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SR 2004 No. 280 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 Senate30-Aug-2004
Tabled HR16-Nov-2004
Gazetted 26 Aug 2004
Date of repeal 19 Mar 2014
Repealed by Employment (Spent and Redundant Instruments) Repeal Regulation 2014

Australian Industrial Relations Commission Amendment Rules 2004 (No. 2)1

Statutory Rules 2004 No. 2802

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 20 August 2004

G. M. GIUDICE

President


1              Name of Rules

                These Rules are the Australian Industrial Relations Commission Amendment Rules 2004 (No. 2).

2              Commencement

                These Rules commence on the date of their notification in the Gazette.

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 Rule 51

insert

51A         Application for an order about the extent to which successor employer is bound by certified agreement

         (1)   An application under section 170MBA of the Act must be in accordance with Form R33A.

         (2)   The applicant must lodge with the application a statutory declaration in accordance with Form R33B made by a person authorised by the applicant to do so.

         (3)   Upon or before lodging the application, the applicant must give written notice of the application to persons or organisations as determined by subsection 170MBA (8) of the Act.

         (4)   On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice of the time and place so fixed to any persons or organisations, as the Commission directs.

[2]           Schedule 1, Form R28

substitute

Form R28     Statutory declaration in respect of an application under Division 2 of Part VIB for certification of an agreement that applies only to a single business or part of a single business

(rule 48)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

STATUTORY DECLARATION IN RESPECT OF AN APPLICATION UNDER DIVISION 2 OF PART VIB FOR CERTIFICATION OF AN AGREEMENT THAT APPLIES ONLY TO A SINGLE BUSINESS OR PART OF A SINGLE BUSINESS

(SECTION 170LJ AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND AN ORGANISATION OR ORGANISATIONS OF EMPLOYEES)

An original and one copy of the signed statutory declaration must be lodged with the application at an office of the Australian Industrial Registry in a State or Territory.

Each party to the agreement must complete a separate statutory declaration.

The application must be accompanied by:

·         an original of the written agreement signed by the parties to the agreement,

·         three copies of the agreement for the use of the Industrial Registry, and

·         sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission.

The responses to all questions and requests for information must appear in the right column. If the space provided is insufficient, attach a separate sheet clearly marked with the relevant paragraph number.

I, [name], of [address], [occupation], on whose behalf this statutory declaration is made, do solemnly and sincerely declare as follows:

 

TITLE OF AGREEMENT
(specify name of agreement)

 

Part 1:        About the single business

1.1   What is the name of the employer?

 

1.2   What is the name and address of the single business or part of the single business of the employer covered by the agreement?

 

1.3   What is the work or employment in that single business or part of the single business to which the agreement is expressed to apply?

 

1.4   Answer this question only if this agreement applies to a part of a single business, as defined in subsection 170LB (3) of the Act.

 

Is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?

q   YES

q    NO

If NO, indicate the grounds why the Commission should not consider that:

   (i)  the agreement defines that part of the single business in a way that results in the agreement not covering employees whom it would be reasonable for the agreement to cover (see s 170LU (8));

and

  (ii)  it is not unfair for the agreement not to cover those employees (see s 170LU (8))

Part 2:        About the Jurisdictional Basis of the application

2.1   State the basis on which the application is made under Division 2 of Part VIB of the Act (tick one only).

q   The employer(s) is a constitutional corporation) (If yes, specify ACN or source of corporate status)

q   The agreement is about matters pertaining to the relationship between:

   (a)  an employer (within the meaning of Part XV, Matters referred by Victoria) in Victoria who is carrying on a single business or part of a single business; and

  (b)  employees (within the meaning of Part XV) in Victoria employed in the single business or part? (see s 494 (2))

 

q   The employer is the Commonwealth

q   The agreement is about matters pertaining to the relationship between an employer who is carrying on a single business or part of a single business in a Territory and employees employed in that single business or part? (see s 5AA (2))

q   Other (please specify)

Part 3:        About the Employer(s) party to the agreement

3.1   Full name and address of employer(s) including any trading name.

 

3.2   State the contact person for receipt of hearing details concerning the application (the person authorised by the employer(s) to speak about the agreement on behalf of the employer(s)).

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 4:        About the Employee Organisation(s) party to the Agreement

4.1   Name(s) of organisation(s) of employees that is/are party to this agreement.

 

4.2   For each organisation of employees party to the agreement, state the contact person for receipt of hearing details concerning the application (the person authorised by the organisation to speak about the agreement on behalf of the organisation).

