Federal Register of Legislation - Australian Government

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SR 2003 No. 7 Rules/Court & Tribunal Rules as made
These Rules amend the Australian Industrial Relations Commission Rules 1998.
Administered by: Education, Employment and Workplace Relations
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR03-Mar-2003
Tabled Senate03-Mar-2003
Gazetted 24 Feb 2003
Date of repeal 19 Mar 2014
Repealed by Employment (Spent and Redundant Instruments) Repeal Regulation 2014

Australian Industrial Relations Commission Amendment Rules 2003 (No. 2)1

Statutory Rules 2003 No. 72

I, GEOFFREY MICHAEL GIUDICE, President of the Australian Industrial Relations Commission, having consulted with members of the Commission, make the following Rules under the Workplace Relations Act 1996.

Dated 17 February 2003

G. M. GIUDICE

President


1              Name of Rules

                These Rules are the Australian Industrial Relations Commission Amendment Rules 2003 (No. 2).

2              Commencement

                These Rules commence on gazettal.

3              Amendment of Australian Industrial Relations Commission Rules 1998

                Schedule 1 amends the Australian Industrial Relations Commission Rules 1998.


Schedule 1        Amendments

(rule 3)

  

[1]           After subrule 60 (1)

insert

      (1A)   However, if subsection 170MW (8A) of the Act applies to the application, the application must be in accordance with Form R42A.

[2]           After rule 60

insert

60A         Application to prevent the initiation of a new bargaining period

         (1)   An application under subsection 170MWA (4) or (5) of the Act must be in accordance with Form R42B.

         (2)   The applicant must serve a copy of the application on the other former negotiating parties.

         (3)   On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to the former negotiating parties.

[3]           Schedule, after Form R42

insert

Form R42A        Application to suspend or terminate bargaining period applying to a specified business

(rule 60)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

APPLICATION TO SUSPEND OR TERMINATE BARGAINING PERIOD APPLYING TO A SPECIFIED BUSINESS

IN the matter of a bargaining period between [names of negotiating parties].

Application is made by [name of applicant] under subsection 170MW (8A) of the Act for an order of the Commission to suspend or terminate whatever bargaining periods apply to [name of specified business, or any part of that business, or a specified part of a specified business].

The grounds on which this application is made are as follows:

          [Set out in numbered paragraphs the grounds and particulars of the grounds]

 

 

Dated                                      20  .

 

[Signature of applicant]

Form R42B        Application to prevent the initiation of a new bargaining period

(rule 60A)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

APPLICATION TO PREVENT THE INITIATION OF A NEW BARGAINING PERIOD

(Subsection 170MWA (4) or (5))

IN the matter of a former bargaining period between [names of former negotiating parties] arising in matter [the former bargaining period case number].

Application is made by [name of applicant] for an order of the Commission to not allow the initiation of a new bargaining period or to attach conditions to any new bargaining period.

The grounds on which this application is made are as follows:

          [Set out in numbered paragraphs the grounds and particulars of the grounds, including the basis upon which the application is made under subsection 170MWA (4) or (5)]

 

 

Dated                                      20  .

 

[Signature of applicant]

 

 

[Copy of the notice under paragraph 170MV (b) should be attached.]


Notes

1.       These Rules amend Statutory Rules 1998 No. 1, as amended by 1999 Nos. 1, 71 and 276; 2000 No. 170; 2001 Nos. 39, 101 and 332; 2003 No. 6.

2.       Notified in the Commonwealth of Australia Gazette on 24 February 2003.