time/s, or over the following period/s of time: (Provide specific dates if known, or approximate period of time) Dated …………………………………… Signature …………………………………… Position Schedule 2 Persons and bodies prescribed for the purposes of the definition of employing authority in subsection 4 (1) of the Act (regulations 3 and 7)
Schedule 3 Commonwealth authorities (definition of public sector employment) (paragraph 4 (2) (c)) Aerospace Technologies of Australia Pty Ltd AIDC Ltd ANL Limited Australian Airlines Limited Australian Defence Industries Ltd Australian National Railways Commission Australian Overseas Telecommunications Corporation Australian Postal Corporation Civil Aviation Authority Commonwealth Funds Management Limited Federal Airports Corporation Qantas Airways Limited Schedule 4 (regulation 20) Part I Commonwealth authorities (prescribed class of public sector employment) Aboriginal Hostels Limited ACTEW Corporation Limited Australian Industrial Development Corporation Australian Maritime College Canberra Theatre Trust Federal Airports Corporation Health Insurance Commission Pipeline Authority Reserve Bank of The Part II Aboriginal Sacred Sites Protection Authority Agricultural Development and Marketing Authority Katherine Town Council Litchfield Shire Council Nhulunbuy Corporation Limited Palmerston Town Council Police Force of the Territory Insurance Office Trade Development Zone Authority University of the Schedule 5 Schedule of costs (regulation 30BG) Part 1 Instructions
Part 2 Documents
Part 3 Drawing
Part 4 Writing or typing legal letters
Part 5 Copies
Part 6 Perusal and scanning
Part 7 Examination
Part 8 Letters
Part 9 Service
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Part 10 Preparation of appeal books
Part 11 Attendances
Part 12 General care and conduct
Part 13 Fees for Counsel for solicitor appearing as Counsel
Part 14 Witnesses’ expenses
Part 15 Disbursements
Schedule 6 Modifications of Part VIB, and other provisions, of the Act as applied as a law of a State (regulation 30ZF) Part 1 Mandatory modifications (subregulation 30ZF (1)) 601. Section 170LH (What this Division covers) 601.1 Omit ‘who are constitutional corporations or the Commonwealth’, substitute ‘other than constitutional corporations or the Commonwealth’. 602. Section 170LI (Nature of agreement) 602.1 Paragraph 170LI (1) (a): Omit the paragraph, substitute: ‘(a) an employer other than a constitutional corporation or the Commonwealth; and’. 603. Division 3 (Making agreements about industrial disputes and industrial situations) 603.1 Omit the Division. Part 2 Permitted modifications (subregulation 30ZF (2)) 651. Division 2 (Making agreements with constitutional corporations or the Commonwealth) 651.1 Heading: Omit the heading, substitute: ‘Division 2 — Making agreements with employers other than constitutional corporations or the Commonwealth’. 652. Section 170LH (What this Division covers) 652.1 Paragraph 170LH (b): Omit the paragraph, substitute: ‘(b) employees any of whose terms and conditions are governed by: (i) an award, a certified agreement or an AWA under this Act in its operation as a law of the Commonwealth; or (ii) an old IR agreement (within the meaning of regulation 2 of the Workplace Relations Regulations of the Commonwealth).’. 653. Section 170LI (Nature of agreement) 653.1 Add at the end: ‘(3) In this section: persons means persons any of whose terms and conditions are governed by: (a) an award, a certified agreement or an AWA under this Act in its operation as a law of the Commonwealth; or (b) an old IR agreement (within the meaning of regulation 2 of the Workplace Relations Regulations of the Commonwealth).’. 654. Section 170MB (Successor employers bound) 654.1 Paragraph 170MB (1) (b): Omit the paragraph, substitute: ‘(b) at a later time, a new employer;’. 