Australian Industrial Relations Commission Rules 1998
Statutory Rules 1998 No. 1 as amended
made under the
This compilation was prepared on 26 August 2004
taking into account amendments up to SR 2004 No. 280
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Preliminary
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
Australian Industrial Relations Commission
8 Commission acting on own motion
9 Assignment of industries and members
10 Delegation by President
11 Appeals to Full Bench
Australian Industrial Registry
12 References by Registrar
13 Appeals from Registrar
Dispute prevention and settlement
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
Minimum entitlements of employees
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
Termination of employment
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
Certified agreements
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)
51A Application for an order about the extent to which successor employer is bound by certified agreement
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
Miscellaneous
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
68A Application for Supported Wage System — 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
Form R1 Notice of appeal under section 45 or 45A
Form R2 Application for an extension of time for instituting an appeal
Form R3 Notice of appeal under section 81
Form R4 Notification of an alleged industrial dispute
Form R5 Information sheet for employers served with a log of claims by a union
Form R6 Application to set aside or vary an award
Form R7 Application for variation of award to give effect to agreement negotiated under enterprise flexibility provision
Form R8 Application for an order under section 133 of the RAO Schedule
Form R9 Application for an order to stop or prevent industrial action
Form R10 Notification of boycott dispute
Form R11 Written notice of intention to bring action in tort
Form R12 Application for cancellation or suspension of an award
Form R13 Application for order requiring equal remuneration for work of equal value
Form R14 Notice of hearing for application for order for equal remuneration for work of equal value
Form R15 Application for employment termination order by commission creating rules of general application
Form R16 Notice of hearing for application for employment termination order creating rules of general application
Form R17 Application for order if employer fails to consult trade union about terminations
Form R18 Application for relief in relation to termination of employment
Form R19 Application for relief in respect of termination of employment
Form R20 Application for relief in respect of termination of employment
Form R21 Notice of employer’s appearance — termination of employment
Form R21A Motion to dismiss the application for want of jurisdiction
Form R22 Notice of representative’s appearance
Form R23 Notice of discontinuance
Form R24 Certificate under section 170CF
Form R25 Notice of election to proceed to arbitration or to begin court proceedings under subsection 170CFA (1), (2), (3), (4) or (5)
Form R26 Application for order for costs under section 170CJ
Form R26A Application for security for the payment of costs under section 170CJ
Form R27 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
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
Form R28A Application under Division 2 of Part VIB for certification of a greenfields agreement that applies only to a single business or part of a single business
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
Form R29 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
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
Form R30A Notice under paragraph 170M (3) (c) by an organisation of employees that it wants to be bound by an agreement
Form R31 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
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
Form R33 Application for certification of a multiple‑business agreement under Part VIB
Form R33A Application for an order under section 170MBA about the extent to which successor employer is bound by certified agreement
Form R33B Statutory declaration in respect of an application under section 170MBA about the extent to which successor employer is bound by certified agreement
Form R34 Application for extension of certified agreement
Form R35 Application for approval of variation of certified agreement
Form R36 Application for order to vary certified agreement by a person bound by the agreement
Form R37 Application for approval of termination of certified agreement
Form R38 Application for termination of certified agreement in public interest after nominal expiry date
Form R39 Application for approval of termination of certified agreement in a way provided under agreement after nominal expiry date
Form R40 Notice of initiation of bargaining period
Form R41 Notice of the giving of authorisation to engage in industrial action
Form R42 Application to suspend or terminate bargaining period
Form R42A Application to suspend or terminate bargaining period applying to a specified business
Form R42B Application to prevent the initiation of a new bargaining period
Form R43 Application for revocation of an award made under section 170MX
Form R44 Request to terminate award made under section 170MX
Form R45 Application for determination of designated award or awards for the purposes of a certified agreement
Form R46 Summons to witness
Form R47 Notice under a dispute settling procedure in an agreement
Form R47A Application for termination of Australian workplace agreement in the public interest after nominal expiry date
Form R48 Application for removal of objectionable provisions
Form R49 Application for minimum wage order for certain Victorian employees
Form R49A Application for Supported Wage System — minimum wage order to apply to certain Victorian employees
Form R50 Notice of hearing for application for minimum wage order for certain Victorian employees
Form R50A Notice of hearing for application for Supported Wage System — minimum wage order to apply to certain Victorian employees
Form R51 Application for an order for substituted service
Form R52 Referral of disagreement concerning manner of establishing or varying a designated work group
Form R53 Notice of appeal under section 48
Form R54 Application for an extension of time for instituting an appeal
Form R55 Application for common rule
Form R56 Notice of application for common rule declaration
Form R57 Notice of appearance in respect to an application for common rule
Form R58 Notice of application for common rule declaration
Form R59 Notice of hearing of application to vary a common rule award
Form R60 Notice of variation of common rule award
Form R60A Notice of objection to variation of a common rule
Form R61 Declaration of common rule application not binding on organisation or person
Form R62 Application by an association of employers for registration as an organisation
Form R63 Application by an association of employees (other than an enterprise association) for registration as an organisation
Form R64 Application by an enterprise association of employees for registration as an organisation
Form R64A Notice of objection to the registration of an association
Form R65 Application for leave to change name*/and to alter rules*
Form R65A Application for cancellation of registration
Form R65B Notice of objection to the cancellation of registration
Form R65C Application for cancellation of registration
Form R65D Notice of objection to the cancellation of registration
Form R65E Ballot paper chosen by organisation in relation to proposed amalgamation
Form R65F Ballot paper in relation to proposed amalgamation
Form R65G Ballot paper chosen by organisation and containing an alternative provision in relation to proposed amalgamation
Form R65H Ballot paper containing an alternative provision in relation to proposed amalgamation
Form R66 Application for consent to change the name of an organisation
Form R67 Application for consent to the alteration of eligibility rules of an organisation
Form R68 Application for certificate under section 180 of the RAO Schedule
Form R69 Application for renewal of certificate under section 180 of the RAO Schedule
Notes
These rules are the Australian Industrial Relations Commission Rules 1998.
These Rules commence on 2 February 1998.
In these Rules:
Act means the Workplace Relations Act 1996.
Australian Industrial Registry Bulletin means the publication prepared and published by the Registrar, setting out:
(a) notices required by these Rules to be published in that Bulletin; and
(b) other information concerning notice of matters before the Commission or the practice and procedure of the Commission.
OHS (CE) Act means the Occupational Health and Safety (Commonwealth Employment) Act 1991.
RAO Regulations means the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003.
RAO Schedule means Schedule 1B to the Workplace Relations Act 1996.
Regulations means the Workplace Relations Regulations 1996.
(1) The seal mentioned in subsection 47 (1) of the Act must be:
(a) in the form represented below; and
(b) kept in the custody of the President; and
(c) affixed to these Rules and other documents, as the President directs.
(2) A duplicate seal mentioned in subsection 47 (2) of the Act must be affixed to such documents as the Commission directs.