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 5:        Involvement of Employee Organisations

5.1   In relation to each organisation of employees party to the agreement, state whether each organisation has at least 1 member employed in the single business or part of the single business whose employment will be subject to the agreement.

q   YES

q   NO

If NO, specify the organisation(s) which do not have at least 1 such member:

 

5.2   State whether each organisation is entitled to represent the industrial interests of its member(s) in relation to work which is the subject of the agreement (see s 170LJ (1) (b)).

q   YES

q   NO

If NO, specify the organisation(s) which is/are not entitled to represent member(s):

Part 6:        About the Employees

6.1   State whether the agreement was genuinely approved by a valid majority of persons employed at the time whose employment will be the subject of the agreement (see ss 170LE, 170LJ (2) and 170LT (5)).

q   Agreement was genuinely approved by a valid majority of employees

q   Agreement was not genuinely approved by a valid majority of employees

6.2   Specify the date the agreement was approved by a valid majority of employees.

Note   The application to the Commission to certify the agreement must be made no later than 21 days after this date.

 

6.3   State the total number of employees covered by the agreement.

 

Of the total number, how many employees are:

Women?

Persons from a non-English speaking background?

Under the age of 21 years?

Aboriginal or Torres Strait Islanders?

Disabled persons?

Part-time employees?

Casual employees?

6.4   Specify the steps the employer took (at least 14 days before any approval was given), to ensure that every person employed at the time whose employment will be subject to the agreement either had or had ready access to the agreement in writing (see s 170LJ (3) (a)).

Note   These steps must include the date the employees either first had or had ready access to the agreement in writing.

 

6.5   Specify the steps taken by the employer (before approval was given) to explain the terms of the agreement to employees subject to it (see s 170LJ (3) (b)).

 

6.6   Specify the manner in which the explanation of the terms of the agreement to the persons subject to it took place in ways that were appropriate having regard to the persons’ particular circumstances and needs (For example, where the persons include women, persons from a non-English speaking background or young persons) (see s 170LT (7)).

 

6.7   Specify the steps taken by the employer to give all employees employed at a particular time whose employment is or will be subject to the agreement a reasonable opportunity to decide whether they want to give approval to the agreement (see s 170LE (c)).

 

Part 7:        About the Agreement

7.1   Specify the relevant awards (including State awards) which regulate the terms and conditions of employment of employees covered by the agreement.

A relevant award is one which:

   (a)  regulates any term or condition of employment of persons engaged in the same kind of work as that of employees under the agreement; and

  (b)  expected to be binding on the employer immediately before the initial day (that is, the day on which the agreement is certified by the Commission) (see ss 170X and 170XA).

 

7.2   To be answered only if there is no relevant award.

Specify whether application has been made under section 170XF for a determination of the award(s) which is/are designated appropriate for the purpose of deciding whether the agreement passes the no‑disadvantage test.

 

7.3   Have the terms and/or conditions prescribed by any relevant award, designated award or laws of the Commonwealth, a State or Territory of any employees covered by the agreement been reduced?

[If you answered NO, proceed to 7.7.1]

q   YES       q   NO

7.4   To be answered only if you answered YES to 7.3.

Specify the terms and/or conditions that were reduced, the employees affected and the specific clauses in the agreement that bring about the reductions.

 

 

7.5   To be answered only if you answered YES to 7.3.

By referring to specific clauses in the agreement, specify any terms and conditions which may result, on balance, in no reduction in the overall terms and conditions.

Indicate whether all or only some of the employees are affected.

If only some employees are affected, specify which ones.

 

7.6   To be answered only if certification would result in a reduction in the overall terms and conditions of employees covered by the agreement.

Indicate why the Commission should be satisfied that certifying the agreement is not contrary to the public interest (see s 170LT (2) and (3)).

 

7.7.1   Specify the clause which provides procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement about matters arising under the agreement (see s 170LT (8)).

 

7.7.2   Does the clause specified empower the Commission to:

 

·     settle disputes over the application of the agreement?

q   YES         q   NO

·     appoint a board of reference, as described in section 131, for the purpose of settling such disputes?

q   YES         q   NO

7.8   Specify the clause which provides for the nominal expiry date of the agreement.

Note   This date must not be more than 3 years after the date on which the agreement will come into operation (see s 170LT (10)).

 

7.9   To be answered only if the agreement replaces another certified agreement.

Specify the title of the certified agreement to be replaced.

 

7.10   To be answered only if the agreement has ended a bargaining period (see s 170MV (a)).

State the bargaining case number(s) of the bargaining period(s) ended.

 

 


BP No _______________of _________

SIGNATURE

I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

[signature of person making the declaration]

Declared at [place] on [date]

Before me,

[signature of person before whom the declaration is made]

[title of person before whom the declaration is made]

[3]           Schedule 1, Form R28B

substitute

Form R28B  Statutory declaration in respect of an application under Division 2 of Part VIB for certification of an agreement that applies only to a single business or part of a single business

(rule 48A)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

STATUTORY DECLARATION IN RESPECT OF AN APPLICATION UNDER DIVISION 2 OF PART VIB FOR CERTIFICATION OF AN AGREEMENT THAT APPLIES ONLY TO A SINGLE BUSINESS OR PART OF A SINGLE BUSINESS

(SECTION 170LL GREENFIELDS AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND AN ORGANISATION OR ORGANISATIONS OF EMPLOYEES)

An original and one copy of the signed statutory declaration must be lodged with the application at an office of the Australian Industrial Registry in a State or Territory.

