Rules of the Australian Industrial Relations Commission (Amendment) Dated 22 December 1994

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Rules of the Australian Industrial Relations Commission (Amendment) 1994 No. 464
 

EXPLANATORY STATEMENT

Statutory Rules 1994 No. 464

Rules of the Australian Industrial Relations Commission

(Issued by the Authority of the President of the Australian Industrial Relations Commission).

Section 48 of the Industrial Relations Act 1988 (the Act) authorises the making of rules of the Australian Industrial Relations Commission (the Commission).

Subsection 48(1) of the Act authorises the President of the Commission by signed instrument, after consultation with members of the Commission, to 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.

The President of the Commission, after consultation with members of the Commission, has made amendments to the Rules to the following effect:

Rule 1 provides that the Rules commence on 30 December 1994

Rule 2 provides for the amendment of the Rules.

Rule 3 omits Rule 2AA which provides that the Rules cease to have effect on 30 December 1994.

Rule 4 corrects a typographical error.

Rule 5.1 omits paragraphs 30A(3)(d), (e) and (f) and substitutes paragraphs 30A(3)(ca), (cb), (cc), (d), (c) and (f).

New paragraph 30A(3)(ca) requires an applicant under section 170MA of the Act for the certification of an agreement to identify each award including each State award referred to in paragraph 170MC(1)(a) of the Act.

New paragraph 30A(3)(cb) requires an applicant under section 170MA of the Act for the certification of an agreement to state the number of employees covered by the agreement.

New paragraph 30A(3)(ec) requires an applicant under section 170MA of the Act for the certification of an agreement to state the number of relevant employees covered by the agreement in each specified group of relevant employees for the purposes of Subsection 170MG(2) of the Act.

New paragraph 30A(3)(d) requires an applicant under section 170MA of the Act for the certification of an agreement to state whether, any employees covered by the agreement (and not referred to in paragraph 30A(3)(ec)) are relevant employees for the purposes of section 170MG(2) of the Act.

New paragraph 30A(3)(e) requires an applicant under section 170MA of the Act for the certification of an agreement to state the number and category of employees identified for the purposes of paragraph 30A(3)(d).

New paragraph 30A(3)(f) requires an applicant under section 170MA of the Act for the certification of an agreement to state whether the relevant employees identified in paragraphs 30A(3)(ec) and (d) were consulted about the agreement and informed about the matters referred to in subsection 170MG(3) of the Act.

Rule 5.2 inserts a new paragraph 30A(3)(ga) which requires an applicant under section 170MA of the Act for the certification of an agreement to state whether the agreement constitutes a closed agreement.

Rule 6.1 requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to identify any federal award referred to in paragraph 170NC(1)(b) of the Act

Rule 6.2 omits paragraphs 30G(3)(g), (h) and (i) and substitutes paragraphs 30G(3)(fa), (fb), (g), (h) and (1).

New paragraph 30G(3)(fa) requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to state the number of employees covered by the agreement.

New paragraph 30G(3)(fb) requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to state the number of relevant employees covered by the agreement in each specified group of relevant employees for the purposes of subsection 170NG(2) of the Act.

New paragraph 30G(3)(g) requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to state whether any employees covered by the agreement (and not referred to in paragraph 30G(3)(fb)) are relevant employees for the purposes of section 170NG(2) of the Act.

New paragraph 30G(3)(h) requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to state the number and category of employees identified for the purposes of paragraph 30G(3)(g).

New paragraph 30G(3)(i) requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to state whether the relevant employees identified in paragraphs 30G(3)(fb) and (g) were consulted about the agreement and informed about the matters referred to in subsection 170NG(3) of the Act.

Rule 6.3 inserts a new paragraph 30G(3)(k) which requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to state whether the agreement constitutes a closed agreement.

Rule 7 inserts new procedures for notices to the Commission under section 170QH of the Act and applications under section 170QK of the Act.

Rule 30PA requires a notice to the Commission under section 170QH of the Act that the Commission conciliate in relation to certain proposed agreements to be in accordance with Form R8J (see Schedule).