654.2 After subsection 170MB (1), insert: ‘(1A)If: (a) an employer that is a Commonwealth-law employer within the meaning of subsection (1B) is bound by an agreement that, under this Act in its operation as a law of the Commonwealth, is a certified agreement (the certified agreement); and (b) the application for certification for the certified agreement stated that it was made under Division 2 of Part VIB in its operation as a law of the Commonwealth; and (c) at a later time, a new employer that is not a Commonwealth-law employer within the meaning of subsection (1B) becomes the successor, transmittee or assignee (whether immediate or not) of the whole or a part of the business concerned; then, from the later time: (d) the new employer is bound by the certified agreement (to the extent that it relates to the whole or the part of the business), as if: (i) that agreement had been certified under Division 4; and (ii) the new employer became bound by that agreement under subsection (1); and (e) the previous employer is not bound by that agreement, to the extent that it relates to the whole or the part of the business; and (f) a reference in this Part to the employer includes a reference to the new employer, and does not include the previous employer, to the extent that the context relates to the whole or the part of the business. ‘(1B) For subsection (1A), an employer is a Commonwealth-law employer if the employer: (a) is a constitutional corporation; or (b) is the Commonwealth; or (c) carries on a single business or part of a single business in a Territory; or (d) is a waterside employer who employs waterside workers in a single business or part of a single business of the employer; or (e) employs maritime employees in a single business or part of a single business of the employer; or (f) is a flight crew officer’s employer who employs flight crew officers in a single business or part of a single business of the employer.’. 654.3 Subsection 170MB (2): Omit ‘Subsection (1) does not’, substitute ‘Subsections (1) and (1A) do not’. 655. Section 170NE (Eligible court) 655.1 Paragraph 170NE (a): Omit the paragraph. 656. Section 178 (Imposition and recovery of penalties) 656.1 Add at the end: ‘(10) Despite the provisions of this section, the Court does not have the power to impose a penalty or to hear a claim relating to a breach, or an alleged breach, of a certified agreement made under this Act.’. Schedule 8 Prescribed provision relating to discrimination (subregulation 30ZI (1)) The parties to this AWA agree that: (a) it is their intention to achieve the principal object in paragraph 3 (j) of the Workplace Relations Act 1996, which is to respect and value the diversity of the work force by helping to prevent and eliminate discrimination at their enterprise on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extr (b) any dispute concerning these provisions and their operation will be progressed initially under the dispute resolution procedure in this AWA; and (c) nothing in these provisions allows any treatment that would otherwise be prohibited by anti-discrimination 7provisions in applicable Commonwealth, State or Territory legislation; and (d) nothing in these provisions prohibits: (i) where the AWA is approved before (ii) any discriminatory conduct (or conduct having a discriminatory effect) that is based on the inherent requirements of a particular position; or (iii) any discriminatory conduct (or conduct having a discriminatory effect) if: (A) the employee is a member of staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed; and (B) the conduct was in good faith to avoid injury to the religious susceptibilities of that religion or creed. Schedule 9 Prescribed model dispute resolution procedure (subregulation 30ZI (2)) In relation to any matter that may be in dispute between the parties to this AWA (the matter), the parties: (a) will attempt to resolve the matter at the workplace level, including, but not limited to: (i) the employee and his or her supervisor meeting and conferring on the matter; and (ii) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and (b) acknowledge the right of either party to appoint, in writing, another person to (c) agree to allow either party to refer the matter to mediation if the matter cannot be resolved at the workplace level; and (d) agree that if either party refers the matter to mediation, both parties will participate in the mediation process in good faith; and (e) acknowledge the right of either party to appoint, in writing, another person to (f) agree that during the time when the parties attempt to resolve the matter: (i) the parties continue to work in accordance with their contr (ii) subject to relevant provisions of any State or Territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform; and (iii) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and (g) agree not to commence an (i) to obtain a penalty under section 170VV of the Act; or (ii) to obtain damages for breach of the AWA; or (iii) to