Each party to the agreement must complete a separate statutory declaration.

The application must be accompanied by:

·         an original of the written agreement signed by the parties to the agreement,

·         three copies of the agreement for the use of the Industrial Registry, and

·         sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission.

The responses to all questions and requests for information must appear in the right column. If the space provided is insufficient, attach a separate sheet clearly marked with the relevant paragraph number.

I, [name], of [address], [occupation], on whose behalf this statutory declaration is made, do solemnly and sincerely declare as follows:

TITLE OF AGREEMENT (specify name of agreement)

 

Part 1:        About the single business

1.1   What is the name of the employer?

 

1.2   What is the name and address of the single business or part of the single business of the employer covered by the agreement?

 

1.3   What is the work or employment in that single business or part of the single business to which the agreement is expressed to apply?

 

1.4   Indicate the basis on which the Commission should consider the business is a new business that the employer proposes to establish and that the agreement is made before the employment of any persons whose employment will be subject to the agreement (a greenfields agreement).

 

1.5   Answer this question only if this agreement applies to a part of a single business, as defined in subsection 170LB (3) of the Act.

 

Is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?

q     YES

q    NO

If NO, indicate the grounds why the Commission should not consider that:

   (i)  the agreement defines that part of the single business in a way that results in the agreement not covering employees whom it would be reasonable for the agreement to cover (see s 170LU (8));

and

  (ii)  it is not unfair for the agreement not to cover those employees (see s 170LU (8))

Part 2:        About the Jurisdictional Basis of the application

2.1   State the basis on which the application is made under Division 2 of Part VIB of the Act (tick one only).

q    The employer(s) is a constitutional corporation) (If yes, specify ACN or source of corporate status)

q    The agreement is about matters pertaining to the relationship between:

   (a)  an employer (within the meaning of Part XV, Matters referred by Victoria) in Victoria who is carrying on a single business or part of a single business; and

  (b)  employees (within the meaning of Part XV) in Victoria employed in the single business or part (see s 494 (2))

 

q    The employer is the Commonwealth

q   The agreement is about matters pertaining to the relationship between an employer who is carrying on a single business or part of a single business in a Territory and employees employed in that single business or part (see s 5AA (2))

q   Other (please specify)

Part 3:        About the Employer(s) party to the agreement

3.1   Full name and address of employer(s) including any trading name.

 

3.2   State the contact person for receipt of hearing details concerning the application (the person authorised by the employer(s) to speak about the agreement on behalf of the employer(s)).

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 4:        About the Employee Organisation(s) party to the Agreement

4.1   Name(s) of organisation(s) of employees that is/are party to this agreement.

 

4.2   For each organisation of employees party to the agreement, state the contact person for receipt of hearing details concerning the application (the person authorised by the organisation to speak about the agreement on behalf of the organisation).

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 5:        Involvement of Employee Organisations

5.1   In relation to each organisation of employees party to the agreement, state whether each organisation is entitled to represent the industrial interests of its member(s) in relation to work which is the subject of the agreement (see s 170LL (2).

q     YES

q     NO

If NO, specify the organisation(s) which is/are not entitled to represent member(s):

 

Part 6:        About the Agreement

6.1   Specify the date the agreement was made.

Note   The application to the Commission to certify the agreement must be made no later than 21 days after this date.

 

6.2   Specify the relevant awards (including State awards) which regulate the terms and conditions of employment of employees covered by the agreement.

A relevant award is one which:

   (a)  regulates any term or condition of employment of persons engaged in the same kind of work as that of employees under the agreement; and

  (b)  expected to be binding on the employer immediately before the initial day (that is, the day on which the agreement is certified by the Commission) (see ss 170X and 170XA).

 

6.3   To be answered only if there is no relevant award.

Specify whether application has been made under section 170XF for a determination of the award(s) which is/are designated appropriate for the purpose of deciding whether the agreement passes the
no-disadvantage test.

 

6.4   Have the terms and/or conditions prescribed by any relevant award, designated award or laws of the Commonwealth, a State or Territory of any employees covered by the agreement been reduced?

[If you answered NO, proceed to 6.8.1]

q   YES       q   NO

6.5   To be answered only if you answered YES to 6.4.

Specify the terms and/or conditions that were reduced, the employees affected and the specific clauses in the agreement that bring about the reductions.

 

6.6   To be answered only if you answered YES to 6.4.

By referring to specific clauses in the agreement, specify any terms and conditions which may result, on balance, in there being no reduction in the overall terms and conditions.

Indicate whether all or only some of the employees are affected.

If only some employees are affected, specify which ones.

 

6.7   To be answered only if certification would result in a reduction in the overall terms and conditions of employees covered by the agreement.

Indicate why the Commission should be satisfied that certifying the agreement is not contrary to the public interest (see s 170LT (2) and (3).

