Australian Industrial Relations Commission Amendment Rules 2001 (No. 2) 2001 No. 101
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 101
Australian Industrial Relations Commission Amendment Rules 2001 (No. 2)
(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
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 1 amends sub-rule 58(1) by deleting the reference to the Commission and thereby clarifying that the notice of initiation of a bargaining period to both the Commission and each other negotiating party must be in accordance with Form R40.
Item 2 provides for the notice of initiation of a bargaining period to be given to each other negotiating party personally or by post or facsimile transmission.
Item 3 recognises that as a result of State Legislation, Federal award employees in NSW and Qld not employed by constitutional corporations can no longer make application to the Australian Industrial Relations Commission in respect of a harsh, unjust or unreasonable dismissal but must rather access their respective state legislation. The inclusion of NSW corrects a drafting omission from Statutory Rules 2001 No 1 and as a result of amendments to the Queensland Industrial Relations Act 1999, adds Qld to the list of States where this objection maybe relevant.
Item 4 amends the heading on the certificate under s170CF, Form R24, to more accurately describe the form.
Item 5 amends the notice of initiation of bargaining period, Form R40, by deleting the reference to the Australian Industrial Relations Commission in accordance with Item 1.
Overview
The Australian Industrial Relations Commission Amendment Rules 2001 (No. 2) were enacted to refine the operational procedures and practices of the Australian Industrial Relations Commission (CRIC) in alignment with the Workplace Relations Act 1996. These amendments were introduced to address procedural gaps and clarify certain practices, particularly in relation to the initiation of bargaining periods and the process for handling applications, submissions, and objections. The President of the CRIC, following consultation with its members, made these amendments to enhance the effectiveness and clarity of the Commission's operations. The overarching policy objective of these amendments is to streamline the CRIC's procedural practices, ensuring they are consistent with legislative intent and facilitate smoother industrial relations processes.
Scope and Application
The Australian Industrial Relations Commission Amendment Rules 2001 (No. 2) apply to the Australian Industrial Relations Commission and its members, as well as to any individuals and entities that engage in or are affected by industrial relations matters within the jurisdiction of the Commission. These rules, issued under the authority of section 48 of the Workplace Relations Act 1996, are designed to refine the practice and procedure of the Commission, particularly concerning the manner and timing of applications, submissions, and objections, and how these are managed within the Commission. These rules cover the entire Commonwealth of Australia, ensuring a consistent approach to industrial relations matters across different states and territories. The rules exclude certain dismissal applications by federal award employees in NSW and QLD, who are now directed to state legislation for such matters, reflecting changes in state laws. The application and scope of these rules can be further extended or modified through subordinate instruments made under the authority of the President of the Commission.
Key Provisions
The Australian Industrial Relations Commission Amendment Rules 2001 (No. 2) (Rule 3) make several amendments to the Australian Industrial Relations Commission Rules. These amendments are designed to enhance the efficiency and effectiveness of the Commission's processes and practices. For example, Item 1 of Schedule 1 clarifies that the notice of initiation of a bargaining period must be in accordance with Form R40, and must be given to both the Commission and each other negotiating party (Rule 3(3)(a)). Similarly, Item 2 provides that the notice of initiation of a bargaining period can be given to each other negotiating party personally or by post or facsimile transmission (Rule 3(3)(b)). These changes aim to streamline the bargaining process and ensure that all parties are properly informed and involved.
The Australian Industrial Relations Commission Amendment Rules 2001 (No. 2) impose several obligations and requirements on the parties and entities it governs. For example, parties involved in bargaining must ensure that they provide proper notification of the initiation of a bargaining period to both the Commission and each other negotiating party (Rule 3(3)(a)). Similarly, parties involved in a dismissal claim must ensure that they access the appropriate legislative framework for their circumstances (Rule 3(4)). These obligations are designed to ensure that the Commission's processes and practices are fair, efficient and effective.
The Australian Industrial Relations Commission Amendment Rules 2001 (No. 2) also impose penalties and consequences for non-compliance. For example, failure to provide proper notification of the initiation of a bargaining period may result in delays or other consequences in the bargaining process (Rule 3(3)(a)). Similarly, failure to access the appropriate legislative framework for a dismissal claim may result in the claim being dismissed or other consequences (Rule 3(4)). These penalties and consequences are designed to encourage compliance with the Commission's processes and practices, and to ensure that the Commission is able to effectively resolve disputes and claims.
In summary, the Australian Industrial Relations Commission Amendment Rules 2001 (No. 2) make several important amendments to the Australian Industrial Relations Commission Rules. These amendments are designed to improve the efficiency and effectiveness of the Commission's processes and practices, and to ensure that all parties are properly informed and involved. The Rules impose obligations and requirements on the parties and entities it governs, and also impose penalties and consequences for non-compliance. These provisions are designed to encourage compliance with the Commission's processes and practices, and to ensure that the Commission is able to effectively resolve disputes and claims.