enforce a provision of the AWA or Part VID of the Act (other than an unless: (iv) the party initiating the (v) either: (A) a period of 7 days has expired from the date when the party initiating the (B) mediation was requested by either party and that mediation has been completed. Schedule 11 Modifications of Part VID of the Act as applied as a law of a State (regulation 30ZN) Part 1 Mandatory modifications (subregulation 30ZN (1)) 1101. Section 170VC (Scope of this Part) 1101.1 Omit ‘unless at least one’, substitute ‘if any’. Part 2 Permitted modifications (subregulation 30ZN (2)) 1151. Section 170VA (Interpretation) 1151.1 Definition of eligible court (paragraph (a)): Omit the paragraph. 1152. Section 170VC (Scope of this Part) 1152.1 Add at the end: ‘; (g) none of the employee’s terms and conditions of employment are governed by: (i) an award, a certified agreement or an AWA under this Act in its operation as a law of the Commonwealth; or (ii) an old IR agreement (within the meaning of regulation 2 of the Workplace Relations Regulations of the Commonwealth);’. 1152.2 Add at the end: ‘(h) the employee is employed in one of the following: (i) a department, or part of a department, of the State; (ii) a public service office, or part of a public service office, of the State; (iii) an agency, authority, commission, corporation, instrumentality, office or other entity established under a State Act or under State authorisation for a public or State purpose; (iv) a part of an entity mentioned in subparagraph (iii); (v) a court of the State of any jurisdiction; (vi) a registry or other administrative office of a court of the State of any jurisdiction; (vii) any parliamentary service of the State; (viii) the Governor’s official household and its associated administrative unit; (ix) the police service of the State.’. 1153. Section 170VS (AWA binds employer’s successor) 1153.1 Subsection 170VS (1): Omit the subsection, substitute: ‘(1)If an employee who is a party to an AWA becomes an employee of a new employer because the new employer is a successor to the whole or any part of the previous employer’s business or undertaking, then the new employer replaces the previous employer as a party to the AWA from the succession time.’. 1153.2 After subsection 170VS (1), insert: ‘(1A)Despite subsection (1), a new employer will not become bound by an AWA if the new employer employs the employee in one of the following: (a) a department, or part of a department, of the State; (b) a public service office, or part of a public service office, of the State; (c) an agency, authority, commission, corporation, instrumentality, office or other entity established under a State Act or under State authorisation for a public or State purpose; (d) a part of an entity mentioned in paragraph (c); (e) a court of the State of any jurisdiction; (f) a registry or other administrative office of a court of the State of any jurisdiction; (g) any parliamentary service of the State; (h) the Governor’s official household and its associated administrative unit; (i) the police service of the State.’. 1153.3 Before subsection 170VS (2), insert: ‘(1B)If: (a) an employee is a party to an agreement that, under this Act in its operation as a law of the Commonwealth, is an AWA (the AWA); and (b) the employee becomes an employee of a new employer because the new employer is a successor to the whole or any part of the previous employer’s business or undertaking; and (c) at the succession time, none of the following apply: (i) the new employer is a constitutional corporation; (ii) the new employer is the Commonwealth; (iii) the employee’s primary workplace is in a Territory; (iv) the new employer is a waterside employer, the employee is a waterside worker and the employee’s employment is in connection with constitutional trade or commerce; (v) the employee is a maritime employee and the employee’s employment is in connection with constitutional trade or commerce; (vi) the employee is a flight crew officer and the employee’s employment is in connection with constitutional trade or commerce; then the new employer is taken to be a party to the AWA as if: (d) the AWA had been approved under this Part; and (e) from the succession time, the new employer replaced the previous employer as a party to the AWA under subsection (1).’. Schedule 12 Information and copies of documents to be given to Minister (regulation 140) Part 1 Copies and information in electronic form