 

6.8.1   Specify the clause which provides procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement about matters arising under the agreement (see s 170LT (8)).

 

6.8.2   Does the clause specified empower the Commission to:

 

·     settle disputes over the application of the agreement?

·     appoint a board of reference, as described in section 131, for the purpose of settling such disputes?

q   YES         q   NO

q   YES         q   NO

6.9   Specify the clause which provides for the nominal expiry date of the agreement.

Note   This date must not be more than 3 years after the date on which the agreement will come into operation (see s 170LT (10)).

 

6.10   To be answered only if the agreement has ended a bargaining period (see s 170MV (a)).

State the bargaining case number(s) of the bargaining period(s) ended.

 

 


BP No ______________of _________

SIGNATURE

I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

[signature of person making the declaration]

Declared at [place] on [date]

Before me,

[signature of person before whom the declaration is made]

[title of person before whom the declaration is made]

[4]           Schedule 1, Form R30

substitute

Form R30     Statutory declaration in respect of an application under Division 2 of Part VIB for certification of an agreement that applies only to a single business or part of a single business

(rule 49)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

STATUTORY DECLARATION IN RESPECT OF AN APPLICATION UNDER DIVISION 2 OF PART VIB FOR CERTIFICATION OF AN AGREEMENT THAT APPLIES ONLY TO A SINGLE BUSINESS OR PART OF A SINGLE BUSINESS

(SECTION 170LK AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND EMPLOYEES)

An original and one copy of the signed statutory declaration must be lodged with the application at an office of the Australian Industrial Registry in a State or Territory.

Each party to the agreement must complete a separate statutory declaration.

The application must be accompanied by:

·         an original of the written agreement signed by the parties to the agreement,

·         three copies of the agreement for the use of the Industrial Registry, and

·         sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission.

The responses to all questions and requests for information must appear in the right column. If the space provided is insufficient, attach a separate sheet clearly marked with the relevant paragraph number.

I, [name], of [address], [occupation], on whose behalf this statutory declaration is made, do solemnly and sincerely declare as follows:

TITLE OF AGREEMENT (specify name of agreement)

 

Part 1:        About the single business

1.1   What is the name of the employer?

 

1.2   What is the name and address of the single business or part of the single business of the employer covered by the agreement?

 

1.3   What is the work or employment in that single business or part of the single business to which the agreement is expressed to apply?

 

1.4   Answer this question only if this agreement applies to a part of a single business, as defined in subsection 170LB (3) of the Act.

 

Is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?

q     YES

q     NO

If NO, indicate the grounds why the Commission should not consider that:

   (i)  the agreement defines that part of the single business in a way that results in the agreement not covering employees whom it would be reasonable for the agreement to cover (see s 170LU (8))

and

  (ii)  it is not unfair for the agreement not to cover those employees (see s 170LU (8))

Part 2:        About the Jurisdictional Basis of the application

2.1   State the basis on which the application is made under Division 2 of Part VIB of the Act (tick one only).

q    The employer(s) is a constitutional corporation) (If yes, specify ACN or source of corporate status)

q    The agreement is about matters pertaining to the relationship between:

   (a)  an employer (within the meaning of Part XV, Matters referred by Victoria) in Victoria who is carrying on a single business or part of a single business; and

  (b)  employees (within the meaning of Part XV) in Victoria employed in the single business or part (see s 494 (2))

 

q    The employer is the Commonwealth

q    The agreement is about matters pertaining to the relationship between an employer who is carrying on a single business or part of a single business in a Territory and employees employed in that single business or part (see s 5AA (2))

q    Other (please specify)

Part 3:        About the Employer(s) party to the agreement

3.1   Full name and address of employer(s) including any trading name.

 

3.2   State the contact person for receipt of hearing details concerning the application (the person authorised by the employer(s) to speak about the agreement on behalf of the employer(s)).

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 4:        Involvement by any Employee representatives

4.1   Was the agreement negotiated with an employee acting on his or her own behalf and on behalf of other employees?

q    YES

q    NO

If YES, indicate the facts which establish a basis for the Commission to be satisfied that the employee is acting on behalf of the other employees

4.2   Has an organisation of employees notified the employer in writing that it wants to be bound by the agreement? (see s 170M (3) (c)).

q    YES

q    NO

If YES, please identify the organisation(s) of employees which have given notification:

4.3   Answer this question only if an organisation of employees has notified the employer that it wants to be bound by the agreement.

 

Does each organisation of employees which has given notification have at least 1 member:

   (i)  whose employment will be subject to the agreement; and

  (ii)  whose industrial interests it is entitled to represent in relation to work that will be subject to the agreement; and

(iii)  who requested the organisation to give notification?

q    YES

q    NO

If NO, please identify the organisation(s) which do not meet these criteria:

 

Part 5:        About the Employees

5.1   State whether a valid majority of persons employed at the time whose employment will be the subject of the agreement approved the agreement in the terms proposed (see ss 170LE, 170LK (1) and 170LT (5)).

q   YES:   a valid majority of employees approved the agreement as proposed

q   NO:   a valid majority of employees has not approved the agreement as proposed

5.2   Specify the date the written agreement was made with a valid majority of employees.

Note   The application to the Commission to certify the agreement must be made no later than 21 days after this date.

