Workplace Relations Amendment Regulations 2004 (No 1)

Administered by Department of Employment and Workplace Relations

Legislation au F2004B00010 Regulations Not in force Legislative Instrument

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Workplace Relations Amendment Regulations 2004 (No. 1) 2004 No. 3

EXPLANATORY STATEMENT

Statutory Rules 2004 No. 3

Issued by the authority of the Minister for Employment and Workplace Relations

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 2004 (No. 1)

Subsection 359(1) of the Workplace Relations Act 1996 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 170CE of the Act provides that an employee whose employment has been terminated by an employer may apply to the Australian Industrial Relations Commission (the Commission) for relief in respect of the termination of that employment on the ground that the termination was harsh, unjust or unreasonable, on the ground that the termination was unlawful, or on both grounds.

Section 170CJ of the Act sets out the instances where the Commission may make orders for the payment of costs in relation to termination of employment applications or proceedings under section 170CE.

Subsection 170CJ(5A) was inserted into the Act by the Workplace Relations Amendment (Termination of Employment) Act 2001 to provide for a schedule of costs to be prescribed in relation to items of expenditure likely to be incurred in respect of termination of employment applications or proceedings under section 170CE.

The purpose of the Regulations is to insert such a schedule of costs into the Workplace Relations Regulations 1996 and to provide for related matters.

Details of the Regulations are set out in the Attachment.

The Regulations commence on gazettal.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 2004 (No. 1)

Regulation 1

Regulation 1 sets out the name of the Regulations.

Regulation 2

Regulation 2 provides for the commencement of the Regulations on gazettal.

Regulation 3

Regulation 3 provides that the Workplace Relations Regulations 1996 are amended by Schedule 1.

Schedule 1 -- Amendments

Item 1

Item 1 inserts a new regulation 30BG into the Workplace Relations Regulations 1996 to, in turn, insert a new Schedule 5 to prescribe the costs under subsection 170CJ(5A) of the Workplace Relations Act 1996 that may be ordered by the Australian Industrial Relations Commission (the Commission) in relation to termination of employment applications or proceedings under section 170CE.

Regulation 30BG also addresses related issues, including the definition of terms in the schedule of costs, instances where more than one counsel may be briefed, and instances where the Commission may apply a charge to a person other than a solicitor as provided by section 42 of the Workplace Relations Act 1996.

Item 2

Item 2 inserts new Schedule 5 into the Workplace Relations Regulations 1996.

New Schedule 5 comprises 15 Parts relating to the Commission's procedures and practices for dealing with applications and proceedings before it.

Each Part in turn provides for matters relevant to such procedures and practices.

Part 1 (items 101 to 106) sets out the amounts that the Commission may order in respect of costs for issuing and taking instructions.

Part 2 (items 201 to 206) sets out the amounts that the Commission may order in respect of costs for preparing the types of documents specified.

Parts 3, 4 and 5 (items 301, 401 and 501) set out the amounts that the Commission may order in respect of costs for drawing, writing or typing and copying the documents specified.

Parts 6 and 7 (items 601 and 602 and item 701) set out the amounts that the Commission may order in respect of costs for perusing, scanning and examining documents.

Part 8 (items 801 to 806) sets out the amounts that the Commission may order in respect of costs for preparing the types of letters specified.

Part 9 (items 901 and 902) sets out the amounts that the Commission may order in respect of costs for serving documents.

Part 10 (items 1001 and 1002) sets out the amounts that the Commission may order in respect of costs for preparing appeal books.

Part 11 (items 1101 to 1112) sets out the amounts that the Commission may order in respect of costs for various types of attendances by clerks and solicitors -- for example, attendances on counsel, attendances to inspect documents, attendances by telephone, or attendances at the Commission.

Part 12 (item 1201) sets out the amounts that the Commission may order in respect of costs for matters involving the exercise of particular care or the application of particular skill.