Part 2 Copies of documents in paper form
Notes to the Workplace Relations Regulations 1996 Note 1 The Workplace Relations Regulations 1996 (in force under the Workplace Relations Act 1996) as shown in this compilation comprise Statutory Rules 1989 No. 12 amended as indicated in the Tables below. The Workplace Relations Regulations 1996 were amended by the Workplace Relations Amendment (Fair Termination) Act 2003 (Act No. 104, 2003). The amendments have been incorporated in this compilation. For application, saving or transitional provisions relating to the amendments see Schedule 1 (item 20) of the abovementioned Act. For all relevant information pertaining to application, saving or transitional provisions see Table A. Under the Legislative Instruments Act 2003, which came into force on Table of Instruments
(a) Regulation 1.1 provides as follows: 1.1 These Regulations commence on the date of commencement of item 20 of the Schedule to the Commonwealth Bank Item 20 commenced at the transfer time. The transfer time occurred on (b) Regulations 1.2 and 1.2A of Statutory Rules 1997 No. 48 as amended by Statutory Rules 1997 No. 56, provide as follows: 1.2Regulation 9 (except in so far as it inserts new regulation 30ZN) and regulation 17 (except in so far as it inserts new Schedule 11) commence on the same day as Schedule 10 to the Workplace Relations and Other Legislation Amendment Act 1996. Schedule 10 commenced on 1.2A Regulation 9 (in so far as it inserts new regulation 30ZN) and regulation 17 (in so far as it inserts new Schedule 11) commence on (c) Regulation 4 of Statutory Rules 1997 No. 101 was disallowed by the Senate on (d) Statutory Rules 1997 No. 314 was disallowed by the Senate on (e) Statutory Rules 1998 No. 338 was disallowed by the Senate on (f) Statutory Rules 1998 No. 353 was disallowed by the Senate on (g) Statutory Rules 2000 No. 121 was disallowed by the Senate on (h) Statutory Rules 2000 No. 328 was disallowed by the Senate on Table of Amendments
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Table A Application, saving or transitional provisions Statutory Rules 1993 No. 330 3 These regulations connected with the sale of SMEC 3.1 This Regulation is made for the purposes of subsection 39 (1) of the Snowy Mountains Engineering Corporation Limited 3.2 The Governor-General is satisfied that these Regulations are connected with the sale of SMEC. 3.3 These Regulations take effect on the sale day. 3.4 In this regulation, sale day and SMEC have the same meanings respectively as in the Snowy Mountains Engineering Corporation Limited Statutory Rules 1994 No. 79 11 Transitional provision — part-heard proceedings 11.1 Regulation 7 of the Industrial Relations Regulations and Schedule 1 to those Regulations, as in force immediately before the transition, continue to have effect in relation to a part-heard proceeding to which subsection 65 (3) of the Industrial Relations Reform Act 1993 applies as if these Regulations had not been enacted. 11.2 In subregulation 11.1: part-heard proceeding has the meaning given to it by section 65 of the Industrial Relations Reform Act 1993. transition has the meaning given to it by section 63 of that Act. 12 Transitional provision — certified agreements 12.1 Regulation 14A of the Industrial Relations Regulations, as in force immediately before the commencement day, continues to have effect in relation to an application for certification of an agreement to which subparagraph 35 (2) (c) (ii) of the Industrial Relations Reform Act 1993 applies as if these Regulations had not been enacted. 12.2 In subregulation 12.1 commencement day has the meaning given to it by subsection 35 (1) of the Industrial Relations Reform Act 1993. Statutory Rules 1997 No. 101 7 Application 7.1 The amendment of subregulation 30B (2) of the Workplace Relations Regulations made by these Regulations applies in relation to terminations of employment occurring on or after the date of commencement of these Regulations, even if the contract referred to in that subregulation was entered into before that date. Statutory Rules 1999 No. 205 4 Transitional The amendment made by item 2 of Schedule 1 applies in relation to an election the result of which is to be declared after the commencement of these Regulations. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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