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SR 2003 No. 298 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 HR01-Dec-2003
Tabled Senate01-Dec-2003
Gazetted 26 Nov 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Repealed by Employment (Spent and Redundant Instruments) Repeal Regulation 2014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. 4)1

Statutory Rules 2003 No. 2982

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

Dated 24 November 2003

G. M. GIUDICE

President


1              Name of Rules

                These Rules are the Australian Industrial Relations Commission Amendment Rules 2003 (No. 4).

2              Commencement

                These Rules commence on 27 November 2003.

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]           Subrule 37 (2)

omit

regulation 30BD,

insert

section 170CEAA of the Act,

[2]           Paragraph 70A (2) (a)

omit

http://www.airc.gov.au/lodgement

insert

http://www.airc.gov.au

[3]           Schedule 1, Form R18, preamble, fourth dot point

substitute

·             section 170CEAA of the Workplace Relations Act 1996 requires a fee of $50 to be paid on lodgment of this application with the Commission unless a Registrar is satisfied that the applicant will suffer serious hardship if he or she pays the fee. The $50 lodgment fee is refundable under certain circumstances (see subsection 170CEAA (8)).

[4]           Schedule 1, Form R18, item 21

omit

the CES

insert

Centrelink

[5]           Schedule 1, Form R18, item headed ‘Fee’

omit

Regulation 30BD of the Workplace Relations Regulations 1996

insert

Section 170CEAA of the Workplace Relations Act 1996

[6]           Schedule 1, Form R18, item headed ‘Fee’

before

o            cash

insert

If an application is lodged by facsimile transaction, credit card details must be provided for payment of the fee (if any).

If an application is lodged electronically in accordance with Rule 70A, credit card details must not be provided on this form. Payment of the fee (if any) can only be made via the Commission’s Internet page at http://www.airc.gov.au

[7]           Schedule 1, Form R18, item headed ‘Fee’

omit

Any refund of the lodgement fee (see subregulation 30BD (3)) should be forwarded to the applicant at the following address:

 

Suburb/town:                  Postcode:

insert

Any refund of the lodgement fee (see subsection 170CEAA (8)) will be forwarded to the applicant at the address nominated in item 20.

[8]           Schedule 1, Form R19, preamble

omit

         (2)   As soon as practicable after so deciding and before terminating an employee’s employment because of the decision, the employer must give to the Commonwealth Employment Service a written notice of the intended terminations that set out:

insert

         (2)   As soon as practicable after so deciding and before terminating an employee’s employment because of the decision, the employer must give to the body (if any) prescribed by regulations made for this subsection or, failing the prescription of such a body, to the Secretary of the Department, a written notice of the intended terminations, in a form prescribed by the regulations, that sets out:

[9]           Schedule 1, Form R19, preamble, fourth dot point

omit

Regulation 30BD

insert

Section 170CEAA of the Workplace Relations Act 1996

[10]         Schedule 1, Form R19, item headed ‘FEE’

omit

Regulation 30BD

insert

Section 170CEAA of the Workplace Relations Act 1996

[11]         Schedule 1, Form R20, preamble, third dot point

omit

Regulation 30BD

insert

Section 170CEAA of the Workplace Relations Act 1996

[12]         Schedule 1, Form R20, item headed ‘FEE’

omit

Regulation 30BD

insert

Section 170CEAA of the Workplace Relations Act 1996

[13]         Schedule 1, Form R21, item headed ‘Dismissal for want of jurisdiction (if applicable)’

omit

Examples

Examples of jurisdictional grounds on which an employer may move for the dismissal of the application (see sections 170CC and 170CE (5A) Workplace Relations Act 1996 and regulations 30B and 30BB Workplace Relations Regulations 1996) are as follows:

·             In the case of an employee who had commenced employment on or after 30 August 2001, the applicant had not completed the qualifying period of employment (see ss 170CE (5A)).

insert

Examples

Examples of jurisdictional grounds on which an employer may move for the dismissal of the application (see sections 170CBA, 170CC and subsection 170CE (5A) Workplace Relations Act 1996 are as follows:

·             The applicant had not completed the qualifying period of employment (see subsection 170CE (5A)).

