Statutory Rules 1989 No. 461
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Rules of the Australian Industrial Relations Commission
I, BARRY JAMES MADDERN, PRESIDENT of the Australian Industrial Relations Commission, hereby make the following Rules of the Commission under section 48 of the Industrial Relations Act 1988.
Dated 3 March 1989.
BARRY J. MADDERN
President
(L.S.)
PRELIMINARY
RULE 1 CITATION
These rules may be cited as the Rules of the Australian Industrial Relations Commission.
RULE 2 COMMENCEMENT
These rules shall come into operation on 3 March 1989.
RULE 3 SEALS OF COMMISSION
(1) The seal referred to in subsection 47 (1) of the Act shall be in the form represented hereunder, be kept in the custody of the President and be affixed to these Rules and such other documents as the President directs.
(2) A duplicate seal referred to in subsection 47 (2) of the Act shall be affixed to such documents as the Commission directs.
(3) The Deputy Industrial Registrar in charge of a registry shall have the custody of a seal the design of which shall as nearly as practicable be the same as the design of the seal of the Commission and which shall in respect of the Principal Registry also bear the words “Principal Registry” and in respect of any other registry the word “Registry” prefixed with the name of the State or Territory where it is situated.
(4) A seal of a kind referred to in subrule (3) in respect of a registry shall be affixed to:
(a) all decisions, determinations, awards and orders that have been reduced to writing under section 143 of the Act;
(b) all certified agreements; and
(c) all such other documents as the Commission directs.
RULE 4 FORMS
(1) Subject to subrule (2), the forms in the Schedule shall be used where applicable.
(2) It shall be sufficient compliance with these Rules as to the form of any document if the document is substantially in accordance with the requirement or has only such variations as the nature of the case requires.
RULE 5 RELIEF FROM RULES
The Commission may dispense with compliance with any of the requirements of the Rules, either before or after the occasion for compliance arises.
RULE 6 PROCEEDINGS WANTING OR IN DOUBT
(1) Where a person desires to commence a proceeding or take any step in a proceeding, and the manner or form of procedure is not prescribed by the Act, the Regulations or the Rules or by or under any other Act, or that person is in doubt as to the manner or form of procedure, the Commission may, on application by that person, give directions.
(2) A proceeding commenced in accordance with the directions of the Commission shall be well commenced.
(3) A step taken in accordance with the directions of the Commission shall be regular and sufficient.
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
RULE 7 COMMISSION ACTING ON OWN MOTION
(1) Where the Commission acts on its own motion under section 33 of the Act, the member of the Commission shall notify a Registrar in writing.
(2) A Registrar shall register the matter as if it were an application under section 113 of the Act.
RULE 8 PRESIDENT TO DESIGNATE PRESIDENTIAL MEMBERS
Where the President has designated a Presidential Member under subsection 38 (1) of the Act, a copy of the instrument shall be kept by the Industrial Registrar.
RULE 9 DELEGATION BY PRESIDENT
Where the President has made a delegation under section 40 of the Act, a copy of the instrument shall be kept by the Industrial Registrar.
RULE 10 APPEALS TO FULL BENCH
(1) An appeal to a Full Bench under section 45 of the Act shall be instituted by lodging with a Registrar notice of appeal and 4 copies thereof, in accordance with Form R1, together with 3 copies of:
(a) the award, order or decision under appeal;
(b) the transcript of the evidence and argument in the proceedings from which the appeal is brought;
(c) each document which was an exhibit in the proceedings; and
(d) the statement of the reasons for the award, order or decision.
(2) An appeal shall be made within 21 days after the date of the award, order or decision appealed against.
(3) If it is intended to seek a stay of the whole or part of the award, order or decision pending the determination of the appeal, the notice of appeal should include an application to that effect.
(4) Upon lodging notice of appeal, the appellant shall forthwith serve a copy thereof upon:
(a) the other parties and interveners in the proceedings from which the appeal is brought; and
(b) the Minister.
(5) Upon the presiding member of the Full Bench fixing a time and place for the hearing of the appeal, the Registrar shall give notice accordingly to:
(a) the appellant;
(b) the other parties and interveners who appeared in the proceedings from which the appeal is brought;
(c) such other persons as the presiding member directs; and
(d) the Minister.
AUSTRALIAN INDUSTRIAL REGISTRY
RULE 11 REFERENCES BY REGISTRAR
Where, under section 79 of the Act, a Registrar refers a matter or question to the President for decision, the Commission constituted as provided by subsection 79 (3) of the Act shall fix a time and place for the hearing, and give such directions to a Registrar as it thinks proper for notifying any persons interested in the matter or question of the time and place so fixed.
RULE 12 APPEALS FROM REGISTRAR
(1) An appeal from a Registrar under section 81 of the Act shall be instituted by lodging with a Registrar a notice of appeal in accordance with Form R2.
