Workplace Relations Amendment Regulations 2005 (No. 2)

Administered by Department of Employment and Workplace Relations

Legislation au F2005L00735 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2005 No. 42

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

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 2005 (No. 2)

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.

Regulation 30BG was inserted into the Workplace Relations Regulations 1996 by Statutory Rules 2004 no 291 to provide for the schedule of costs to be set out in Schedule 5 of the Workplace Relations Regulations 1996. Schedule 5 commenced on 12 February 2004.

The Federal Costs Advisory Committee recommended that the four Federal Courts increase the scale of costs in their respective Rules by 10.2%. The scale of costs in the Rules of the Federal Court of Australia increased on 1 November 2004.

The Regulations will continue the practice of maintaining a broad alignment with the costs set out in the Federal Court Rules.

Details of the Regulations are set out in the Attachment.

The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 2005 (No. 2)

Regulation 1

Regulation 1 sets out the name of the Regulations.

Regulation 2

Regulation 2 provides for the commencement of the Regulations on the day after they are registered on the Federal Register of Legislative Instruments.

Regulation 3

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

Schedule 1 — Amendments

Item 1

Item 1 provides for Schedule 5 of the Workplace Relations Regulations 1996 to be replaced with Schedule 1 as set out.

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 fees 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 2005 (No. 2) were enacted to address the need for updating the costs schedule applicable to applications and proceedings concerning the termination of employment under the Workplace Relations Act 1996. These Regulations, issued under the authority of the Minister for Employment and Workplace Relations, aim to maintain alignment with the costs set out in the Federal Court Rules, reflecting the Federal Costs Advisory Committee's recommendation to increase the scale of costs by 10.2%. This legislative instrument ensures that the Australian Industrial Relations Commission's (AIRC) processes for dealing with termination of employment applications are consistent with recent changes in federal court costs. The Regulations, which commenced on the day after their registration on the Federal Register of Legislative Instruments, replace Schedule 5 of the Workplace Relations Regulations 1996 with a new schedule detailing various costs associated with specific procedural activities, thereby providing clarity and predictability in the costs incurred during employment termination proceedings.

Scope and Application

The Workplace Relations Amendment Regulations 2005 (No. 2) apply to all employees whose employment has been terminated and who may seek relief from the Australian Industrial Relations Commission (AIRC) under section 170CE of the Workplace Relations Act 1996. The regulations establish a schedule of costs that the AIRC may order when dealing with applications and proceedings related to the termination of employment. This includes various categories of costs such as those incurred for issuing and taking instructions, preparing and copying documents, serving documents, preparing appeal books, and costs for various types of attendances by legal professionals, as well as fees and disbursements. These regulations are applicable nationally across Australia, given that the Workplace Relations Act 1996 is a Commonwealth Act. The regulations also reflect an alignment with the costs set out in the Federal Court Rules, particularly after the Federal Courts increased their scale of costs by 10.2% in 2004. The regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

Key Provisions

The Workplace Relations Amendment Regulations 2005 (No. 2) focus on updating the schedule of costs associated with applications and proceedings under the Workplace Relations Act 1996 (the Act). These Regulations are essential for aligning the costs in the Australian Industrial Relations Commission (the Commission) with those set out in the Federal Court Rules, reflecting the recommendations from the Federal Costs Advisory Committee. Regulation 1 establishes the name and Regulation 2 specifies that the Regulations commence the day after they are registered on the Federal Register of Legislative Instruments (section 3). Regulation 3 mandates that the Workplace Relations Regulations 1996 are amended by Schedule 1, which replaces Schedule 5 of the 1996 Regulations. These Regulations impose specific obligations on the parties involved in employment termination cases before the Commission. They outline the various costs that may be awarded, including fees for issuing and taking instructions, preparing documents, attending hearings, and other related expenses. Each Part of the new Schedule 5 provides detailed cost amounts for specific tasks and activities involved in the proceedings, such as drawing, writing, typing, copying, and examining documents, serving documents, and preparing appeal books. The costs are designed to cover all aspects of the legal process, from document preparation to attendance at hearings, ensuring transparency and consistency in cost recovery. Failure to comply with the provisions of these Regulations could result in several consequences. While the explanatory statement does not explicitly outline offences or penalties, it is reasonable to infer that non-compliance could lead to disputes over the recovery of costs, potentially resulting in civil litigation. Given that the Regulations are tied to the Federal Court Rules, which have their own set of penalties for non-compliance, any significant deviation from the prescribed costs could lead to legal challenges or enforcement actions. The precise penalties would depend on the specific context and the relevant court’s rules, but could include fines or other financial penalties for those found in breach of the Regulations.

Area of Law: Employment & Labour Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Costs Provisions

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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.

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