Fair Work Australia Amendment Rules 2012 (No.1)
Explanatory Statement
Amendment of the Fair Work Australia Rules 2010
(issued by the Authority of the President of Fair Work Australia)
Authority
Section 609 of the Fair Work Act 2009 (the Act) authorises the making of procedural rules of Fair Work Australia.
Under sub section 609(1) of the Fair Work Act 2009, the President of Fair Work Australia (FWA), after consulting the other FWA Members, may, by legislative instrument, make procedural rules in relation to:
(a) the practice and procedure to be followed by FWA; or
(b) the conduct of business in relation to matters allowed or required to be dealt with by FWA.
Purpose
A number of amendments have been made to correct typographical errors in the Rules and to improve the workings of the Tribunal processes. There is also a new form and a consequential amendment arising from the commencement of the Fair Work (Registered Organisations) Amendment Regulations 2011 (No.1).
Details
The President of FWA, after consulting the other FWA Members, has made amendments to the Rules to the following effect:
Rule 1 is a formal provision stating the name of the Rules.
Rule 2 provides the date these Rules will commence.
Rule 3 is a formal provision, providing that the Fair Work Australia Rules 2010 are amended as set out in these Rules.
Rule 4 is a transitional rule applying to the amendment made by item [2] of Schedule 1 in relation to applications for Fair Work Australia to Deal with a General Protections Dispute served on or after the date these rules commence.
Schedule 1
[1] Corrects a typographical error in Sub rule 6.5.
[2] Corrects an inconsistency between Rule 16A and the corresponding form, Form 8A changed by amendment[1].
[3] Corrects a typographical error in Sub rule 20.6.
[4] Consequential amendment to Schedule 1 arising from the insertion of new Form F68A.
[5] The Notice to the Respondent, inserted in Form F2[2] informing a respondent served with a Form F2 of the requirement to lodge a Form F3 with FWA and to serve it on the applicant, has been further amended; the period within which a respondent must lodge a response with FWA and serve on the applicant after being served with the Form F2, has been changed to 7 days to reflect the general practice for unfair dismissal matters.
[6] The Service requirements of Form F3 amended[3] to regulate that any supporting documentation accompanying the response must also be lodged with FWA and served on the applicant after being served with the Form F2 (or in accordance with any instruction given by FWA), have been further amended; the period within which a respondent must lodge a response with FWA and serve on the applicant after being served with the Form F2, has been changed to 7 days to reflect the general practice for unfair dismissal matters.
[7] The amendment to item 2.4 in Form F17 clarifies the obligation on an employer that all reasonable steps are taken in giving notice of the right to be represented by a bargaining representative to each employee who will be covered by the Agreement [s.173]. A legislative note following 2.4 makes it clear that the notice must meet the requirements of s.174 and that there is a prescribed form for the notice. A link to the prescribed form in Schedule 2.1 to the Fair Work Regulations is provided.
[8] Insertion of a new Form F68A - Application for Consent to the Alteration of Eligibility Rules of an Organisation by General Manager arising from the commencement of the Fair Work (Registered Organisations) Amendment Regulations 2011 (No.1).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Fair Work Australia Amendment Rules 2012 (No.1)
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
A number of amendments have been made to correct typographical errors in the Rules and to improve the workings of the Tribunal processes. There is also a new form and a consequential amendment arising from the commencement of the Fair Work (Registered Organisations) Amendment Regulations 2011 (No.1).
Human Rights Implications
This instrument does not engage any of the applicable rights or freedoms.
Conclusion
This instrument is compatible with human rights as it does not raise any human rights issues.
G.M.Giudice
President of Fair Work Australia
[1] Amendment by the Fair Work Australia Amendment Rules 2011 (No. 1)
[2] Amendment by the Fair Work Australia Amendment Rules 2011 (No. 1)
[3] Amendment by the Fair Work Australia Amendment Rules 2011 (No. 1)