(2) An appeal shall be made within 21 days after the date of the decision or act appealed against, or of the Registrar’s refusal or failure to make a decision or do any act arising under the Act.
(3) If it is intended to seek a stay of the whole or any part of the decision or act concerned, pending the determination of the appeal, the notice of appeal should include an application to that effect.
(4) Upon lodging notice of appeal, the appellant shall forthwith serve a copy thereof upon the other parties and interveners in the proceedings from which the appeal is brought.
(5) Upon the Commission fixing a time and place for the hearing of the appeal, a Registrar shall give notice accordingly to:
(a) the appellant;
(b) as directed by the presiding member the other parties and interveners who appeared in the proceedings from which the appeal is brought; and
(c) such other persons as the Commission directs.
(6) The Registrar affected by the appeal may, if the Commission thinks fit, be heard on the hearing of the appeal.
(7) In this Rule, “the Commission” means the Commission constituted as provided by subsection 81 (5) of the Act.
DISPUTE PREVENTION AND SETTLEMENT
RULE 13 NOTIFICATION OF AN INDUSTRIAL DISPUTE RELATING TO A LOG OF CLAIMS
(1) A notification of an industrial dispute under section 99 of the Act arising out of service of a log of claims shall be in accordance with Form R3.
(2) The notification shall be accompanied by:
(a) a copy of the letter of demand;
(b) a copy of the log of claims;
(c) a copy of the list of persons served in accordance with these rules;
(d) a statement as to service by a person having knowledge of the facts; and
(e) a statement by an officer having knowledge of the facts and authorised for the purpose by the committee of management of the organisation serving the log of claims, that the letter of demand and log were served with the authority of the organisation.
RULE 14 NOTIFICATION OF OTHER INDUSTRIAL DISPUTES
(1) A notification of an industrial dispute other than a dispute of the type referred to in rule 13 may be given orally, in writing, or by telegraph, telex, facsimile transmission or other similar means.
(2) The notification shall state the parties to the alleged industrial dispute, the matters in dispute, the titles of awards concerned, if any, and any other relevant information.
(3) Where the Commission is being asked to deal with the matter on the basis of an earlier finding of dispute, the case number of that dispute shall be stated.
(4) Where an oral notification is given, the notifier shall confirm the notification in writing.
(5) The confirmation of notification shall be in accordance with Form R3.
RULE 15 NOTIFICATION OF A DEMARCATION DISPUTE
A notification under section 118 of the Act shall be in accordance generally with the requirements of rule 14.
RULE 16 NOTICE OF HEARING OF DISPUTE
(1) When the time and place for hearing of an industrial dispute has been fixed by a member of the Commission, or by the presiding member where the dispute is before a Full Bench, a Registrar shall, as directed by the Commission, give notice of the time and place so fixed to the notifier.
(2) Where the dispute is a dispute of the type referred to in rule 13, the notifier shall serve a copy of the notice on each person alleged to be party to the dispute.
(3) Where the dispute is a dispute of the type referred to in rule 14, a Registrar shall, as directed by the Commission, give notice to each person alleged to be party to the dispute.
(4) In addition to the persons referred to in this rule, a Registrar shall give notice of hearing of a dispute to the Minister where the dispute is dealt with under section 107 or section 109 of the Act.
RULE 17 REGISTER OF FINDINGS OF INDUSTRIAL DISPUTES
(1) The Industrial Registrar shall keep, at the Principal Registry, a Register of Findings of Industrial Disputes.
(2) The Industrial Registrar shall cause to be recorded in the Register the following particulars in relation to all disputes that are considered by the Commission, under subsection 101 (1) of the Act, to be industrial disputes:
(a) the parties to the dispute; and
(b) the matters in dispute; and
(c) the findings of the Commission in relation to the dispute.
(3) The Register of Findings of Industrial Disputes shall be open for inspection by any person at any time when the Principal Registry is required to be open to the public.
RULE 18 REFERENCE OF DISPUTES TO FULL BENCH
The decision of the President on an application under section 107 of the Act shall be recorded in writing. A copy of the decision shall be kept by a Registrar with the documents relating to the proceedings.
RULE 19 PRESIDENT DEALING WITH PROCEEDINGS
Where the President decides to deal with a proceeding under section 108 of the Act, the President shall record his decision in writing. A copy of the decision shall be kept by a Registrar with the documents relating to the proceedings.
RULE 20 REVIEW ON APPLICATION BY MINISTER
The procedure to be followed in an application under section 109 of the Act shall be generally in accordance with the procedure prescribed by rule 10.
RULE 21 SUMMONS TO WITNESS
(1) A summons under paragraph 111 (1) (s) of the Act shall be issued only with the approval of a member of the Commission.
(2) A summons shall be signed by a member of the Commission or a Registrar, and shall be in accordance with Form R4. Any number of persons may be included in the same summons.