[14]         Schedule 1, Form R21, item headed ‘Dismissal for want of jurisdiction (if applicable)’, second dot point

omit

(see paragraph 30B (1) (a)).

insert

(see paragraph 170CBA (1) (a)).

[15]         Schedule 1, Form R21, item headed ‘Dismissal for want of jurisdiction (if applicable)’, third dot point

omit

(see paragraph 30B (1) (b)).

insert

(see paragraph 170CBA (1) (b)).

[16]         Schedule 1, Form R21, item headed ‘Dismissal for want of jurisdiction (if applicable)’, fourth dot point

substitute

·             The applicant was serving a period of probation, the duration or maximum duration of which was determined in advance and was 3 months or less, or otherwise reasonable given the nature and circumstances of the employment (see paragraph 170CBA (1) (c)).

[17]         Schedule 1, Form R21, item headed ‘Dismissal for want of jurisdiction (if applicable)’, fifth dot point

substitute

·             The applicant was a casual employee engaged for a short period.

A casual employee is taken to be engaged for a short period unless:

(a)     (i)     the employee is engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months; or

         (ii)     the employee was engaged on a regular and systematic basis for a sequence of periods during a period of employment totalling at least 12 months but ceased to be so engaged, on the employer’s initiative, at the end of the first period of employment of less than 12 months, and then within 3 months after the end of the first period was engaged again for a further sequence of periods of employment; and

(b)      the employee has, or but for a decision by the employer to terminate the employee’s employment, would have had, a reasonable expectation of continuing employment by the employer.

(see paragraph 170CBA (1) (d), subsections 170CBA (3) and (3A)).

[18]         Schedule 1, Form R21, item headed ‘Dismissal for want of jurisdiction (if applicable)’, sixth dot point

omit

(see paragraph 30B (1) (e)).

insert

(see paragraph 170CBA (1) (e)).

[19]         Schedule 1, Form R21, item headed ‘Dismissal for want of jurisdiction (if applicable)’, seventh dot point

omit

($81 500, July 2002) (see paragraph 30B (1) (f)).

insert

($85 400, July 2003) (see paragraph 170CBA (1) (f)).

[20]         Schedule 1, Form R28, item 7.4

omit

q            No reduction at all; or

q            Specify relevant clauses:

[21]         Schedule 1, Form R28B, item 6.5

omit

q            No reduction at all; or

q            Specify relevant clauses:

[22]         Schedule 1, Form R30, item 6.4

omit

q            No reduction at all; or

q            Specify relevant clauses:

[23]         Schedule 1, Form R32, item 6.4

omit

q            No reduction at all; or

q            Specify relevant clauses:

[24]         Schedule 1, Form R58

omit

If you desire to be heard on the hearing of the application, notice to that effect must 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.

insert

Any person or organisation seeking to be heard at the hearing of the application must, at least 3 days before the hearing date, file with the Australian Industrial Registry at [address], or at the office of the Australian Industrial Registry in any capital city, a notice in accordance with Form R57; and shall, as soon as is practicable before the hearing, serve a copy of the notice on the applicant. 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.

[25]         Schedule 1, Form R62, note

substitute

*Note   This application must be signed by at least 2 persons authorised to sign the application and must contain the declaration required by paragraph 21 (1) (b) of the RAO Regulations.

[26]         Schedule 1, Form R63, note

substitute

*Note   This application must be signed by at least 2 persons authorised to sign the application and must contain the declaration required by paragraph 21 (1) (b) of the RAO Regulations.

[27]         Schedule 1, Form R64, note

substitute

*Note   This application must be signed by at least 2 persons authorised to sign the application and must contain the declaration required by paragraph 21 (1) (b) of the RAO Regulations.

[28]         Schedule 1, Form R65A, note

omit

be accompanied by

insert

contain

[29]         Schedule 1, Form R65C, note

omit

be accompanied by

insert

contain

[30]         Schedule 1, Form R66, note

omit

be accompanied by

insert

contain

[31]         Schedule 1, Form R67, note

omit

be accompanied by

insert

contain

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 Nos. 6, 7 and 86.

2.       Notified in the Commonwealth of Australia Gazette on 26 November 2003.