Australian Industrial Relations Commission Amendment Rules 1999 (No. 3) 1999 No. 276
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 276
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 in 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 may be 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 have been made to improve the workings of the Rules.
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 is a formal provision stating the name of these 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 these Rules.
Schedule 1
Item l amends rule 29 to impose a requirement, in the interests of natural justice, on a notifier under section 166A of the Act to serve the notice on any officer or employee of an organisation of employees who is mentioned in the notice. Prior to the amendment, the notice was only required to be served on an organisation of employees even if the notice also mentioned an officer or employee of the organisation. The amendment imposes a similar obligation on the Registry when giving a copy of the notice endorsed with the time and date of its receipt in the Registry..
Item 2 modifies the application form for consent to the alteration of eligibility rules so as to remove the present requirement to set out the eligibility rules of the organisation as in force immediately before the alterations. Instead, the amendment requires that the eligibility rules be set out as if the application had been granted and the alterations to the rules were in force with the alterations highlighted using distinctive characters. Prior to the amendment, these notices have, on occasion, been of doubtful value to potential objectors as they did not clearly identify what the alterations were. It is expected that highlighting of the alterations will be of assistance to potential objectors.
Overview
The Australian Industrial Relations Commission Amendment Rules 1999 (No. 3) were introduced to address issues within the existing Australian Industrial Relations Commission Rules and enhance the efficiency and fairness of the industrial relations process. Enacted under the authority of the President of the Australian Industrial Relations Commission pursuant to section 48 of the Workplace Relations Act 1996, these rules aim to refine the practice and procedure of the Commission, particularly in relation to the manner and timing of applications, submissions, and objections. The primary policy objective behind these amendments is to ensure greater adherence to natural justice by requiring notices to be served on specific officers or employees of an organisation of employees, as well as to improve the clarity of application forms for altering eligibility rules, thereby facilitating better understanding and objection processes for those affected.
Scope and Application
The Australian Industrial Relations Commission Amendment Rules 1999 (No. 3) applies to the Australian Industrial Relations Commission and its practice and procedure, and are made under the authority of section 48 of the Workplace Relations Act 1996. These rules are intended to improve the workings of the Rules by amending the Australian Industrial Relations Commission Rules. The amendment, for example, requires a notifier under section 166A of the Act to serve the notice on any officer or employee of an organisation of employees who is mentioned in the notice. This amendment imposes a similar obligation on the Registry when giving a copy of the notice endorsed with the time and date of its receipt in the Registry. The rules apply nationally across Australia and there are no stated exclusions, exemptions or thresholds. The application and effect of the rules may be extended or restricted through subordinate instruments, however, such provisions are not detailed in the explanatory statement.
Key Provisions
The Australian Industrial Relations Commission Amendment Rules 1999 (No. 3) primarily amend existing rules to enhance the functioning and fairness of the Australian Industrial Relations Commission (section 48(1) of the Workplace Relations Act 1996). These amendments are intended to improve transparency and procedural fairness, particularly in relation to notices and applications submitted to the Commission. Rule 3 is a formal provision that specifies that the amendments are to the Australian Industrial Relations Commission Rules as outlined in the schedule. Schedule 1 of the Rules contains specific changes aimed at ensuring clarity and fairness in notices and applications.
Under these amended rules, a notifier must serve the notice on any officer or employee of an organisation of employees who is mentioned in the notice, rather than just the organisation itself (Item 1 of Schedule 1). This change is intended to uphold the principles of natural justice by ensuring that all relevant parties are informed directly. Additionally, the Registry must now provide a copy of the notice to these individuals with the time and date of its receipt, ensuring proper documentation and accountability. The application form for consent to alter eligibility rules has also been modified to require that the eligibility rules be set out as if the application had been granted, with the changes highlighted (Item 2 of Schedule 1). This amendment aims to provide potential objectors with a clearer understanding of the proposed changes, thus facilitating more effective objections.
The amended rules impose obligations on notifiers and the Registry to ensure that all relevant parties receive proper notice and documentation, promoting transparency and fairness in the processes managed by the Australian Industrial Relations Commission. Additionally, applicants seeking to alter eligibility rules must clearly highlight the proposed changes, ensuring that objectors have all necessary information to make informed decisions.
Failure to comply with these rules could result in procedural flaws that might be challenged in the Commission. However, the Explanatory Statement does not explicitly mention specific offences, penalties, or consequences for non-compliance. It is implied that any procedural deficiencies could lead to objections or challenges to the validity of notices or applications, potentially causing delays or requiring the resubmission of documents.