(3) Service shall be effected by serving on each person named in the summons a copy thereof. Service shall be in accordance with rule 36.
RULE 22 CONSENT AWARDS
(1) An application to the Commission under subsection 112 (1) of the Act for the making of an award giving effect to an agreement shall be in accordance with Form R5.
(2) Each organisation that is a party to the agreement shall lodge:
(a) where an officer of the organisation is authorised by the committee of management to approve the principal terms of the agreement on behalf of the organisation—a written statement signed by that officer stating that he or she is so authorised and has approved those terms on behalf of the organisation; or
(b) in any other case—a written statement signed by an officer of the organisation authorised for the purpose by the committee of management of the organisation stating that the committee of management has approved the principal terms of the agreement.
RULE 23 APPLICATION FOR CERTIFICATION OF AGREEMENT
(1) An application to the Commission under subsection 115 (3) of the Act for the certification of an agreement shall be in accordance with Form R6 and accompanied by a copy of the memorandum of agreement signed by the parties to the agreement.
(2) Each organisation that is a party to the agreement shall lodge, to accompany the application, a statutory declaration, made by a member of the committee of management of the organisation authorised for the purpose by the committee of management, declaring that the committee of management has approved the principal terms of the agreement.
RULE 24 APPLICATION TO SET ASIDE OR VARY AWARDS
(1) An application to set aside or vary an award under section 113 of the Act shall be in accordance with Form R7.
(2) Subject to rule 37, the applicant shall serve a copy of the application on all parties to the award.
(3) When the time and place for hearing the application has been fixed by a member of the Commission, a Registrar shall furnish to the applicant a copy of the notice of hearing for the purpose of service.
(4) Subject to rule 37, the applicant shall serve a copy of the notice of hearing on all other parties to the award.
RULE 25 REVIEW OF AGREEMENT ON APPLICATION BY MINISTER
The procedure to be followed in an application under subsection 117 (1) of the Act shall be generally in accordance with the procedure prescribed by rule 10.
RULE 26 DECLARATION THAT PARTY IS NO LONGER BOUND BY AGREEMENT
(1) An application for a declaration under subsection 117 (5) of the Act shall be in accordance with Form R8.
(2) Subject to rule 37, the applicant shall serve a copy of the application on all parties to the certified agreement.
(3) When the time and place for hearing the application has been fixed by a member of the Commission, a Registrar shall furnish to the applicant a copy of the notice of hearing for the purpose of service.
(4) Subject to rule 37, the applicant shall service a copy of the notice of hearing on all other parties to the certified agreement.
RULE 27 PREFERENCE
An application under section 122 of the Act shall be signed by or on behalf of the applicant and shall state:
(a) the titles of relevant awards;
(b) the details of the order sought;
(c) the grounds in support of the application; and
(d) the names of all other organisations having an interest in the matter.
RULE 28 RESTRAINING STATE AUTHORITIES
(1) An application for an order under section 128 of the Act shall be signed by or on behalf of the applicant and shall state:
(a) the name of the State industrial authority;
(b) the matter being dealt with by the authority;
(c) the matter before the Commission or provided for in an award or order of the Commission;
(d) the parties; and
(e) the grounds in support of the application.
(2) An order restraining a State industrial authority shall be served by a Registrar on the authority as soon as possible after the making of the order.
RULE 29 SECRET BALLOT
An application under section 136 of the Act shall be in writing and signed by the members seeking a secret ballot.
RULE 30 REFERENCE OF DISPUTE TO STATE AUTHORITY FOR DETERMINATION
Where the President has referred an industrial dispute to a State authority under section 174, the President shall cause to be furnished to the Industrial Registrar particulars of the dispute referred and the name of the authority to which it was referred.
MISCELLANEOUS
RULE 31 BREACH OF BANS CLAUSE
(1) A notification under section 181 of the Act shall state:
(a) the name of the notifier;
(b) the title of the award or agreement;
(c) particulars of the alleged breach;
(d) the parties involved; and
(e) the grounds in support of the notification.
(2) Upon lodging the notification, the notifier shall forthwith serve a copy on each party to the award or agreement.
RULE 32 APPLICATION FOR CANCELLATION OR SUSPENSION OF AN AWARD
(1) An application under section 187 of the Act shall be in accordance with Form R9.
(2) When the time and place for hearing the application has been fixed by the presiding member a Registrar shall furnish to the applicant a copy of the notice of hearing for the purpose of service.
(3) The applicant shall serve a copy of the notice of hearing on the organisation in respect of which the application is made.
RULE 33 SETTLEMENT OF AWARDS AND ORDERS
(1) (a) Where a Full Bench directs that the draft award or order be settled by a Registrar, the party who was the applicant or the party directed by the Full Bench shall, within 14 days after the direction was given, or within such further time as the Registrar allows, lodge the draft award or order in the Industrial Registry.
