Australian Industrial Relations Commission Amendment Rules 1999 (No. 1) 1999 No. 1
EXPLANATORY STATEMENT
STATUTORY RULES 1999 NO. 1
Amendment of the Australian Industrial Relations Commission Rules
(Issued by the Authority of the President of the Australian Industrial Relations Commission)
Authority
Section 48 of the Workplace Relations Act 1996 (the Act) authorises the making of the rules of the Australian Industrial Relations Commission (the Commission).
Under subsection 48(1) of the Act the President of the Commission by signed instrument, after consultation
with members of the Commission, may make rules, not inconsistent with the Act, with respect to:
(a) the practice and procedure to be followed in the Commission; or
(b) the conduct of business m the Commission; and. in particular:
(c) the manner in which, and the time within which, applications, submissions and objections may be made to the Commission; and
(d) the manner in which applications, submissions and objections maybe dealt with by the Commission.
Moreover, subsection 4(1) of the Act states:
"'prescribed' includes prescribed by Rules of the Commission made under section 48;"
Purpose
A number of amendments are necessary to reflect the making of Workplace Relations Amendment Regulations 1998 (No 2) and (No 3).
Details
The President of the Commission, after consultation with members of the Commission, has made amendments to the Rules to the following effect:
Rule 1 sets out the name of the Rules.
Rule 2 provides that these Rules commence on Gazettal.
Rule 3 is a formal provision, providing that the Australian Industrial Relations Commission Rules are amended as set out in those Rules.
Schedule 1
Item 1 sets out the name of the Rules.
Item 2 reflects the increase of the fee payable for lodgement of an application for relief in respect of termination of employment (Forms R18, R19 and R20) to $100 arising from the Workplace Relations Amendment Regulations 1998 (No 3).
Item 3 inserts two new jurisdictions grounds within Form R21 (Notice of Employer's Appearance) upon
which an employer may object to an application for termination in respect of termination of employment
The two new jurisdictional grounds reflect the exclusions arising from the Workplace Relations Amendment
Regulations 1998 (No 2).