(3) The Deputy Industrial Registrar in charge of a registry must have custody of a seal that must:
(a) as nearly as practicable, be of the same design as the design of the seal of the Commission; and
(b) in respect of the Principal Registry — bear the words “Principal Registry”; and
(c) in respect of any other registry — bear the word “Registry” prefixed with the name of the State or Territory where the registry is situated.
(4) A seal of the kind described in subrule (3) must be affixed, by the appropriate registry, to:
(a) a decision, determination, award or order that has been reduced to writing under section 143 of the Act; and
(b) a certified agreement; and
(c) any other document, as the Commission directs.
(5) If a document is required by these Rules to have the seal affixed, that requirement is satisfied if a facsimile of the seal is affixed on the document by electronic means, by or at the direction of, the person affixing the seal.
(1) Subject to subrule (3), a form in Schedule 1 must be used if it is applicable.
(2) An application for which no form is provided in the Regulations, the RAO Regulations or these Rules must:
(a) set out the name of the applicant; and
(b) set out the nature of the matter and the grounds on which the application is made; and
(c) be lodged in the Industrial Registry.
(3) It is sufficient compliance with these Rules as to the form of a document if the document is substantially in accordance with the required form of the document or has only such variations as the nature of the case requires.
The Commission may dispense with compliance with any of the requirements of these Rules before or after the occasion for compliance arises.
7 Directions on manner and form of procedure
(1) If:
(a) a person wishes to commence a proceeding or take any step in a proceeding; and
(b) either:
(i) the manner, or form, of procedure is not prescribed by the Act, the Regulations, the RAO Regulations or these Rules or by or under any other Act; or
(ii) the person is in doubt as to the manner, or form, of procedure;
the Commission may, on application by the person, give directions.
(2) A proceeding commenced in accordance with a direction of the Commission is well commenced.
(3) A step taken in accordance with a direction of the Commission is regular and sufficient.
Australian Industrial Relations Commission
8 Commission acting on own motion
(1) If the Commission acts on its own motion under section 33 of the Act, the Commission must notify a Registrar in writing.
(2) The Registrar notified under subrule (1) must process the matter as if it were an application under section 113 of the Act.
(3) If the Commission acts on its own motion under section 127 of the Act, the Commission must notify a Registrar in writing.
(4) The Registrar notified under subrule (3) must process the matter as if it were an application under subsection 127 (2) of the Act.
(5) If the Commission acts on its own initiative under subparagraph 170MW (8) (b) (i) of the Act, the Commission must notify a Registrar in writing of its action.
(6) The Registrar notified under subrule (5) must process the matter as if it were an application under subparagraph 170MW (8) (2) (ii) of the Act.
9 Assignment of industries and members
(1) If the President assigns an industry or group of industries to a panel of members of the Commission under section 37 of the Act, the President must record the assignment in writing.
(2) If the President assigns a Presidential Member to the Organisations Panel under section 14 of the RAO Schedule, the President must record the assignment in writing.
(3) A record of an assignment made under subrule (1) or (2) must be kept by the Industrial Registrar.
If the President makes a delegation under section 40 of the Act, a copy of the instrument of delegation must be kept by the Industrial Registrar.
(1) An appeal to a Full Bench under section 45 or 45A of the Act must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R1 and 3 copies of the notice, together with 3 copies of:
(a) the award, order, decision or opinion under appeal; and
(b) the transcript of the evidence and argument in the proceedings from which the appeal is brought, or the relevant extract from the transcript; and
(c) each document that:
(i) was an exhibit, or a written submission, in the proceedings; and
(ii) relates to the grounds of appeal set out in the notice; and
(d) the statement of the reasons for the award, order, decision or opinion.
(2) An appeal must be instituted:
(a) before the end of 21 days after the date of the award, order, decision or opinion appealed against; or
(b) if a request for a statement of reasons has been made under rule 46 — before the end of 21 days after the date on which the statement of reasons is given; or
(c) on application — within such further time as is allowed by a Full Bench.
(3) An application to a Full Bench for leave to institute an appeal after the 21 days mentioned in paragraph (2) (a) or (b) must be in accordance with Form R2.
(4) If an appellant seeks a stay of the whole or part of the award, order or decision pending the determination of the appeal, the notice of appeal must include an application to that effect.
(5) On lodging a notice of appeal, the appellant must, as soon as practicable, serve:
(a) a copy of the notice of appeal and the documents lodged in accordance with subrule (1) on the other parties, and any intervener, in the proceedings from which the appeal is brought; and
(b) except in the case of an appeal against an order under Subdivision B of Division 3 of Part VIA of the Act, a copy of the notice of appeal on the Minister.
(6) On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice of the time and place so fixed to:
(a) the appellant; and
(b) the other parties, and any intervener, who appeared in the proceedings from which the appeal is brought; and
(c) such other persons, if the Commission so directs; and
(d) except in the case of an appeal against an order under Subdivision B of Division 3 of Part VIA of the Act, the Minister.
Australian Industrial Registry
If a Registrar refers a matter or question to the President for decision under section 79 of the Act, the Commission must:
(a) fix a time and place for the hearing; and
(b) give any directions to a Registrar that it thinks proper for notifying persons interested in the matter or question of the time and place so fixed.
(1) An appeal from a Registrar under section 81 of the Act must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R3.
(2) An appeal must be made before the end of 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 an appellant seeks a stay of the whole or part of the decision or act concerned pending the determination of the appeal, the notice of appeal must include an application to that effect.
(4) On lodging a notice of appeal, the appellant must, as soon as practicable, serve a copy of the notice on the other parties, and any intervener, in the proceedings from which the appeal is brought.
(5) On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice of the time and place so fixed:
(a) to the appellant; and
(b) as the presiding member directs, to the other parties, and any intervener, who appeared in the proceedings from which the appeal is brought; and
(c) to such other persons, if the Commission so directs.
(6) The Registrar against whose decision the appeal is made may, if the Commission thinks fit, be heard on the hearing of the appeal.
Dispute prevention and settlement
14 Notification of industrial dispute relating to 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 must be in accordance with Form R4.
(2) The notification must be accompanied by:
(a) a copy of the letter of demand; and
(b) a copy of the log of claims; and
(c) a copy of the list of persons served in accordance with these Rules; and
(d) a statement, by a person having knowledge of the facts, asserting the service; and
(e) a statement, by an officer of the organisation serving the log of claims having knowledge of the facts and authorised for the purpose by the committee of management of the organisation, that the letter of demand and log of claims were served with the authority of the organisation.
15 Notification of other industrial disputes
(1) A notification of an industrial dispute, other than a dispute of the kind mentioned in rule 14, may be given orally, in writing, by facsimile transmission or other similar means.
(2) The notification must disclose:
(a) the parties to the alleged industrial dispute; and
(b) the matters in dispute; and
(c) the titles of awards concerned (if any); and
(d) any other relevant information.