(b) A Registrar shall, within 14 days after the lodging of the draft of the award or order, give to the parties notice of the Registrar’s intention to settle the draft.
(c) If the party who is required so to do fails to lodge the draft of the award or order within the time prescribed by this rule the Registrar shall give to the parties notice of the Registrar’s intention to settle the draft.
(2) Where a member of the Commission directs a party to lodge a draft award or order, that party shall, within 14 days after the direction was given or such further time as the member allows, lodge the draft award or order in the Industrial Registry.
(3) Notwithstanding subrule 34 (3), a draft award or order may be lodged on diskette prepared electronically.
RULE 34 DOCUMENTS
(1) Except where otherwise specified, an original and 4 copies of all documents for use in the Commission shall be lodged in the Industrial Registry.
(2) An original and 1 copy of all documents required to be lodged under Part VII, Divisions 1, 2 and 5 and Part VIII of the Regulations shall be lodged in the Industrial Registry.
(3) All documents lodged for use in the Commission shall be:
(a) on white international A4 size paper; and
(b) typewritten, clearly written or reproduced on one side of the paper only.
RULE 35 INDORSEMENT OF DOCUMENTS
Each document which is lodged in connection with any matter before the Commission shall be indorsed with the name and address of the party lodging it, and the address shall be the address for service of that party.
RULE 36 SERVICE OF DOCUMENTS
(1) Except as otherwise prescribed, or unless the Commission otherwise directs, parties shall serve all documents.
(2) Service of a document upon a person, a body corporate or an organisation or branch of an organisation, shall be effected by:
(a) leaving the document with the person to whom it is addressed, the secretary of the body corporate or the secretary of the organisation or branch;
(b) tendering the document to the person to whom it is addressed, the secretary of the body corporate or the secretary of the organisation or branch;
(c) leaving the document with any person apparently above the age of 15 years at the residence or usual place of business of the person intended to be served, at the registered office of the body corporate or the office of the organisation or branch or, where the person body corporate or organisation or branch has lodged an address for service, at that address; or
(d) posting the document in a prepaid envelope sent by security post or certified mail to the residence or usual place of business of the person intended to be served, to the Secretary at the registered office of the body corporate or of the office of the organisation or branch or, where the person, body corporate or organisation or branch has lodged an address for service, at that address.
(3) For the purposes of subrule (2):
“secretary”, in the case of a body corporate which is a body corporate established by a law of the Commonwealth or of a State or Territory of the Commonwealth, means the secretary, clerk or other proper officer of the body corporate; “registered office”, in relation to such a body corporate, means the principle office of the body corporate.
(4) Where service of a document is effected by posting the document to the person to whom it is directed, service of the document shall, unless the contrary is proved, be deemed to have been effected at the time when the letter containing the document would, in the ordinary course of post, be delivered at the address to which it is posted.
(5) In any proceeding, a certificate under the hand of—
(a) a person occupying or performing the duties of Chief General Manager, Australian Postal Commission; or
(b) a person authorised in writing by such a person to give certificates under this sub-rule;
stating that a letter posted (postage being prepaid) at a specified time, on a specified day, at a specified place and addressed to a specified address would, in the ordinary course of post, have been delivered at that address on a specified day is evidence of the facts stated.
(6) For the purposes of subrule (5), a document purporting to be a certificate referred to in that sub-rule shall, unless the contrary is proven, be deemed to be such a certificate and to have been duly given.
RULE 37 DIRECTIONS AS TO SERVICE
(1) Where provision is made for personal or other service of any document in proceedings before the Commission, the Commission or a member of the Commission may, on the application of a party in accordance with Form R10 supported by a written statement, subject to the Act, make such order for substituted or other service, or for the substitution, for the service otherwise required, of notice by letter, telegram, telex, facsimile transmission, public advertisement or otherwise, as it or the member thinks just for the purpose of bringing the document to the notice of the person to be served.
(2) Where the Commision or a member of the Commission orders that notice by letter, telegram, telex, facsimile transmission or public advertisement be substituted for the service otherwise required, the notice shall contain such particulars as the Commission or a member of the Commission directs.