 

5.3   State the total number of employees covered by the agreement.

Of the total number, how many employees are:

 

Women?

Persons from a non-English speaking background?

Under the age of 21 years?

Aboriginal or Torres Strait Islanders?

Disabled persons?

Part-time employees?

Casual employees?

5.4   Specify the steps taken by the employer to ensure that every person employed at the time whose employment will be subject to the agreement had at least 14 days notice, in writing, of intention to make the agreement (see s 170LK (2)).

These steps must include the date written notice was provided by the employer of its intention to make the written agreement and a copy of the written notice must accompany the application.

Note   The agreement must not be made before those 14 days have passed.

 

5.5   Specify the steps, at or before the time the notice was given, the employer took to ensure that every person employed at the time whose employment will be subject to the agreement either had or had ready access to the proposed written agreement (see s 170LK (3)).

 

5.6   Did the notice given by the employer of intention to make the agreement state that if:

   (a)  any person whose employment will be subject to the agreement is a member of any organisation of employees; and

  (b)  the organisation is entitled to represent the person’s industrial interests in relation to work that will be subject to the agreement;

the person may request the organisation to represent the person in meeting and conferring with the employer about the agreement (see s 170LK (4))?

q    YES

q    NO

5.7   If an organisation was so requested to represent such a person, did the employer give the organisation a reasonable opportunity to meet and confer with the employer about the agreement before it was made? (see s 170LK (5)).

q    YES

q    NO

q    NO REQUEST WAS MADE TO THE ORGANISATION

If YES, specify the grounds upon which it is asserted that a reasonable opportunity was given:

5.8   Specify the steps taken by the employer (before the agreement was made) to explain the terms of the agreement to employees subject to it (see s 170LK (7)).

 

5.9   Specify the manner in which the explanation of the terms of the agreement to the persons subject to it took place in ways that were appropriate having regard to the persons’ particular circumstances and needs (For example, where the persons include women, persons from a non-English speaking background or young persons) (see s 170LT (7)).

 

5.10   Specify the steps taken by the employer to give all employees employed at a particular time whose employment is or will be subject to the written agreement a reasonable opportunity to decide whether they want to make the agreement (see s 170LE (c)).

 

5.11   Was the proposed written agreement varied for any reason after the notice referred to in 5.4 above was given (see s 170LK (8))?

q    YES:   a variation has been made to the written agreement as proposed

q   NO:   no variation has been made to the written agreement as proposed

5.12   Answer these questions only if the proposed agreement was varied for any reason after the notice referred to in 5.4 above was given (see s 170LK (8)).

 

Each time the agreement was varied were the steps referred to in 5.4 to 5.10 taken again in relation to the proposed agreement as varied?

On what date(s) was written notice* again provided by the employer of its intention to make the agreement as varied?

* A copy of the written notice must accompany the application.

q    YES

q    NO

If NO, specify which steps referred to in 5.4 to 5.10 were not taken again:

 

Part 6:        About the Agreement

6.1   Specify the relevant awards (including State awards) which regulate the terms and conditions of employment of employees covered by the agreement.

A relevant award is one which:

   (a)  regulates any term or condition of employment of persons engaged in the same kind of work as that of employees under the agreement; and

  (b)  expected to be binding on the employer immediately before the initial day (that is, the day on which the agreement is certified by the Commission) (see ss 170X and 170XA).

 

6.2   To be answered only if there is no relevant award.

Specify whether application has been made under section 170XF for a determination of the award(s) which is/are designated appropriate for the purpose of deciding whether the agreement passes the no‑disadvantage test.

 

6.3   Have the terms and/or conditions prescribed by any relevant award, designated award or laws of the Commonwealth, a State or Territory of any employees covered by the agreement been reduced?

[If you answered NO, proceed to 6.7.1]

q   YES       q   NO

6.4   To be answered only if you answered YES to 6.3.

Specify the terms and/or conditions that were reduced, the employees affected and the specific clauses in the agreement that bring about the reductions.

 

6.5   To be answered only if you answered YES to 6.3.

By referring to specific clauses in the agreement, specify any terms and conditions which may result, on balance, in there being no reduction in the overall terms and conditions.

Indicate whether all or only some of the employees are affected.

If only some employees are affected, specify which ones.

 

6.6   To be answered only if certification would result in a reduction in the overall terms and conditions of employees covered by the agreement.

Indicate why the Commission should be satisfied that certifying the agreement is not contrary to the public interest (see s 170LT (2) and (3)).

 

6.7.1   Specify the clause which provides procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement about matters arising under the agreement (see s 170LT (8)).