(3) If 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 must be stated.
(4) If an oral notification is given, the notifier must confirm the notification in accordance with Form R4.
16 Notice of hearing of dispute
(1) On the Commission fixing a time and place for the hearing of an industrial dispute, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to the notifier.
(2) If the dispute is a dispute of the kind mentioned in rule 14, the notifier must serve a copy of the notice mentioned in subrule (1), and a notice in accordance with Form R5, on each person alleged to be a party to the dispute.
(3) If the dispute is a dispute of the type mentioned in rule 15, a Registrar must give notice, as the Commission directs, to each person alleged to be a party to the dispute.
(4) A Registrar must give a notice of hearing of a dispute to the Minister, if the dispute is to be dealt with by a Full Bench.
17 Reference of disputes to Full Bench
(1) A decision of the President on an application under section 107 of the Act must be recorded in writing.
(2) A copy of the decision must be kept by a Registrar with the documents relating to the proceedings.
18 President dealing with proceedings
(1) If the President decides to deal with a proceeding under section 108 of the Act, the President must record the decision in writing.
(2) A copy of the decision must be kept by a Registrar with the documents relating to the proceedings.
19 Review on application by Minister
The procedure to be followed in an application under section 109 of the Act must be generally in accordance with the procedure prescribed by rule 11.
20 Award by consent of parties
(1) If, in settlement (or part settlement) of matters in dispute, parties to a dispute seek the making of an award by consent under paragraph 111 (1) (b) of the Act, the parties must lodge a copy of the proposed award with the member of the Commission or a Full Bench, as the case may be, hearing the dispute.
(2) Each party to the proposed award by consent must also lodge a written statement, signed by the party or a person duly authorised by the party to do so, stating that the terms of the proposed award by consent have been approved by the party.
21 Commission to cease dealing with industrial dispute in certain circumstances
(1) An application under section 111AAA of the Act for the Commission to cease dealing with the whole, or part, of an industrial dispute in relation to particular employees must:
(a) be in writing; and
(b) state the grounds and facts on which the application is made.
(2) If the application is made to a member of the Commission other than the President, the member must refer the application to the President.
(3) If the President makes a decision under subsection 36 (3) of the Act, the President must record the decision in writing.
(4) A copy of the decision must be kept by a Registrar with the documents relating to the proceedings.
22 Application to set aside or vary awards
(1) Subject to rule 23, an application to set aside or vary an award under section 113 of the Act must be in accordance with Form R6.
(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.
(3) The applicant must serve a copy of the application and of the completed notice of hearing on the other parties to the award.
(1) An application under section 113 of the Act for variation of an award, as it applies to an enterprise or workplace, for the purpose of giving effect to an agreement made under a provision included in the award under section 113A of the Act must be:
(a) in accordance with Form R7; and
(b) accompanied by a copy of the agreement.
(2) Each party to the agreement must lodge with the application a statutory declaration, made by the party or a person authorised by the party to do so:
(a) indicating the facts establishing the basis on which the Commission can be satisfied that the requirements of subsection 113B (2) of the Act have been met; and
(b) stating which organisations of employees are parties to the award and have a member or members whose employment would be regulated by the variation.
(3) On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice, as the Commission directs, of the time and place so fixed to:
(a) the parties to the agreement; and
(b) each organisation of employees that is a party to the award; and
(c) such other persons, if the Commission so directs.
24 Application for orders in relation to representation rights of organisations of employees
(1) An application under section 133 of the RAO Schedule must be in accordance with Form R8.
(2) The applicant must serve a copy of the application on any organisation or person who may have an interest in the matter.
(3) 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 organisation or person, as the Commission directs.
25 Application for order to stop or prevent industrial action
(1) An application under subsection 127 (2) of the Act for an order to stop or prevent industrial action must be in accordance with Form R9.
(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.
(3) The applicant must serve a copy of the application and of the completed notice of hearing on:
(a) each party to the industrial dispute who is directly affected, or likely to be directly affected, by the industrial action (if any); or
(b) each party to the negotiation or proposed negotiation of an agreement under Division 2 of Part VIB of the Act (if any); or
(c) if the industrial action relates to work regulated by an award or certified agreement — each organisation or employer bound by the award or certified agreement who is directly affected, or likely to be directly affected, by the industrial action.
(4) The applicant must also serve a copy of the application and of the completed notice of hearing on:
(a) each person identified by name in the application against whom an order is sought; and
(b) such other person or persons, as the Commission directs.
26 Restraining State industrial authorities
(1) An application for an order under section 128 of the Act must be signed by, or on behalf of, the applicant and must state:
(a) the name of the State industrial authority concerned; and
(b) the name of the matter being dealt with, or about to be dealt with, by the authority; and
(c) whether it is a matter before the Commission, or a matter provided for in an award, order of the Commission or certified agreement, as the case may be; and
(d) the names of the parties; and
(e) the grounds in support of the application.
(2) An order restraining a State industrial authority must be served by a Registrar on the authority as soon as possible after the making of the order.
An application under section 136 of the Act must be in writing and signed by the members seeking a secret ballot.
28 Notification of boycott disputes
(1) A notification of a boycott dispute under section 157 of the Act must be in accordance with Form R10.
(2) If the notification is given to the President, the President must give the notification to a Registrar as soon as practicable.
(3) The Registrar must immediately send (by facsimile or otherwise) a copy of the notification:
(a) to each person identified in the notification; and
(b) to the Australian Competition and Consumer Commission, if a party to the proceedings before the Court; and
(c) to such other persons, if the Commission so directs.
29 Notice to bring action in tort
(1) A written notice under subsection 166A (3) of the Act to a member of the Commission, or a Registrar, about an intention to bring an action in tort must be:
(a) in accordance with Form R11; and
(b) accompanied by a statement, by a person having knowledge of the facts, asserting service under subrule (2).
(2) Before giving the written notice to a member of the Commission or a Registrar, the notifier must, in accordance with paragraph 72 (2) (a), (b) or (c), serve a copy of the notice on each organisation of employees, and each of its officers or employees (if any), mentioned in the notice.
(3) Immediately after receipt of the written notice:
(a) the member of the Commission, or the Registrar, to whom the notice is given must endorse the notice with the time and date of its receipt; and
(b) if the notice is given to a member of the Commission — the member must give the notice to a Registrar.
(3A) The Registrar must immediately send a copy of the notice endorsed in accordance with paragraph (3) (a) to:
(a) the notifier; and
(b) each organisation of employees, and each of its officers or employees (if any), mentioned in the notice.
(3B) On the Commission fixing a time and place for the hearing of the matter, a Registrar must give notice, as directed by the Commission, of the time and place fixed for the hearing of the matter.
(4) If the Commission issues a certificate under subsection 166A (6) of the Act, the Registrar must:
(a) keep the certificate; and
(b) give a copy of the certificate to the persons or organisations of employees mentioned in the certificate.