RULE 38 APPROVED FORMS
The approved forms for the purposes of the undermentioned regulations are:
Regulation 16 | Application for a common rule | Form R11 |
Regulation 16 | Notice of application | Form R12 |
Regulation 18 | Notice of appearance | Form R13 |
Regulation 21 | Publication of notice for the purposes of paragraph 141 (4) (a) of the Act | Form R14 |
Regulation 22 | Variation of common rule—notice for the purposes of subsection 142 (3) of the Act | Form R15 |
Regulation 23 | Publication of notice for the purposes of subsection 142 (4) of the Act | Form R16 |
Regulation 24 | Notice for the purposes of subsection 142 (6) of the Act | Form R17 |
Regulation 33 | Application for registration—employers | Form R18 |
Regulation 33 | Application for registration—employees | Form R19 |
Regulation 39 | Application for change of name etc—section 190 of the Act | Form R20 |
Regulation 48 | Application for consent to change of name of organisation | Form R21 |
Regulation 48 | Application for consent to an alteration of eligibility rules | Form R22 |
Regulation 99 | Application for a conscientious objection certificate | Form R23 |
Regulation 100 | Application for renewal of a conscientious objection certificate | Form R24 |
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SCHEDULE
FORM R1 Rule 10
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPEAL UNDER SECTION 45
IN the matter of:
[insert the title of the matter and case number]
Notice of an appeal is given by [insert name of applicant] against [* the decision, award or order made or act or refusal or failure to make a decision or do an act] by [insert name of member of the Commission]
at on the day of ,
19 , in the abovementioned matter.
The grounds of this appeal are as follows:
[Set out in numbered paragraphs the grounds including particulars of the grounds upon which it is claimed that the matter is of such importance that, in the public interest, leave to appeal should be granted.]
* Application is also made for an order that the operation of [set out the whole or part of the award, order or decision] be stayed pending the determination of this appeal or until further order of the Full Bench.
Dated 19 .
………………………………
Signature of applicant
* omit if inapplicable.
————
FORM R2 Rule 12
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPEAL UNDER SECTION 81
IN the matter of:
[insert title of the matter the subject of this application.]
Notice of an appeal is given by [insert name of applicant] against [* the decision made or act
or the refusal or failure to make a decision or do an act] by [name of Registrar]
at on the day of ,
19 , in the abovementioned matter.
The grounds of this appeal are as follows:
[Set out in numbered paragraphs the grounds, including particulars of each ground.]
* Application is also made for an order that the operation of (set out the whole or any part of the decision or act concerned) be stayed pending the determination of this appeal or until further order of the Full Bench.
Dated 19 .
……….………………………
Signature of applicant
* omit if inapplicable.
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SCHEDULE—continued
FORM R3 Rules 13 and 14
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTIFICATION OF AN ALLEGED INDUSTRIAL DISPUTE
Under section 99 of the Industrial Relations Act 1988 [insert name of organisation or employer. or Minister] notifies you of the existence of an alleged industrial dispute between
[insert the names and addresses of all parties to the industrial dispute] concerning
[* insert the matters in dispute including any claims]
Awards binding on the parties to the dispute are
[insert the titles of the awards]
State whether industrial action has been taken, is being taken or is threatened.
[** The Commission is asked to deal with this matter on the basis of an earlier finding of dispute
in matter C No .]
Date 19 .
……………………………….
Signature of notifier
* The original and 4 copies of the notification of an alleged industrial dispute arising from the service of a log of claims should be accompanied by 4 copies of:
- the letter of demand;
- the log of claims;
- the list of persons served in accordance with the Rules of the Commission;
- a statement as to service by a person having knowledge of the facts; and
- a statement by an officer having knowledge of the facts and authorised for the purpose by the committee of management of the organisation serving the log of claims, that the letter of demand and log were served with the authority of the organisation.
** omit if inapplicable.
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SCHEDULE—continued
FORM R4 Rule 21
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
SUMMONS TO WITNESS
IN the matter of:
[insert the title of matter and case number]
To [insert name/s, addresses and positions of witness (es)]
You are summoned to attend before [insert name of member of the Commission]
At am/pm on the day of ,
19 at and so from day to day until the hearing of the
abovementioned matter is completed or until you are excused from further attendance, to give evidence on behalf of [insert name of party].
* You are required to bring with you and produce the following documents and other things: [Set out documents and other things required]
Date 19 .
………………………………………….
Member of Commission or Registrar
* omit if inapplicable.
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FORM R5 Rule 22
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR CONSENT AWARD
IN the matter of:
[insert the title of the matter and case number]
Application is made by [insert the names of the parties to the attached agreement] for the making of an award giving effect to the terms of the agreement reached by them in settlement (or in part settlement) of matters in dispute.
Dated 19 .
…………………………………….
Signature of applicants
Note: In respect of each organisation that is a party to the agreement, the application should be accompanied by one or other of the following written statements as is appropriate:
I am an officer of [insert name of organisation] and am authorised by the committee of management of the organisation to approve the principal terms of the attached agreement on its behalf and have approved those terms on its behalf.
…………………………..........
[Signature]
I am an officer of [insert name of organisation] authorised by the committee of management of the organisation to state that it has approved the principal terms of the attached agreement.
…………………………..........
[Signature]
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SCHEDULE—continued
FORM R6 Rule 23
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR CERTIFICATION OF AN AGREEMENT
IN the matter of:
[insert title of matter and case number (s)]
Application is made by [insert name of the parties to the agreement] for the certification of the attached memorandum of agreement reached in settlement (or part settlement) of the abovementioned matter.