 

6.7.2   Does the clause specified empower the Commission to (see s 170LW):

 

·     settle disputes over the application of the agreement?

·     appoint a board of reference, as described in section 131, for the purpose of settling such disputes?

q   YES         q   NO

q   YES         q   NO

6.8   Specify the clause which provides for the nominal expiry date of the agreement.

Note   This date must not be more than 3 years after the date on which the agreement will come into operation (see s 170LT (10)).

 

6.9   To be answered only if the agreement replaces another certified agreement.

Specify the title of the certified agreement to be replaced.

 

6.10   To be answered only if the agreement has ended a bargaining period (see s 170MV (a)).

State the bargaining case number(s) of the bargaining period(s) ended.

 


BP No ______________of _________

SIGNATURE

I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

[signature of person making the declaration]

Declared at [place] on [date]

Before me,

[signature of person before whom the declaration is made]

[title of person before whom the declaration is made]

[5]           Schedule 1, Form R32

substitute

Form R32     Statutory declaration in respect of an application under Division 3 of Part VIB for certification of an agreement that applies only to a single business or part of a single business

(rule 50)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

STATUTORY DECLARATION IN RESPECT OF AN APPLICATION UNDER DIVISION 3 OF PART VIB FOR CERTIFICATION OF AN AGREEMENT THAT APPLIES ONLY TO A SINGLE BUSINESS OR PART OF A SINGLE BUSINESS

(SECTION 170LS AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND AN ORGANISATION OR ORGANISATIONS OF EMPLOYEES)

An original and one copy of the signed statutory declaration must be lodged with the application at an office of the Australian Industrial Registry in a State or Territory.

Each party to the agreement must complete a separate statutory declaration.

The application must be accompanied by:

·         an original of the written agreement signed by the parties to the agreement,

·         three copies of the agreement for the use of the Industrial Registry, and

·         sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission.

The responses to all questions and requests for information must appear in the right column. If the space provided is insufficient, attach a separate sheet clearly marked with the relevant paragraph number.

I, [name], of [address], [occupation], on whose behalf this statutory declaration is made, do solemnly and sincerely declare as follows:

TITLE OF AGREEMENT (specify name of agreement)

 

Part 1:        About the single business

1.1   What is the name of the employer?

 

1.2   What is the name and address of the single business or part of the single business of the employer covered by the agreement?

 

1.3   What is the work or employment in that single business or part of the single business to which the agreement is expressed to apply?

 

1.4   Answer this question only if this agreement applies to a part of a single business, as defined in subsection 170LB (3) of the Act.

 

Is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?

q    YES

q    NO

If NO, indicate the grounds why the Commission should not consider that:

   (i)  the agreement defines that part of the single business in a way that results in the agreement not covering employees whom it would be reasonable for the agreement to cover (see s 170LU (8))

and

  (ii)  it is not unfair for the agreement not to cover those employees (see s 170LU (8))

Part 2:        About the Jurisdictional Basis of the application

2.1   State the basis on which the application is made under Division 3 of Part VIB of the Act (tick one only).

q    The agreement is made in settlement, further settlement, maintenance of settlement or the prevention of an industrial dispute. (If so, specify the case number of the industrial dispute C No ............ of ..........)

q    The agreement is between parties to an industrial situation for preventing the situation from giving rise to an industrial dispute between them. (If so, specify the relevant facts identifying the industrial situation)

Part 3:        About the Employer(s) party to the agreement

3.1   Full name and address of employer(s) including any trading name.

 

3.2   State the contact person for receipt of hearing details concerning the application (the person authorised by the employer(s) to speak about the agreement on behalf of the employer(s)).

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 4:        About the Employee Organisation(s) party to the Agreement

4.1   Name(s) of organisation(s) of employees that is/are party to this agreement.

 

4.2   For each organisation of employees party to the agreement, state the contact person for receipt of hearing details concerning the application (the person authorised by the organisation to speak about the agreement on behalf of the organisation).

Full name:

Position:

Address:

Telephone number:

Facsimile number or email address:

Part 5:        About the Employees

5.1   State whether the agreement was genuinely approved by a valid majority of persons employed at the time whose employment will be the subject of the agreement (see ss 170LE, 170LR (2) and 170LT (5)).

q    Agreement was genuinely approved by a valid majority of employees

q    Agreement was not genuinely approved by a valid majority of employees

5.2   Specify the date the agreement was approved by a valid majority of employees.

Note   The application to the Commission to certify the agreement must be made no later than 21 days after this date.

 

5.3   State the total number of employees covered by the agreement.

Of the total number, how many employees are:

Women?

Persons from a non-English speaking background?

Under the age of 21 years?

Aboriginal or Torres Strait Islanders?

Disabled persons?

Part-time employees?

Casual employees?

5.4   Specify the steps the employer took (at least 14 days before any approval was given), to ensure that every person employed at the time whose employment will be subject to the agreement either had or had ready access to the agreement in writing (see s 170LR (2) (a)).