30 Reference of dispute to State authority for determination
If the President refers an industrial dispute to a State authority under section 174 of the Act, the President must give the Industrial Registrar the particulars of the dispute referred, and the name of the authority to which it was referred.
31 Application for cancellation or suspension of award
(1) An application under section 187 of the Act to cancel or suspend an award must be in accordance with Form R12.
(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.
(3) The applicant must serve a copy of the application and of the completed notice of hearing on the other parties to the award.
32 Register of Findings of Industrial Dispute
(1) The Industrial Registrar must keep, at the Principal Registry, a Register of Findings of Industrial Disputes.
(2) The Industrial Registrar must record 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;
(b) the matters in dispute;
(c) the findings of the Commission in relation to the dispute.
(3) The Register of Findings of Industrial Disputes must be open for inspection at any time that the Principal Registry is required to be open to the public.
Minimum entitlements of employees
33 Application for order requiring equal remuneration for work of equal value
(1) An application under section 170BD of the Act for an order requiring equal remuneration for work of equal value must be in accordance with Form R13.
(2) The applicant must, if practicable:
(a) state in the application whether the Commission is to be asked to exercise the power under section 170BI of the Act; and
(b) if the Commission is to be asked to exercise that power — identify the dispute that will be prevented by making the order, and the likely parties to the dispute.
(3) On the Commission fixing a time and place for the hearing of the application, a Registrar must:
(a) publish in the Australian Industrial Registry Bulletin a notice in accordance with Form R14; and
(b) give a copy of the notice to the applicant; and
(c) give additional notice, as the Commission directs.
(4) The applicant must serve a copy of the application, and a notice in accordance with Form R14, on:
(a) each trade union whose rules entitle it to represent the industrial interests of any employee concerned; and
(b) each organisation or association representing the employer of such an employee; and
(c) the Sex Discrimination Commissioner; and
(d) such other persons, if the Commission so directs.
(5) If the Commission makes an order under section 170BC of the Act and directs that the order be published, a Registrar must publish the order in the Australian Industrial Registry Bulletin and in any other way that the Commission directs.
(6) Before making an order exercising the power under section 170BI of the Act, the Commission must make a written record of the likely industrial dispute to be prevented, and the likely parties to the dispute.
34 Application for employment termination order creating rules of general application
(1) An application under section 170FB of the Act for an employment termination order by the Commission that will, if made, create a rule of general application must be in accordance with Form R15.
(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must:
(a) publish in the Australian Industrial Registry Bulletin a notice in accordance with Form R16; and
(b) give a copy of the notice to the applicant; and
(c) give additional notice, as the Commission directs.
(3) The applicant must serve a copy of the application, and a notice in accordance with Form R16, on:
(a) each trade union whose rules entitle it to represent the industrial interests of any employee concerned; and
(b) each organisation or association representing the employer of such an employee; and
(c) such other persons, if the Commission so directs.
(4) If the Commission makes an order under section 170FA of the Act and directs that the order be published, a Registrar must publish the order in the Australian Industrial Registry Bulletin and in any other way that the Commission directs.
35 Orders by Commission if employer fails to consult trade union about terminations
(1) An application for an order under section 170GA of the Act (that is, where an employer has failed to consult about termination) must be in accordance with Form R17.
(2) The applicant must serve a copy of the application on the employer and on each trade union that could, under section 170GB of the Act, also have made an application.
(3) 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:
(a) the applicant; and
(b) the employer; and
(c) each trade union to which subrule (2) applies.
36 Register of orders made under Part VIA of the Act — Minimum Entitlements of Employees
(1) The Industrial Registrar must keep, at the Principal Registry, a Register of orders made by the Commission under Part VIA of the Act (except orders made under Subdivision B of Division 3 of that Part).
(2) The Register may be inspected by any person at any time that the Principal Registry is required to be open to the public.
37 Form of application under section 170CE of the Act
(1) An application under section 170CE of the Act must be:
(a) made:
(i) if the application is made on a ground mentioned in subsection 170CE (1) of the Act — in accordance with Form R18; or
(ii) if the application is made only on the ground mentioned in subsection 170CE (2) of the Act — in accordance with Form R19; or
(iii) if the application is made by a trade union under subsection 170CE (3) of the Act — in accordance with Form R20; or
(iv) if the application is made by an inspector, trade union, or officer or employee of a trade union under subsection 170CE (4) of the Act — in accordance with Form R19; and
(b) lodged in the Industrial Registry.
(2) Subject to the payment of a filing fee in accordance with section 170CEAA of the Act, or if a Registrar has waived payment of the fee, an application may be lodged personally or by post or facsimile transmission.
(3) An application mentioned in subparagraph (1) (a) (i) or (ii) that is not signed by the applicant may be accepted if the application is made by a solicitor, trade union or other representative of the applicant.
(4) An application that is lodged out of time must include a statement of the reasons why the Commission should accept the application.
38 Notice of employer’s appearance
(1) An application lodged under subrule 37 (1) is answered by the employer filing a notice of appearance in accordance with Form R21.
(2) The notice of appearance:
(a) must be filed before the end of 7 days after service of the application on the employer by the Registry; and
(b) may be filed personally or by post or facsimile transmission.
(2A) A motion to dismiss the application for want of jurisdiction:
(a) must be made in accordance with Form R21A; and
(b) is taken to be made on the date of filing.
(3) After filing a notice of appearance and any motion for dismissal of the application, an employer must immediately give to the applicant personally, or by post or facsimile transmission, at his or her address for service, a copy of the notice and motion.
(4) If possible, a Registrar must give a copy of the employer’s notice of appearance and any motion to the parties at the same time as the parties are first given notice under rule 41.
(5) A notice that is not signed by the employer may be accepted if the notice is prepared by a solicitor, employer organisation or other representative of the employer.
(6) The Commission may permit an employer to appear (at any stage of a conciliation, arbitration or related proceeding under Subdivision B of Division 3 of Part VIA of the Act) despite the employer’s failure to file a notice of appearance.
39 Notice of representative’s appearance
(1) A person representing a party to a conciliation, arbitration or related proceeding under Subdivision B of Division 3 of Part VIA of the Act, may enter an appearance by filing a notice of representative’s appearance in accordance with Form R22.
(2) The notice may be filed before the date fixed for the conciliation, arbitration or related proceeding, and may be filed personally or by post or facsimile transmission.
(3) After filing a notice of representative’s appearance, a person representing a party must immediately give to the other party personally, or by post or facsimile transmission, at the other party’s address for service, a copy of the notice.
(4) If a Registrar is able, the Registrar must give a copy of the notice of representative’s appearance to the parties at the same time as the parties are first given notice of the time and place fixed for the conciliation, arbitration or related proceeding under rule 41.
(5) The Commission may permit a representative to appear (at any stage of a conciliation, arbitration or related proceeding) on behalf of a party despite the representative’s failure to file a notice of representative’s appearance.