Dated 19 .
……………………………………….
Signature(s) of applicant(s)
Note: In respect of each organisation that is a party to the agreement, the application should be accompanied by a statutory declaration as below:
I am a member of the committee of management of [insert name of organisation] authorised by the committee of management of the organisation to declare that it has approved the principal terms of the attached agreement.
…………………………..........
[Signature]
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FORM R7 Rule 24
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION TO SET ASIDE OR VARY AN AWARD
IN the matter of:
[insert the title of the award]
Application is made by [insert the name of the organisation or person] [* for the setting aside/
variation] of the abovementioned award.
[Set out the terms sought to be set aside or varied]
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds]
Dated 19 .
………………………………..
Signature of applicant
* omit if inapplicable
To the persons and organisations bound by the abovementioned award/certified agreement.
You are hereby notified that the abovementioned application will be heard by at [am/pm] on the day of 19 , at
and that you may appear and be heard at the time and place so fixed.
Dated 19 .
…………………………………..
Member of Commission or Registrar
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SCHEDULE—continued
FORM R8 Rule 26
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR A DECLARATION THAT A PARTY IS NO LONGER BOUND BY A CERTIFIED AGREEMENT
IN the matter of:
[insert title of certified agreement and case number.]
Application is made by [insert name of applicant] for a order declaring that [insert name of the party to be no longer bound] be no longer bound by the abovementioned agreement.
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds, including particulars of the industrial action taken in relation to a matter dealt with in the agreement and effect on the applicant and the grounds upon which the Commission may be satisfied that the making of the declaration would be in the public interest]
Dated 19 .
……………………………….
Signature of applicant
To the parties bound by the abovementioned agreement
You are hereby notified that the abovementioned application will be heard by at [am/pm] on the day of 19 , at and that you may appear and be heard at the time and place so fixed.
Dated 19 .
……………..……………….
Member of Commission or Registrar
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FORM R9 Rule 32
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR CANCELLATION OR SUSPENSION OF AN AWARD OR ORDER
IN the matter of:
[insert the title of the award or order]
Application is hereby made by [insert the name of the applicant] for the abovementioned award or order (or the following terms of the abovementioned award or order) to be cancelled or suspended.
[Set out. if necessary, the terms sought to be cancelled or suspended]
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds]
Dated 19 .
…………………………………
Signature of applicant
To
You are hereby notified that the abovementioned application will be heard by the Commission at [am/pm] on the day of 19 , at and that you may appear and be heard at the time and place so fixed.
Dated 19 .
……………………………………
Member of Commission or Registrar
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SCHEDULE—continued
FORM R10 Rule 37
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR AN ORDER FOR SUBSTITUTED SERVICE
IN the matter of:—
[insert the title of matter and case number]
Application is made by [insert name of applicant] for an order for substituted service for the service otherwise required by the Rules of the Australian Industrial Relations Commission in the above matter and that service upon the undermentioned parties be good and sufficient service and be effected by [set out method of service].
[set out names and addresses]
The grounds on which this application is made are as follows:
[Set out the grounds in numbered paragraphs, including particulars of the number of parties to the award and difficulties likely to be encountered in effecting prompt service to all those parties under the Rules of the Commission and details showing that the parties set out above or their representatives appeared when the award was previously before the Commission.]
Dated 19 .
………………………………
Signature of applicant
Note: The application should be supported by a written statement in the following terms:
I [insert name] am the [insert position held] of [insert name of organisation, company etc] and I am authorised to act in this matter.
………………………………
Signature of applicant
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FORM R11 Regulation 16
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR COMMON RULE
IN the matter of:
[insert title of award and case number]
Application is made by [insert name of applicant] for a declaration that the terms hereinafter mentioned be a common rule
* in the [insert name Territory] for the [insert name industry];
or
for the whole or a specified class of public sector employment named hereunder.
[Set out terms]
Dated 19 .
………………………………..
Signature of applicant
* omit if inapplicable.
—————
SCHEDULE—continued
FORM R12 Regulation 16
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPLICATION FOR COMMON RULE DECLARATION
IN the matter of:
[insert title of award and case number]
Notice is hereby given that [insert name of applicant] has made application for a declaration that the terms hereinafter mentioned be a common rule:
* in the [insert name Territory] for the [insert name industry]; or
for the whole or a specified class of public sector employment named hereunder.
A copy of the award may be inspected at the Australian Industrial Registry, (or at the following places) at free of charge.
The application will be heard at on the
day of 19 , before
If you desire to be heard on the hearing of the application, notice to that effect should be given to the Commission.
Persons and organisations not so appearing or represented will be bound by any declaration made by the Commission in the matter which is applicable to them. [Set out terms]
Dated 19 .
……………………………….
Registrar
* omit if inapplicable.