Note   These steps must include the date the employees either first had or had ready access to the agreement in writing.

 

5.5   Specify the steps taken by the employer (before approval was given) to explain the terms of the agreement to employees subject to it (see s 170LR (2) (b)).

 

5.6   Specify the manner in which the explanation of the terms of the agreement to the persons subject to it took place in ways that were appropriate having regard to the persons’ particular circumstances and needs (For example, where the persons include women, persons from a non-English speaking background or young persons) (see s 170LT (7)).

 

5.7   Specify the steps taken by the employer to give all employees employed at a particular time whose employment is or will be subject to the agreement a reasonable opportunity to decide whether they want to give approval to the agreement (see s 170LE (c)).

 

Part 6:        About the Agreement

6.1   Specify the relevant awards (including State awards) which regulate the terms and conditions of employment of employees covered by the agreement.

A relevant award is one which:

   (a)  regulates any term or condition of employment of persons engaged in the same kind of work as that of employees under the agreement; and

  (b)  expected to be binding on the employer immediately before the initial day (that is, the day on which the agreement is certified by the Commission) (see ss 170X and 170XA).

 

6.2   To be answered only if there is no relevant award.

Specify whether application has been made under section 170XF for a determination of the award(s) which is/are designated appropriate for the purpose of deciding whether the agreement passes the no‑disadvantage test.

 

6.3   Have the terms and/or conditions prescribed by any relevant award, designated award or laws of the Commonwealth, a State or Territory of any employees covered by the agreement been reduced?

[If you answered NO, proceed to 6.7.1]

q   YES       q   NO

6.4   To be answered only if you answered YES to 6.3.

Specify the terms and/or conditions so reduced, the employees affected and the specific clauses in the agreement that bring about the reductions.

 

6.5   To be answered only if you answered YES to 6.3.

By referring to specific clauses in the agreement, specify any terms and conditions which may result, on balance, in there being no reduction in the overall terms and conditions.

Indicate whether all or only some of the employees are affected.

If only some employees are affected, specify which ones.

 

6.6   To be answered only if certification would result in a reduction in the overall terms and conditions of employees covered by the agreement.

Indicate why the Commission should be satisfied that certifying the agreement is not contrary to the public interest (see s 170LT (2) and (3)).

 

6.7.1   Specify the clause which provides procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement about matters arising under the agreement (see s 170LT (8)).

 

6.7.2   Does the clause specified empower the Commission to:

 

·    settle disputes over the application of the agreement?

·    appoint a board of reference, as described in section 131, for the purpose of settling such disputes?

q   YES         q   NO

q   YES         q   NO

6.8   Specify the clause which provides for the nominal expiry date of the agreement.

Note   This date must not be more than 3 years after the date on which the agreement will come into operation (see s 170LT (10)).

 

6.9   To be answered only if the agreement replaces another certified agreement.

Specify the title of the certified agreement to be replaced.

 

6.10   To be answered only if the agreement has ended a bargaining period (see s 170MV (a)).

State the bargaining case number(s) of the bargaining period(s) ended.

 

 


BP No ___________of _________

SIGNATURE

I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

[signature of person making the declaration]

Declared at [place] on [date]

Before me,

[signature of person before whom the declaration is made]

[title of person before whom the declaration is made]

[6]           Schedule 1, after Form R33

insert

Form R33A  Application for an order under section 170MBA about the extent to which successor employer is bound by certified agreement

(rule 51A)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

APPLICATION FOR AN ORDER UNDER SECTION 170MBA ABOUT THE EXTENT TO WHICH SUCCESSOR EMPLOYER IS BOUND BY CERTIFIED AGREEMENT

IN the matter of:

            [title of certified agreement and case number]

Application is made by [insert name of outgoing employer; or name of incoming employer or employee; or name of an organisation*] for an order that the [insert name of the incoming employer]:

**  is not, or will not be, bound by the abovementioned agreement.

**  is, or will be, bound by the abovementioned agreement for the period [specify the extent of the period].

Dated             20 .

[Signature of applicant]

 

The application must be accompanied by a statutory declaration in accordance with Form 33B made by a person authorised by the applicant to do so.

 

*  Only an organisation that is bound by the certified agreement and which is entitled to represent the industrial interests of employees of the incoming employer whose employment is subject to the certified agreement and, in the case of a section 170LK agreement, has at least one member who has requested the organisation to apply for an order may make an application under section 170MBA.

 

** Omit whichever is inapplicable.

 

The applicant in this matter must take reasonable steps to give written notice of the application to the persons who, and organisations that, may make submissions in relation to the application (see subsections 170MBA (9) to (13)).

 

Form R33B  Statutory declaration in respect of an application under section 170MBA about the extent to which successor employer is bound by certified agreement

(rule 51A)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

STATUTORY DECLARATION IN RESPECT OF AN APPLICATION FOR AN ORDER UNDER SECTION 170MBA ABOUT THE EXTENT TO WHICH SUCCESSOR EMPLOYER IS BOUND BY CERTIFIED AGREEMENT

An original and one copy of the signed statutory declaration must be lodged with the application at an office of the Australian Industrial Registry in a State or Territory.