(6) A notice of change of representative’s appearance is entered by filing a notice in accordance with Form R22.
(1) A person representing an applicant must:
(a) promptly advise the applicant of the importance of the applicant being present in person at the conciliation proceeding; and
(b) have sufficient authority to deal with the matter on behalf of the applicant.
(2) A person representing the employer must:
(a) promptly advise the employer of the importance of the employer, or a responsible officer of the employer, being present at the conciliation proceeding; and
(b) have sufficient authority to deal with the matter on behalf of the employer.
41 Notice of conciliation, arbitration or related proceeding
(1) Subject to subrule (4), for the purposes of conducting a conciliation, arbitration or related proceeding under Subdivision B of Division 3 of Part VIA of the Act, the Commission must fix a time and place for the hearing of the matter to which an application under section 170CE of the Act relates.
(2) On the Commission fixing a time and place for the hearing of the matter, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to the parties to the application.
(3) The Commission may direct that additional documentation, as it considers necessary, must accompany the notice given under subrule (2).
(4) Nothing in this rule prevents the Commission from conciliating a matter otherwise than by convening a hearing.
(5) For this rule, hearing includes a conference, or a proceeding conducted in private.
If a matter is settled by conciliation under subsection 170CF (1) of the Act, the Commission must require the parties to reduce the terms of settlement to writing, if it is practicable to do so.
(1) For subsection 170CE (9) of the Act, an applicant may discontinue a matter by filing a notice of discontinuance in accordance with Form R23.
(2) The notice may be filed personally or by post or facsimile transmission.
(3) After filing a notice of discontinuance, an applicant must immediately give to the employer personally, or by post or facsimile transmission, at the employer’s address for service, a copy of the notice.
44 Issue of certificate under section 170CF of the Act
(1) A certificate under section 170CF of the Act:
(a) must be signed by a member of the Commission; and
(b) may be in accordance with Form R24.
(2) If the Commission issues a certificate under section 170CF of the Act, the Commission must give:
(a) a copy of the certificate to each of the parties; and
(b) the certificate to a Registrar.
45 Election to proceed to arbitration or to begin court proceedings
(1) An election by an applicant under section 170CFA of the Act must be:
(a) in accordance with Form R25; and
(b) lodged in the Industrial Registry.
(2) The election must be lodged before the end of 7 days after the day the certificate is issued by the Commission under section 170CF of the Act, and may be lodged personally or by post or facsimile transmission.
(3) An election that is lodged out of time must include a statement of the reasons why it would be unfair for the Commission not to accept the election.
(4) After lodging an election, an applicant must immediately give to the employer personally, or by post or facsimile transmission, at the employer’s address for service, a copy of the notice of election.
(1) If the Commission makes a decision under Subdivision B of Division 3 of Part VIA of the Act, a party to the proceedings may request, in writing, the member of the Commission who made the decision to give to the party a statement of the reasons for the decision.
(2) A request for a statement of reasons must be made before the end of 7 days after the date of the decision.
(1) An application for an order for costs under section 170CJ of the Act must be made in accordance with Form R26.
(2) The Commission may order that costs be taxed in accordance with Schedule 5 to the Regulations.
(3) The Commission may allow an item of work done or service performed to be costed at a lower rate than the rate (if any) specified for the item in Schedule 5 to the Regulations, if the lower rate is reasonable in the circumstances of the case.
(4) The power of the Commission to tax costs must be exercised only by a Presidential Member nominated, by signed instrument, by the President to be responsible for the exercise of the power.
47A Security for the payment of costs
(1) The Commission may, on application, order a party who made an application under section 170CE of the Act, or who began proceedings relating to an application under section 170CE, to give security for the payment of costs that may be awarded against him or her.
Note The Commission will not ordinarily make such an order before the conclusion of conciliation proceedings.
(2) An application to give security for the payment of costs must be made in accordance with Form R26A.
(3) The security must be of such amount, and given at such time and in such manner and form, as the Commission directs.
(4) The Commission may reduce or increase the amount of security ordered to be given and may vary the time at which, or manner or form in which, the security is to be given.
(5) If the Commission orders a party to provide security for costs, it may order:
(a) that the application under section 170CE or the proceedings begun in relation to the application under section 170CE, as the case may be, be stayed until security is provided; or
(b) that if the party fails to comply with the order to provide security within the time specified in the order, the application under section 170CE or the proceedings begun in relation to the application under section 170CE, as the case may be, be stayed or dismissed.
(6) The powers of the Commission under this rule may not be exercised by a member who has dealt, or is dealing, with the application under section 170CE of the Act or proceedings relating to the application under section 170CE, unless directed by:
(a) the President; or
(b) another Presidential Member nominated, in writing, by the President.
(7) This rule applies only in relation to an application under section 170CE lodged on or after 1 March 2003.
Note For examples of proceedings under section 170CE, see subsection 170CJ (8) of the Act.
(1) An application under Division 2 of Part VIB of the Act for certification of an agreement that applies to a single business, or part of a single business, between an employer and an organisation of employees must be:
(a) in accordance with Form R27; and
(b) accompanied by:
(i) the agreement, signed by the parties; and
(ii) 3 copies of the agreement, for the use of the Industrial Registry; and
(iii) enough additional copies of the agreement to enable the Industrial Registry to provide a copy to each party in the event of certification of the agreement by the Commission.
(2) Each employer, and organisation of employees, that is a party to the agreement must lodge with the application a statutory declaration in accordance with Form R28 made by the party or a person authorised by the party to do so.
(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:
(a) the parties to the agreement; and
(b) any other interested person, if the Commission so directs.
(1) An application under Division 2 of Part VIB of the Act for certification of a greenfields agreement, that applies to a single business, or part of a single business, between an employer and an organisation of employees must be:
(a) made in accordance with Form R28A; and
(b) accompanied by:
(i) the agreement, signed by the parties; and
(ii) 3 copies of the agreement, for the use of the Industrial Registry; and
(iii) enough additional copies of the agreement to enable the Industrial Registry to provide a copy to each party in the event of certification of the agreement by the Commission.
(2) Each employer, and organisation of employees, that is a party to the agreement must lodge with the application a statutory declaration in accordance with Form R28B made by the party or a person authorised by the party.
(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:
(a) the parties to the agreement; and
(b) any other interested person, if the Commission so directs.
(1) An application under Division 2 of Part VIB of the Act for certification of an agreement that applies to a single business, or part of a single business, between an employer and employees must be:
(a) in accordance with Form R29; and
(b) accompanied by:
(i) the agreement, signed by:
(A) the employer; and
(B) if the agreement was negotiated by an employee acting on his or her own behalf and on behalf of other employees — that employee; and
(ii) 3 copies of the agreement, for the use of the Industrial Registry; and
(iii) enough copies of the agreement to enable the Industrial Registry, in the event of certification of the agreement by the Commission, to provide a copy to:
(A) the employer; and
(B) if the agreement was negotiated by an employee acting on his or her own behalf and on behalf of other employees — that employee.