—————
FORM R13 Regulation 18
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPEARANCE TO OBJECT TO AN APPLICATION FOR COMMON RULE
IN the matter of:
[insert title of award and case number]
And in the matter of an application to declare the award [or part thereof] a common rule of the
[specify Territory and industry or whole (or class) of public sector employment].
Take notice that [insert name] claims to be interested in, and desires to be heard on the hearing of, the application in the above matter.
The objection relates to the following matters:
[Set out in numbered paragraphs the terms objected to and the grounds of objection.]
Dated 19 .
………………………………
Signature
—————
SCHEDULE—continued
FORM R14 Regulation 21
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPLICATION FOR COMMON RULE DECLARATION
IN the matter of:
[insert title of award and case number]
Notice is hereby given that [insert name of applicant] has made application for a declaration that the terms hereinafter mentioned be a common rule:
* in the [insert name Territory] for the [insert name industry];
or
for the whole or a specified class of public sector employment named hereunder.
A copy of the award may be inspected at the Australian Industrial Registry, (or at the following places) at free of charge.
The application will be heard at on the
day of 19 ,
before
If you desire to be heard on the hearing of the application, notice to that effect should be given to the Commission.
Persons and organisations not so appearing or represented will be bound by any declaration made by the Commission in the matter which is applicable to them. [Set out terms]
Dated 19 .
………………………………
Registrar
* omit if inappropriate.
—————
SCHEDULE—continued
FORM R15 Regulation 22
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF HEARING OF APPLICATION TO VARY A COMMON RULE AWARD
IN the matter of:
[insert title of award and case number]
AND in the matter of an application to vary the abovementioned award.
Notice is hereby given—
(a) that this matter involves the variation of the term [or each of the terms] of the above-mentioned award referred to in the Schedule below.
(b) that the term [or each of the terms] so referred to is [or are] a common rule of the [specify Territory and industry or whole [or specified class] of public sector employment, (as the case requires) ] and
(c) the matter will be heard at [am/pm] on
, 19 before
A copy of the award [or order] may be inspected at the Australian Industrial Registry at the following places at [address] free of charge.
SCHEDULE
TERMS TO BE VARIED
Clause No. | Subject | | Substance of variation |
|
Dated 19 .
………………………………….
Registrar
—————
SCHEDULE—continued
FORM R16 Regulation 23
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF VARIATION OF COMMON RULE AWARD
IN the matter of:
[insert title of award and case number]
[insert date of award etc.]
AND in the matter of the variation of the above award
Notice is hereby given
(a) that on 19 , the Commission varied the term [or terms] of the above-mentioned award referred to in the Schedule below
(b) that the variation will be a common rule of the [specify Territory and industry or whole (or specified class) of public sector employment (as the case requires)] with effect from 19 ;and
(c) that any organisation or person interested and having an objection to the variation binding that person or organisation and wanting to be heard in relation to the abovementioned variation is invited to lodge with the Commission a notice of that objection.
A copy of the award may be inspected at the office of the Australian Industrial Registry at [address] free of charge.
SCHEDULE
TERMS TO BE VARIED
Print Number
Clause No. | Subject | Substance of variation |
|
Dated 19 .
………………………………..
Registrar
—————
SCHEDULE—continued
FORM R17 Regulation 24
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
DECLARATION OF COMMON RULE APPLICATION NOT BINDING ON ORGANISATION OR PERSON
IN the matter of:
[insert title of award and case number]
AND in the matter of the variation of the abovementioned award
Notice is hereby given
(a) that, on 19 . the Commission varied the term [or terms] of the above-mentioned award referred to in the Schedule below;
(b) that the variation is [or will be] a common rule of the [specify Territory and industry or whole (or specified class) of public sector employment, (as the case requires)] with effect from 19 ; and
(c) that, on 19 , the Commission has, in accordance with sub-section 142 (6) of the Industrial Relations Act 1988, declared that the variation (or part thereof) is not binding on [name of person or organisation].
SCHEDULE
TERMS VARIED
Print Number
Clause No. | Subject | Substance of variation |
|
Dated 19 .
………………………………
Registrar
—————
SCHEDULE—continued
FORM R18 Regulation 33
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION BY AN ASSOCIATION OF EMPLOYERS FOR REGISTRATION AS AN ORGANISATION
We [insert full names, addresses and occupations of applicants] hereby make application for the registration of an association of employers called [insert name of the association] the office of which is situated at [insert address of the office of the association] as an organisation under the Industrial Relations Act 1988 and we state as follows:
1. that the association meets the criteria required by paragraphs 189 (1) (a), (b) and (e)-(j) inclusive of the Act; [Set out in respect of each of the paragraphs the grounds on which the association relies]
2. that the eligibility rules of the association are: [insert the rules of the association that relate to the conditions of eligibility for membership and the description of the industry (if any) in connection with which the association is proposed to be registered]; and
3. that we, the applicants, are officers of the association, and are authorised to make this application.
