Australian Industrial Relations Commission Rules 1998

No longer in force

Administered by

Department of Employment, Skills, Small and Family Business

This item is authorised by the following title:

Fair Work (Registered Organisations) Act 2009

Superseded version

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View as made version

C2004H00260

27 November 2003 - 16 February 2004

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

1 Name of rules [see Note 1]
2 Commencement
3 Interpretation
4 Seals of Commission
5 Forms
6 Relief from Rules
7 Directions on manner and form of procedure
8 Commission acting on own motion
9 Assignment of industries and members
10 Delegation by President
11 Appeals to Full Bench
12 References by Registrar
13 Appeals from Registrar
14 Notification of industrial dispute relating to log of claims
15 Notification of other industrial disputes
16 Notice of hearing of dispute
17 Reference of disputes to Full Bench
18 President dealing with proceedings
19 Review on application by Minister
20 Award by consent of parties
21 Commission to cease dealing with industrial dispute in certain circumstances
22 Application to set aside or vary awards
23 Application for variation of award to give effect to agreement negotiated under enterprise flexibility provision
24 Application for orders in relation to representation rights of organisations of employees
25 Application for order to stop or prevent industrial action
26 Restraining State industrial authorities
27 Secret ballot
28 Notification of boycott disputes
29 Notice to bring action in tort
30 Reference of dispute to State authority for determination
31 Application for cancellation or suspension of award
32 Register of Findings of Industrial Dispute
33 Application for order requiring equal remuneration for work of equal value
34 Application for employment termination order creating rules of general application
35 Orders by Commission if employer fails to consult trade union about terminations
36 Register of orders made under Part VIA of the Act — Minimum Entitlements of Employees
37 Form of application under section 170CE of the Act
38 Notice of employer’s appearance
39 Notice of representative’s appearance
40 Role of representative
41 Notice of conciliation, arbitration or related proceeding
42 Settlement by conciliation
43 Discontinuance of matter
44 Issue of certificate under section 170CF of the Act
45 Election to proceed to arbitration or to begin court proceedings
46 Reasons for decision
47 Costs
47A Security for the payment of costs
48 Application for certification of agreement between constitutional corporation, or the Commonwealth, and organisation of employees (section 170LJ of the Act)
48A Application for certification of a greenfields agreement between constitutional corporation, or the Commonwealth, and organisation of employees (section 170LL of the Act)
49 Application for certification of agreement between constitutional corporation, or the Commonwealth, and employees (section 170LK of the Act)
49A Notice by an organisation of employees that it wants to be bound by an agreement
50 Application for certification of agreement about industrial disputes and industrial situations (section 170LS of the Act)
51 Application for certification of multiple-business agreement (section 170LC of the Act)
52 Extension of certified agreements
53 Variation of certified agreement on application of employer or organisation
54 Variation of certified agreement on application of person bound by the agreement
55 Termination of certified agreement at any time
56 Termination of certified agreement in public interest after nominal expiry date
57 Termination of agreement in a way provided under agreement after nominal expiry date
58 Notice of initiation of bargaining period
59 Notice to Registrar of authorisation to engage in industrial action
60 Application to suspend or terminate bargaining period
60A Application to prevent the initiation of a new bargaining period
61 Application for revocation of an award made under section 170MX of the Act
62 Request for Commission to terminate award made under section 170MX
63 Application for the Commission to determine designated award for the purposes of certified agreement
64 Summons to witness
65 Variation of common rules
66 Notice to Commission under dispute settling procedure in agreement
66A Application to terminate an Australian Workplace Agreement
67 Application to remove objectionable provision
68 Application for minimum wage order for certain Victorian employees
69 Settlement of award or order
70 Documents
70A Filing and lodging electronically
71 Name and address of party
72 Service of documents
73 Directions as to service
74 Requirement to fix time and place for hearing
74A Electronic signatures
75 Referral of disagreement concerning manner of establishing or varying a designated work group
76 Appeals to Commission
77 Approved forms
78 Repeal of the Rules of the Australian Industrial Relations Commission
79 Transitional provision
- Schedule 1 Forms

Australian Industrial Relations Commission Rules 1998

Legislation text