Rule 30PB requires an application under section 170QK of the Act to be in accordance with Form R8K.

Subrule 30PB(2) requires the applicant to serve a copy of the application on the other bargaining parties.

Subrule 30PB(3) provides for the giving of notice of the time and place of hearing to the bargaining parties.

Rule 8 inserts new procedures for an appeal and a referral of a disagreement to the Commission as the Reviewing Authority under the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Rule 39 regulates the procedure for an appeal under section 48 of the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Subrule 39(1) requires an appeal under section 49 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to be in accordance with Form R25 (see Schedule) and accompanied by various documents.

Subrule 39(2) requires an appeal to be instituted within 14 days after the date of the decision of the investigator appealed against.

Subrule 39(3) requires an application for leave to institute an appeal after 14 days to be in accordance with Form R26 (see Schedule).

Subrule 39(4) requires an applicant making an order under subsection 48(3) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to include an application to that effect in the notice of appeal.

Subrule 39(5) requires an applicant seeking an order under subsections 48(4) or (5) of the Occupational Health and Safely (Commonwealth Employment) Act 1991 to include an application to that effect in the notice of appeal.

Subrule 39(6) requires an applicant lodging a notice of appeal under subsection 48(1) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to serve a copy of the notice of appeal and accompanying documents on various persons.

Subrule 39(7) requires an applicant lodging a notice of appeal under subsection 49(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to serve a copy of the notice of appeal and accompanying documents on various persons.

Subrule 39(8) provides for the giving of the notice of time and place of hearing of the appeal to various persons.

Subrule 40(1) requires the referral of a disagreement under subsection 24(4) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to be in accordance with Form R27 (see Schedule).

Subrule 40(2) provides for the Commission to invite Comcare to participate in any proceedings.

Rule 9 creates a Schedule to amend and insert a number of new Forms as a consequence of amendments made to the Rules.

Rule 9.1 substitutes Form R6 which is a revised form for making application under Rule 30A for certification of an agreement.

Rule 9.2 substitutes Form R8 which is a revised form for making application under Rule 30G for approval of implementation or variation of enterprise flexibility agreement.

Rule 9.3 inserts a new Form R8J for giving notice under Rule 30PA to the Commission to conciliate in relation to certain proposed agreements and also inserts a new Form R8K for making application under Rule 30PB for orders in relation to negotiations for agreements.

Rule 9.4 inserts a new Form R25 for lodging under Rule 39 a notice of appeal under section 48 of the Occupational Health and Safety (Commonwealth Employment) Act 1991, a new Form R26 for lodging under Rule 39 an application for an extension of time for instituting an appeal under section 48 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 and a new Form R27 for referring under Rule 40 a disagreement concerning the manner of establishing or varying a designated work group.

 

Overview

The Rules of the Australian Industrial Relations Commission (Amendment) 1994 No. 464 were enacted to address procedural gaps and improve the efficiency of the Australian Industrial Relations Commission (AIRC) in handling applications for the certification and approval of workplace agreements and related matters. Authorised by Section 48 of the Industrial Relations Act 1988, the amendments were introduced by the President of the AIRC after consultation with its members. The primary policy objective of these amendments was to streamline the processes and requirements for lodging applications related to workplace agreements, ensuring clarity and comprehensiveness in the information provided to the Commission. These changes included new stipulations for the identification of relevant employees and awards, as well as the introduction of specific forms for various types of applications and appeals, thereby enhancing the administrative efficiency and effectiveness of the AIRC.

Scope and Application

The Rules of the Australian Industrial Relations Commission (Amendment) 1994 No. 464, issued under the authority of the President of the Australian Industrial Relations Commission, amend the existing Rules to update the practice and procedure within the Commission. These amendments apply to individuals and entities involved in making applications for the certification of agreements and the approval of implementation or variation of enterprise flexibility agreements under the Industrial Relations Act 1988. The amendments are designed to enhance the transparency and efficiency of these processes by imposing new requirements on applicants to provide detailed information about the affected employees and the nature of the agreements. These include specifying the awards relevant to the agreement, the number and categories of employees covered, and whether the agreement is closed. The Rules also introduce new procedures for notices and applications related to conciliation and negotiation agreements, and update the forms required for these applications. Additionally, the Rules modify the procedures for appeals and referrals related to occupational health and safety matters, stipulating the forms and timelines for lodging these appeals and referrals. These amendments apply nationally across Australia, as they are made under the authority of the Commonwealth. There are no stated exclusions or thresholds in these amendments, but they do extend the application of the existing Rules through the introduction of new procedures and forms.