(2) The following persons must lodge with the application a statutory declaration in accordance with Form R30 made by the person, or another person authorised by that person, to do so:
(a) the employer, or, if subsection 170LB (2) of the Act applies, each employer or corporation, as the case requires;
(b) if the agreement was negotiated by an employee acting on his or her own behalf and on behalf of other employees — that employee.
(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:
(a) each of the persons mentioned in paragraphs (2) (a) and (b); and
(b) any organisation of employees that has notified the employer and the Commission in writing that it wants to be bound by the agreement; and
(c) if subsection 170LB (2) of the Act applies — each employer or corporation that has notified the employer and the Commission in writing that it wants to be bound by the agreement; and
(d) any other interested person, if the Commission so directs.
49A Notice by an organisation of employees that it wants to be bound by an agreement
(1) For paragraph 170M (3) (c) of the Act, a notice to the Commission and an employer that an organisation of employees wants to be bound by an agreement must be in accordance with Form R30A.
(2) The Notice to the Commission must be accompanied by a statement by the organisation showing how the requirements of paragraph 170M (3) (d) of the Act are satisfied.
(1) An application under Division 3 of Part VIB of the Act for the certification of an agreement that applies only to a single business, or part of a single business, between an employer and an organisation of employees must be:
(a) in accordance with Form R31; and
(b) accompanied by:
(i) the agreement, signed by the parties; and
(ii) 3 copies of the agreement, for the use of the Industrial Registry; and
(iii) enough additional copies of the agreement to enable the Industrial Registry to provide a copy to each party in the event of certification of the agreement by the Commission.
(2) Each party to the agreement must lodge with the application a statutory declaration in accordance with Form R32 made by the party or a person authorised by the party to do so.
(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:
(a) the parties to the agreement; and
(b) any other interested person, if the Commission so directs.
51 Application for certification of multiple‑business agreement (section 170LC of the Act)
(1) An application under Part VIB of the Act for the certification of a multiple‑business agreement must be:
(a) in accordance with Form R33; and
(b) accompanied by:
(i) the agreement, signed by the parties; and
(ii) 3 copies of the agreement, for the use of the Industrial Registry.
(2) Each party to the agreement must lodge with the application a statutory declaration made by the party or a person authorised by the party to do so.
(3) The statutory declaration must state:
(a) whether each of the requirements of Part VIB of the Act for certification of the agreement has been met; and
(b) the grounds on which, in the public interest, the Commission should certify the agreement.
(4) 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:
(a) the parties to the agreement; and
(b) any other interested person or organisation of employees, if the Commission so directs.
(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.
52 Extension of certified agreements
(1) An application under section 170MC of the Act for the approval of the Commission to extend the nominal expiry date of a certified agreement must be:
(a) in accordance with Form R34 and made by:
(i) the employer; or
(ii) if one or more organisations of employees are bound by the agreement — one of the organisations; and
(b) accompanied by:
(i) a statutory declaration, made by a person authorised to do so, that states the facts on the basis of which the Commission can be satisfied that the requirement of subsection 170MC (3) of the Act has been met; and
(ii) if one or more organisations of employees are bound by the agreement — a statement signed by the employer, and each organisation, that they agree to the extension.
(2) A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the application to:
(a) the employer; and
(b) if one or more organisations of employees are bound by the agreement — each organisation; and
(c) any other person subject to the agreement.
53 Variation of certified agreement on application of employer or organisation
(1) An application under subsection 170MD (2) of the Act for the approval of the Commission to vary a certified agreement must be:
(a) in accordance with Form R35 and made by:
(i) the employer; or
(ii) if one or more organisations of employees are bound by the agreement — one of the organisations; and
(b) accompanied by:
(i) a copy of the variation or varied agreement; and
(ii) a statutory declaration, made by a person authorised to do so, that states the facts on the basis of which the Commission can be satisfied that the requirements of subsection 170MD (3) of the Act have been met; and
(iii) if one or more organisations of employees are bound by the agreement — a statement signed by the employer and each organisation that they agree to the variation.
(2) If subparagraph (1) (a) (i) applies, the statutory declaration accompanying the application must state whether the approval is sought in accordance with a request by one or more employees under subsection 170MDA (1) of the Act.
(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:
(a) the employer; and
(b) if one or more organisations of employees are bound by the agreement — each organisation; and
(c) any other interested person, if the Commission so directs.
54 Variation of certified agreement on application of person bound by the agreement
(1) An application under subsection 170MD (6) of the Act for an order to vary a certified agreement must be in accordance with Form R36.
(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.
(3) The applicant must serve a copy of the application and of the completed notice of hearing on the other persons bound by the certified agreement.
55 Termination of certified agreement at any time
(1) An application under section 170MG of the Act for the approval of the Commission to terminate an agreement must be:
(a) in accordance with Form R37 and made by:
(i) the employer; or
(ii) if one or more organisations of employees are bound by the agreement — one of the organisations; and
(b) accompanied by:
(i) a statutory declaration, made by a person authorised to do so, that states the facts on the basis of which the Commission can be satisfied that the requirement of subsection 170MG (3) of the Act has been met; and
(ii) if one or more organisations of employees are bound by the agreement — a statement signed by the employer, and each organisation, that they agree to the termination.
(2) A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the application to:
(a) the employer; and
(b) if one or more organisations of employees are bound by the agreement — each organisation; and
(c) any other person subject to the agreement.
56 Termination of certified agreement in public interest after nominal expiry date
(1) An application under subsection 170MH (1) of the Act to have an agreement terminated must be made in accordance with Form R38.
(2) If the application is made by an appointed representative of a majority of the employees whose employment is subject to the agreement, the application must be accompanied by a statutory declaration, made by the representative, that states the facts on the basis of which the Commission can be satisfied that the representative:
(a) has been appointed by the employees concerned; and
(b) is acting in accordance with their direction.
(3) A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the application to:
(a) the employer; and
(b) if one or more organisations of employees are bound by the agreement — each organisation; and
(c) any other person subject to the agreement.
57 Termination of agreement in a way provided under agreement after nominal expiry date
(1) An application under subsection 170MHA (1) of the Act to have the termination of an agreement approved must be:
(a) in accordance with Form R39; and
(b) accompanied by a statutory declaration, made by a person authorised to do so, that states the facts on the basis of which the Commission can be satisfied that the requirements of paragraphs 170MHA (1) (a) and (b) of the Act have been met.
(2) A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the application to:
(a) the employer; and
(b) if one or more organisations of employees are bound by the agreement — each organisation; and
(c) any other person subject to the agreement.
58 Notice of initiation of bargaining period
(1) A notice, under subsection 170MI (2) of the Act, initiating a bargaining period must be in accordance with Form R40.