The responses to all questions and requests for information must appear in the right column. If the space provided is insufficient, attach a separate sheet clearly marked with the relevant paragraph number.

I, [name], of [address], [occupation], on whose behalf this statutory declaration is made, do solemnly and sincerely declare as follows:

TITLE OF AGREEMENT (specify name of agreement)

 

Part 1:        About the employers

1.1   What is the name and address of the outgoing employer?

 

1.2   What is the name and address of the incoming employer?

 

Part 2:        About the business

2.1   What is the name and address of the business concerned?

 

2.2   What is the date or proposed date of transfer of the business?

 

Part 3:        About the Agreement

3.1   What is the nominal date of expiry of the agreement?

 

3.2   Specify the name of any organisation of employees bound by the agreement.

 

Part 4:        About the Proposed Order

4.1   Specify the proposed new terms and conditions that employees will be subject to.

 

4.2   Specify the effect of any loss of conditions.

 

Part 5:        Jurisdictional basis of the Proposed Order

5.1   State the basis on which the proposed order is sought (tick one only).

q    The parties to the certified agreement and the incoming employer agree to the proposed order

q    The majority of employees who are covered by the certified agreement and who would be affected by the proposed order agree to the proposed order

q    The proposed order does not disadvantage employees in relation to their terms and conditions of employment

q    The proposed order is part of a reasonable strategy to deal with a short term crisis in, and to assist in the revival of, the transmitted business

5.2   State the grounds in support of the relevant basis.

 

SIGNATURE

I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

[signature of person making the declaration]

Declared at [place] on [date]

Before me,

[signature of person before whom the declaration is made]

[title of person before whom the declaration is made]

[7]           Schedule 1, Forms R34 and R35

substitute

Form R34     Application for extension of certified agreement

(rule 52)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

APPLICATION FOR EXTENSION OF CERTIFIED AGREEMENT

IN the matter of:

            [title of certified agreement and case number]

Application is made by [name of applicant] for approval under section 170MC of the Act for the extension of the nominal expiry date of the abovementioned agreement from [nominal expiry date] until [date].

Dated             20    .

[Signature of applicant]

Note:   The application must be accompanied by:

            (i)         a statutory declaration made by a person authorised to do so which indicates the facts establishing a basis for the Commission to be satisfied that a valid majority of the employees whose employment is subject to the agreement at the time genuinely approve the extension (see subsection 170MC (3)); and

            (ii)        if one or more organisations are bound by the agreement, a written statement signed by the employer and the one or more organisations signifying their agreement to the extension.

 

Form R35     Application for approval of variation of certified agreement

(rule 53)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

APPLICATION FOR APPROVAL OF VARIATION OF CERTIFIED AGREEMENT

IN the matter of:

            [title of certified agreement and case number]

Application is made by [name of applicant] for approval under subsection 170MD (2) of the Act to a variation to the abovementioned agreement in the manner set out in the attachment.

Dated             20    .

[Signature of applicant]

Note:   The application must be accompanied by:

                (i)     a copy of the variation or varied agreement;

               (ii)     a statutory declaration* made by a person authorised to do so which indicates the facts establishing a basis for the Commission to be satisfied that the requirements of subsection 170MD (3) of the Act are met;

              (iii)         if one or more organisations are bound by the agreement, a written statement signed by the employer and the one or more organisations signifying their agreement to the variation.

Where the application is made by the employer, the statutory declaration mentioned in (ii) above must also state whether approval to the variation is sought in accordance with a request by one or more employees under subsection 170MDA (1) of the Act.

*  As a guide, parties are advised that the statutory declaration should address those questions related to the “employees” and the “agreement” that a party would be required to address if the application was one for certification of an agreement rather than the approval of a variation.

[8]           Schedule 1, Form R37

substitute

Form R37     Application for approval of termination of certified agreement

(rule 55)

Workplace Relations Act 1996

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

APPLICATION FOR APPROVAL OF TERMINATION OF CERTIFIED AGREEMENT

IN the matter of:

            [title of certified agreement and case number]

Application is made by [name of applicant] for approval under section 170MG of the Act for the termination of the abovementioned agreement.

Dated             20    .

[Signature of applicant]

Note:   The application must be accompanied by:

                (i)     a statutory declaration made by a person authorised to do so which indicates the facts establishing a basis for the Commission to be satisfied that a valid majority of the employees whose employment is subject to the agreement at the time genuinely approve its termination (see subsection 170MG (3)); and

               (ii)     if one or more organisations are bound by the agreement, a written statement signed by the employer and the one or more organisations signifying their agreement to the termination.

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, 86 and 298; 2004 No. 6.

2.       Notified in the Commonwealth of Australia Gazette on 26 August 2004.