Key Provisions

The Australian Industrial Relations Commission (Amendment) Rules 1994 (No. 464) outline several key provisions that govern the practice and procedure of the Australian Industrial Relations Commission (the Commission). Rule 1 specifies that the Rules commence on 30 December 1994, while Rule 2 allows for the amendment of the Rules. Rule 3 removes the provision that previously mandated the Rules to cease on 30 December 1994, and Rule 4 corrects a typographical error. Rule 5.1 amends Rule 30A(3) to include new paragraphs that detail specific requirements for applicants seeking certification of an agreement under section 170MA of the Industrial Relations Act 1988. These requirements include identifying relevant awards, stating the number of employees covered by the agreement, and indicating the number of relevant employees within each specified group. Furthermore, applicants must disclose whether any other employees covered by the agreement are relevant employees, and state the number and category of these employees. Additionally, applicants must specify whether relevant employees have been consulted about the agreement and informed about relevant matters under subsection 170MG(3) of the Act. Rule 5.2 introduces a new paragraph requiring applicants to declare if the agreement constitutes a closed agreement. Rule 6.1 and Rule 6.2 amend Rule 30G(3) to include new paragraphs that mandate applicants seeking approval for the implementation or variation of an enterprise flexibility agreement under section 170NA of the Act to provide details about the number of employees covered by the agreement and the number of relevant employees within each specified group. These rules also require applicants to indicate whether any employees covered by the agreement (not referred to in paragraph 30G(3)(fb)) are relevant employees and to state the number and category of these employees. Moreover, applicants must confirm whether relevant employees were consulted about the agreement and informed about relevant matters under subsection 170NG(3) of the Act. Rule 6.3 inserts a new paragraph requiring applicants to state whether the agreement is a closed agreement. Rule 7 introduces new procedures for notices to the Commission and applications under sections 170QH and 170QK of the Act. Rule 30PA mandates that notices for conciliation must be in accordance with Form R8J, while Rule 30PB requires applications to be in accordance with Form R8K. Subrule 30PB(2) requires the applicant to serve a copy of the application on the other bargaining parties, and Subrule 30PB(3) mandates the giving of notice of the time and place of the hearing to the bargaining parties. Rule 8 establishes new procedures for appeals and referrals of disagreements to the Commission under the Occupational Health and Safety (Commonwealth Employment) Act 1991. Rule 39 governs the procedure for appeals under section 48 of that Act, specifying that appeals must be in accordance with Form R25 and accompanied by various documents. Subrule 39(2) requires appeals to be instituted within 14 days of the decision being appealed, while Subrule 39(3) mandates that applications for leave to institute an appeal after 14 days must be in accordance with Form R26. Subrules 39(4) to 39(8) outline requirements for serving notices and providing information to various persons involved in the appeal process. Rule 9 creates a Schedule that amends and inserts new Forms to reflect the changes made to the Rules. These new Forms include revised application forms for certification of an agreement (Form R6), approval of implementation or variation of an enterprise flexibility agreement (Form R8), notices to the Commission to conciliate in relation to certain proposed agreements (Form R8J), applications for orders in relation to negotiations for agreements (Form R8K), notices of appeal under section 48 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (Form R25), applications for an extension of time for instituting an appeal (Form R26), and referrals of disagreements concerning the manner of establishing or varying a designated work group (Form R27). The Act imposes obligations on parties to adhere to the specified procedures and requirements for making applications, notices, and appeals to the Commission. Failure to comply with these provisions may result in civil or criminal consequences, although specific penalties are not detailed within the explanatory statement.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.