(1A) For subsection 170MI (2) of the Act, a notice initiating a bargaining period may be given to each other negotiating party personally or by post or facsimile transmission.
(2) If the initiating party intends to ask the Commission to exercise its powers to try, by conciliation, to facilitate the making of an agreement under Part VIB of the Act, the notice must include a statement to that effect.
59 Notice to Registrar of authorisation to engage in industrial action
(1) A notice to the Registrar, under section 170MR of the Act, of the giving of the authorisation to engage in industrial action must be in accordance with Form R41.
(2) The notice must be lodged promptly in the Industrial Registry.
60 Application to suspend or terminate bargaining period
(1) An application to the Commission, under subsection 170MW (8) of the Act, to suspend or terminate a bargaining period must be in accordance with Form R42.
(1A) However, if subsection 170MW (8A) of the Act applies to the application, the application must be in accordance with Form R42A.
(2) The applicant must serve a copy of the application on the other 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 negotiating parties.
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.
61 Application for revocation of an award made under section 170MX of the Act
(1) An application for revocation of an award made under section 170MX of the Act must be in accordance with Form R43.
(2) 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 such organisations and persons as the Commission directs.
62 Request for Commission to terminate award made under section 170MX
(1) A request, under subsection 170MZ (5) of the Act, to terminate an award made under section 170MX of the Act must be in accordance with Form R44.
(2) On the Commission fixing a time and place for the hearing of the request, a Registrar must give notice of the time and place so fixed to such organisations and persons as the Commission directs.
(1) An application to the Commission, under subsection 170XF (2) of the Act, to determine a designated award must be in accordance with Form R45.
(2) The Commission may fix a time and place for the hearing of the application.
(3) If the Commission fixes a time and place for the hearing, a Registrar must give notice of the time and place so fixed to such organisations and persons as the Commission directs.
(1) A summons, under paragraph 111 (1) (s) of the Act, may be issued only with the approval of a member of the Commission.
(2) The summons must be:
(a) in accordance with Form R46; and
(b) signed by a member of the Commission or a Registrar.
(3) Any number of persons may be included in the same summons.
(4) Service of the summons must be effected by serving on each person named in the summons a copy of the summons in accordance with rule 72.
(1) For subsection 142 (4) of the Act, a notice of objection to a variation of a common rule must be in accordance with Form 60A.
(2) For subsection 142 (8) of the Act, the prescribed period is 28 days.
66 Notice to Commission under dispute settling procedure in agreement
(1) A notice to the Commission, under a dispute settling procedure in an agreement, must be in accordance with Form R47.
(2) A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the notification to:
(a) the employer; and
(b) if one or more organisations of employees are bound by the agreement — each organisation; and
(c) any other person subject to the agreement.
66A Application to terminate an Australian Workplace Agreement
(1) An application under subsection 170VM (3) of the Act for the Commission to terminate an Australian Workplace Agreement must be:
(a) made in accordance with Form R47A; and
(b) accompanied by a copy of the Australian Workplace Agreement.
(2) A Registrar must give notice, if and as directed by the Commission, to the parties to the agreement.
67 Application to remove objectionable provision
(1) An application, under section 298Z of the Act, to vary an award or certified agreement must be in accordance with Form R48.
(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.
(3) The applicant must serve a copy of the application and of the completed notice of hearing on the other parties to the award or persons bound by the certifed agreement, as the case requires.
68 Application for minimum wage order for certain Victorian employees
(1) An application, under section 501 of the Act, for a minimum wage order must be in accordance with Form R49.
(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must:
(a) publish a notice in accordance with Form R50 in the Australian Industrial Registry Bulletin; and
(b) give a copy of the notice to the applicant; and
(c) give additional notice as the Commission directs.
(3) The applicant must serve a copy of the application and of the notice in accordance with Form R50 on:
(a) each organisation that is entitled to represent the industrial interests of one or more of the employees within the work classification that is the subject of the application; and
(b) each organisation of which an employer of employees within the work classification is a member; and
(c) if the applicant is the employer of an employee or group of employees — the employee, or group of employees, within the work classification that is the subject of the application; and
(d) if the applicant is an employee, or a group of employees, within a work classification that is the subject of the application — the employer or employers of the employee or group of employees; and
(e) the Minister; and
(f) any other persons the Commission directs.
(4) If the Commission makes an order under section 501 of the Act and directs that the order be published, a Registrar must publish the order in the Australian Industrial Registry Bulletin and in any other way that the Commission directs.
68A Application for Supported Wage System — minimum wage order for certain Victorian employees
(1) An application under section 501A of the Act for an order that the Supported Wage System applies must be in accordance with Form R49A.
(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must:
(a) publish a notice in accordance with Form R50A in the Australian Industrial Registry Bulletin; and
(b) give a copy of the notice to the applicant; and
(c) give additional notice as the Commission directs.
(3) The applicant must serve a copy of the application and the notice in accordance with Form R50A on:
(a) each organisation that is entitled to represent the industrial interests of 1 or more of the employees within the work classification that is the subject of the application; and
(b) each organisation of which an employer of employees within the work classification is a member; and
(c) if the applicant is the employer of an employee or group of employees — the employee, or group of employees, within the work classification that is the subject of the application; and
(d) if the applicant is an employee, or group of employees, within a work classification that is the subject of the application — the employer or employers of the employee or group of employees; and
(e) the Minister; and
(f) any other persons the Commission directs.
(4) If the Commission makes an order under section 501A of the Act and directs that the order be published, a Registrar must publish the order in the Australian Industrial Registry Bulletin and in any other way that the Commission directs.
69 Settlement of award or order
(1) If a Full Bench directs that a draft award or order be settled by a Registrar, the party who was the applicant, or the party directed by the Full Bench, must, before the end of 14 days (or such further time as the Registrar allows) after the direction was given, lodge the draft award or order in the Industrial Registry.
(2) If a member of the Commission directs a party to lodge a draft award or order, that party must, before the end of 14 days (or such further time as the member allows) after the direction was given lodge the draft award or order in the Industrial Registry.
(3) A Registrar must, before the end of 14 days after the draft award or order is lodged, give the parties notice of the Registrar’s intention to settle the draft.
(4) If the party who is required so to do fails to lodge the draft award or order within the time prescribed by this rule, the Registrar must give the parties notice of the Registrar’s intention to settle the draft.
(5) Despite subrule 70 (3), a draft award or order may be lodged on computer diskette.
(1) Except as otherwise provided by these Rules, or as directed by the Commission, a document for use in the Commission must be lodged, with 2 copies, in the Industrial Registry.
(2) A document required to be lodged under Divisions 1 and 2 of Part VII, or Part VIII, of the Regulations must be lodged, with one copy, in the Industrial Registry.
(3) A document lodged for use in the Commission must be:
(a) on white international A4 size paper; and
(b) typewritten, clearly written or reproduced, on one side of the paper.