Part 13 (items 1301 and 1302) sets out the amounts that the Commission may order in respect of costs for a solicitor appearing as Counsel.

Part 14 (items 1401 to 1403) sets out the amounts that the Commission may order in respect of costs for witnesses' expenses.

Part 15 (items 1501 to 1503) sets out the amounts that the Commission may order in respect of costs for specified disbursements.

Overview

The Workplace Relations Amendment Regulations 2004 (No. 1) were enacted to address the need for a structured and fair framework for the ordering of costs in relation to termination of employment applications or proceedings under the Workplace Relations Act 1996. These Regulations were made under the authority of the Minister for Employment and Workplace Relations and aim to provide clarity and consistency in the costs that may be awarded by the Australian Industrial Relations Commission in such cases. The primary policy objective of these Regulations is to ensure that the costs associated with termination of employment applications and proceedings are reasonable and justifiable, thereby supporting the fair administration of justice within the workplace relations framework. The Regulations amend the Workplace Relations Regulations 1996 by inserting a new schedule that prescribes the costs that may be ordered by the Commission. This schedule includes detailed provisions for various types of costs, such as costs for issuing and taking instructions, preparing documents, serving documents, and various attendances, among others. By setting out these specific costs, the Regulations aim to provide a transparent and predictable framework for the determination of costs in termination of employment cases, thereby assisting both employers and employees in understanding the financial implications of such proceedings.

Scope and Application

The Workplace Relations Amendment Regulations 2004 (No. 1) pertain to the regulation and oversight of workplace relations in Australia, specifically concerning the financial aspects of termination of employment applications and proceedings under the Workplace Relations Act 1996. These regulations apply to all employees whose employment has been terminated and who may seek relief through the Australian Industrial Relations Commission. The regulations also apply to employers who may be subject to orders for costs in relation to such applications and proceedings. The scope of these regulations is national, as they are enacted under the Commonwealth jurisdiction and affect all states and territories within Australia. The regulations extend their application through the insertion of a detailed schedule of costs into the Workplace Relations Regulations 1996, addressing specific financial aspects such as the fees for issuing and taking instructions, preparing and serving documents, attendances, and disbursements. The regulations do not include any exclusions or exemptions and are intended to provide clear guidelines on the financial responsibilities in termination of employment matters.

Key Provisions

The Workplace Relations Amendment Regulations 2004 (No. 1) introduce specific provisions under the Workplace Relations Act 1996. These regulations, particularly through Schedule 1, establish a detailed schedule of costs (Regulation 30BG) that the Australian Industrial Relations Commission (the Commission) can order in relation to termination of employment applications or proceedings (section 170CE). This schedule is designed to provide clarity and predictability regarding the costs that may be incurred in such proceedings. The costs are categorised into 15 parts, each addressing different aspects of the proceedings such as issuing and taking instructions, document preparation, attendance by solicitors and clerks, and disbursements (Schedule 5). These regulations impose specific obligations on the parties involved in termination of employment proceedings. The primary obligation is for the Commission to adhere to the prescribed costs schedule when making orders in relation to termination of employment applications or proceedings. This includes ensuring that the costs ordered are within the specified limits for various activities such as document preparation, attendances, and disbursements. The regulations also clarify instances where more than one counsel may be briefed and under what circumstances the Commission can apply a charge to a person other than a solicitor, as per section 42 of the Workplace Relations Act 1996. Failure to comply with the provisions of these regulations can result in several consequences. While the regulations themselves do not explicitly outline specific penalties for breaches, the underlying Act, the Workplace Relations Act 1996, provides for both civil and criminal penalties for non-compliance with its provisions. For instance, civil penalties may include fines up to a certain amount, while criminal penalties could include imprisonment, reflecting the seriousness with which the law views breaches of its provisions. These potential penalties underscore the importance of adhering to the prescribed costs schedule and the obligations set forth by the regulations.

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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.