Australian Industrial Relations Commission Amendment Rules 2004 (No. 2) 2004 No. 280
EXPLANATORY STATEMENT
STATUTORY RULES 2004 NO. 280
Australian Industrial Relations Commission Amendment Rules 2004 (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 are consequential to the amendments made to the Workplace Relations Act 1996 by the Workplace Relations Amendment (Transmission of Business) Act 2004 and the remainder 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 1 - Insertion of a new Rule 51A provides for an application under section 170MBA of the Workplace Relations Act 1996 for an order about the extent to which a successor employer is bound by a certified agreement arising from Workplace Relations Amendment (Transmission of Business) Act 2004.
Item 2 - Form R28 is amended to require the date that the employees first have access or ready access to the agreement to be included. Form R28 is also amended to simplify the provision of details relating to the no disadvantage test.
Item 3 - Amendment to Form R28B requires the reasons for characterising the new business as a greenfields site. Form R28B is also amended to simplify the provision of details relating to the no disadvantage test.
Item 4 - Amendments to Form R30 requires a copy of the written notice given to employees of the employer's intention to make the agreement, and again if the proposed agreement is varied for any reason, to accompany the application. Form R30 is also amended to simplify the provision of details relating to the no disadvantage test.
Item 5 - Form R32 is amended to require the date that the employees first have access or ready access to the agreement to be included. Form R32 is also amended to simplify the provision of details relating to the no disadvantage test.
Item 6 - Insertion of new Forms R33A and R33B arising from new Rule 51A.
Item 7 - Amendment to Form R34 provides for the accompanying statutory declaration to better particularise the requirements of subsection 170MC(3); and amendment to Form R35 provides instruction to parties in addressing the requirements of subsection 170MD(3) of the Act.
Item 8 - Amendment to Form R37 provides for the accompanying statutory declaration to better particularise the requirements of subsection 170MG(3).
Overview
The Australian Industrial Relations Commission Amendment Rules 2004 (No. 2) were enacted to address gaps and issues arising from amendments to the Workplace Relations Act 1996, specifically those made by the Workplace Relations Amendment (Transmission of Business) Act 2004, as well as to enhance the overall efficiency of the Rules. Authorised by the President of the Australian Industrial Relations Commission under section 48 of the Workplace Relations Act 1996, these rules aim to ensure that the practice and procedure of the Commission align with the updated legislative framework and improve the management of business within the Commission. The overarching policy objective of these amendments is to streamline the processes and requirements for making applications, submissions, and objections, particularly concerning the extent to which successor employers are bound by certified agreements and the simplification of the no disadvantage test provisions.
Scope and Application
The Australian Industrial Relations Commission Amendment Rules 2004 (No. 2) are subordinate legislation made under the authority of the President of the Australian Industrial Relations Commission, pursuant to section 48 of the Workplace Relations Act 1996. These Rules are designed to update and refine the practice and procedure of the Commission, particularly in relation to applications, submissions, and objections, ensuring they align with recent legislative changes and enhance the efficiency of the Commission's operations. They apply to all entities and individuals involved in the industrial relations processes managed by the Commission. The geographic reach of these Rules is national, as they are made under Commonwealth authority. The Rules include various amendments to forms and the insertion of new rules, reflecting adjustments necessitated by the Workplace Relations Amendment (Transmission of Business) Act 2004. Notably, these Rules do not exclude any particular entity or individual but apply broadly to all cases governed by the relevant sections of the Act. Subordinate instruments, such as the various amended forms, further extend and specify the application of these Rules within the Commission's jurisdiction.
Key Provisions
The Australian Industrial Relations Commission Amendment Rules 2004 (No. 2) consist of several key operative sections, primarily aimed at updating and improving the practice and procedure within the Commission, as well as the conduct of its business. Rule 1 identifies the name of the Rules, while Rule 2 specifies the commencement date of these Rules. Rule 3 serves as a formal amendment to the existing Australian Industrial Relations Commission Rules as detailed in the Schedule. The Schedule includes eight items that amend various forms and insert new rules in response to the changes made by the Workplace Relations Amendment (Transmission of Business) Act 2004.
These Rules impose certain obligations and requirements on the parties involved. For instance, Rule 51A, introduced as part of the amendments, allows for an application under section 170MBA of the Workplace Relations Act 1996, seeking an order regarding the extent to which a successor employer is bound by a certified agreement. Additionally, several forms, such as Forms R28, R28B, R30, R32, R33A, R33B, R34, and R37, have been amended to streamline the information required for applications and to simplify the no disadvantage test. For example, Form R28 now requires the inclusion of the date when employees first had access to the agreement, and Form R34 mandates a statutory declaration that better particularises the requirements of subsection 170MC(3).
In terms of consequences for non-compliance, the explanatory statement does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of these Rules. However, given that these Rules are made under the authority of the Workplace Relations Act 1996, any failure to comply with the requirements set out in these Rules could potentially lead to actions under the broader legislative framework, which may include fines or other penalties as prescribed by the Act. The precise nature and extent of any penalties would depend on the specific breach and the applicable provisions of the Act.