Dated 19 .
………………………..…………..
Signatures of applicants* Offices held
[*N.B. this application should be signed by the officers of the association who sign the statutory declaration required by paragraph 33 (1) (b) of the Regulations]
—————
FORM R19 Regulation 33
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION BY AN ASSOCIATION OF EMPLOYEES FOR REGISTRATION AS AN ORGANISATION
We [insert full names, addresses and occupations of applicants] hereby make application for the registration of an association of employees called [insert name of the association] the office of which is situated at [insert address of the office of the association] as an organisation under the Industrial Relations Act 1988, and we state as follows:
1. that the association meets the criteria required by paragraphs 189 (1) (a) and (c)-(j) inclusive of the Act; [Set out in respect of each of the paragraphs the grounds on which the association relies]
2. that the eligibility rules of the association are: [insert the rules of the association that relate to the conditions of eligibility for membership and the description of the industry (if any) in connection with which the association is proposed to be registered]; and
3. that we, the applicants, are officers of the association, and are authorised to make this application.
Dated 19 .
……………..………………………….
Signatures of applicants* Offices held
[*N.B. this application should be signed by the officers of the association who sign the statutory declaration required by paragraph 33 (1) (b) of the Regulations]
—————
SCHEDULE—continued
FORM R20 Regulation 39
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR LEAVE TO CHANGE NAME*/AND TO ALTER RULES*
The [insert name of association], which has applied for registration as an organisation, hereby applies to the designated Presidential Member for leave to change its name*/to alter its rules*/to change its name and alter its rules* to enable it to comply with the Act*/and to remove a ground of objection taken by an objector under the Regulations*/and by the Presidential Member*. Particulars of the proposed change of name*/and alterations of the rules* are as follows: [Set out text of proposed change or alterations.]
Dated 19 .
……………………………….
Signature
* Omit if inapplicable
—————
FORM R21 Regulation 48
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR CONSENT TO THE CHANGE OF NAME OF AN ORGANISATION
Application is made by [insert name of organisation] for consent to the change of the name of the
said organisation to [set out proposed new name.]
The nature and effect of the change are as follows:
[Set out in numbered paragraphs the nature and effect.]
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds.]
Dated 19 .
………………………………….
Signatures*
[or Common Seal]*
[* N.B. an application shall be sealed with the common seal of the organisation or be signed by 2 officers of the organisation who are authorised by the organisation to sign the application.]
—————
SCHEDULE—continued
FORM R22 Regulation 48
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR CONSENT TO THE ALTERATION OF ELIGIBILITY RULES OF AN ORGANISATION
Application is made by (insert name of organisation] for consent to the alteration of the eligibility rules of the organisation from the following: [insert present rules that relate to the conditions of eligibility for membership and the description of industry (if any) in connection with which the organisation is registered).
to the following: [insert proposed rules that relate to the conditions of eligibility for membership and the description of industry (if any) in connection with which the organisation is registered.]
1. The nature and effect of the alteration are as follows:
[Set out in numbered paragraphs the nature and effect.]
2. The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds]
Dated 19 .
……………………………….
Signatures*
[or Common Seal]*
[* N.B. an application shall be sealed with the common seal of the organisation or be signed by 2 officers of the organisation who are authorised by the organisation to sign the application.]
—————
FORM 23 Regulation 99
Industrial Relations Act 1988
APPLICATION FOR CERTIFICATE UNDER SECTION 267
I, [insert full name]
of [insert private address]
[Telephone Nos. Business Home ] apply under section 267 of the Industrial Relations Act 1988, for a certificate to the effect that my conscientious beliefs do not allow me to be a member of an association of a kind described in paragraph 188 (1) (a) or 188 (1) (b) of the Act.
My occupation is
The name and address of my business/employer* is
The grounds on which my application is made are as follows:
[Set out in numbered paragraphs the grounds and particulars]
I attach a statutory declaration verifying the information stated in this application.
Dated 19 .
……………………………….
Signature of applicant
*omit if inapplicable.
—————
SCHEDULE—continued
FORM R24 Regulation 100
Industrial Relations Act 1988
APPLICATION FOR RENEWAL OF CERTIFICATE UNDER SECTION 267
I, [insert full name]
of [private address]
[Telephone Nos. Business Home ] apply for the renewal of the certificate of conscientious objection issued to me under subsection 267 (1) of the Industrial Relations Act 1988.
My occupation is
The name and address of my business/employer* is
The grounds on which my application is made are as follows:
[Set out in numbered paragraphs the grounds and particulars]
I attach a statutory declaration verifying the information stated in this application.
Dated 19 .
…………………………………
Signature of applicant
* omit if inapplicable.
NOTE
1. Notified in the Commonwealth of Australia Gazette on 22 March 1989.