70A Filing and lodging electronically
(1) A document that is required or permitted to be filed by these Rules for use in the Commission may be lodged electronically in the Industrial Registry.
(2) A document is lodged electronically in the Industrial Registry by:
(a) completing and submitting a web-based form made available on the Commission’s Internet page at http://www.airc.gov.au in accordance with the instructions accompanying the form; or
(b) emailing the document in accordance with subrule (3).
(3) An email mentioned in paragraph (2) (b) must:
(a) be sent to an email address approved by the Industrial Registrar; and
(b) include the document to be filed as an attachment, in Rich Text Format or another format approved by the Industrial Registrar, to the text body of the email; and
(c) state, in the text body of the email:
(i) the name, address, telephone number and facsimile number (if any) of the natural person sending the email; and
(ii) an email address to which the Commission or the Registry can send notices or other documentation; and
(iii) if the document is an originating application — that fact, together with the State or Territory Registry in which the document is to be filed; and
(iv) if the document relates to an existing matter — the file number of the matter.
(4) A statutory declaration that is required by these Rules may be lodged or filed electronically by sending an image of the statutory declaration in accordance with subrule (2).
(5) If a document is lodged in accordance with subrule (2), a Registrar must send an acknowledgement of filing to the lodging party by email.
(6) A document lodged electronically is taken not to have been filed until the acknowledgement of filing mentioned in subrule (5) has been sent.
(7) If a document that is lodged under this rule and accepted at the Registry is a document that, under these Rules, is required to be:
(a) signed or stamped by the Commission or Registry; and
(b) returnable to the lodging party;
a Registrar must:
(c) if the sender requests that the document be held for collection — make a paper copy of the document and hold it for collection for 7 days; and
(d) if the sender does not request the document to be held for collection, or having made a request does not collect the document within 7 days — return the document by sending it electronically to the email address of the lodging party.
(8) A person who lodges a document electronically in the Industrial Registry must:
(a) keep a paper copy of the document; and
(b) produce the paper copy of the document as directed by the Commission.
(9) If the Commission directs that the paper copy of the document be produced, the first page must be endorsed with:
(a) a statement that the paper copy is a true and correct copy of the document sent electronically; and
(b) the date and time that the document was sent electronically.
(10) For this rule, the Industrial Registrar must publish in the Australian Industrial Registry Bulletin notice of:
(a) any email address that is approved for the lodgement and filing of documents electronically; and
(b) any format in which electronic versions of documents will be accepted by the Industrial Registry.
Each document that is lodged by a party in connection with a matter before the Commission must state the name, and address for service, of the party.
(1) Except as otherwise provided by these Rules, or as directed by the Commission, a party must serve a document lodged under these Rules.
(2) Service of a document on an individual, a body corporate or an organisation or branch of an organisation, must be effected by:
(a) leaving the document with the individual to whom it is addressed, the secretary of the body corporate or the secretary of the organisation or branch; or
(b) tendering the document to the individual to whom it is addressed, the secretary of the body corporate or the secretary of the organisation or branch; or
(c) leaving the document:
(i) with an individual, apparently above the age of 15 years, at the residence, or usual place of business, of the individual intended to be served; or
(ii) at the registered office of the body corporate or the office of the organisation or branch; or
(iii) in a proceeding in which the individual, 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 registered post to:
(i) the residence, or usual place of business, of the individual intended to be served; or
(ii) the secretary, at the registered office of the body corporate or at the office of the organisation or branch; or
(iii) in a proceeding in which the individual, body corporate or organisation or branch has lodged an address for service — at that address.
(3) For subrule (2):
registered office, in relation to such a body corporate, means the principal office or the principal place of business of the body corporate.
secretary, in the case of a body corporate that is a body corporate established under 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.
(4) If service of a document is effected by posting the document to the person to whom it is directed, service of the document must, unless the contrary is proved, be taken 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, the office of a General Manager, Australian Postal Corporation; or
(b) a person authorised in writing by such a person to give a certificate under this subrule;
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 subrule (5), a document purporting to be a certificate mentioned in that subrule must, unless the contrary is proven, be taken:
(a) to be such a certificate; and
(b) to have been duly given.
(1) If provision is made for personal, or other, service of a document in a proceeding before the Commission, the Commission may, on the application of a party, make an order for substituted, or other, service of notice by letter, facsimile transmission, public advertisement or otherwise, for the purpose of bringing the document to the notice of the person to be served.
(2) The application mentioned in subrule (1) must be:
(a) in accordance with Form R51; and
(b) supported by a written statement that the person making the application is authorised to do so.
(3) If the Commission makes an order under subrule (1), the Commission may direct that the notice contain particulars specified by the Commission.
74 Requirement to fix time and place for hearing
(1) If the Commission is required to fix a time and place for the hearing of a matter, the Commission must:
(a) fix a time that is at least 10 working days after a Registrar is able to give notice of the time and place for hearing to, as the case requires:
(i) the parties to the proceedings; or
(ii) a party required to serve notice on another party, or other parties, to the proceedings; and
(b) fix a place that takes into account the convenience of any person who may be required to participate in the proceedings.
(2) The Commission is not required to comply with subrule (1) if:
(a) taking into the consideration the urgency or importance of the matter, it is not reasonably practicable to do so; or
(b) it is otherwise inconvenient to the persons in the proceedings.
(3) Failure to comply with subrule (1) does not affect the validity of any act done by the Commission in relation to the matter.
(4) Unless these Rules provide to the contrary, a party required to serve notice on another party, or other parties, to the proceedings must serve the notice as soon as practicable.
(1) If a document, other than a statutory declaration, is required by these Rules to be signed, that requirement is satisfied if a facsimile of the signature is affixed on the document by electronic means by, or at the direction of, the signatory.
(2) If a decision or determination is required by section 143 of the Act to be signed by a Member of the Commission, that requirement is satisfied if a facsimile of the signature is affixed on the decision or determination by electronic means by, or at the direction of, the signatory.
75 Referral of disagreement concerning manner of establishing or varying a designated work group
(1) A referral of a disagreement, under subsection 24 (4) of the OHS (CE) Act, to the Commission as the reviewing authority must be made in accordance with Form R52.
(2) In resolution of the matter of disagreement, the Commission may invite Comcare to participate in any proceedings.
(1) An appeal, under section 48 of the OHS (CE) Act, to the Commission as the reviewing authority must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R53 and 3 copies of the notice, together with 3 copies of:
(a) the investigator’s decision under appeal; and
(b) any notices issued relating to the decision under appeal; and
(c) any other document in the possession of the appellant that is relevant to the decision under appeal.
(2) An appeal must be instituted before the end of 14 days after the date of the decision appealed against or, on application, within such further time as is allowed by the Commission.
(3) An application to the Commission for leave to institute an appeal after the 14 days mentioned in subrule (2) must be made in accordance with Form R54.
(4) If an appellant seeks an order under subsection 48 (3) of the OHS (CE) Act (that is, an order that the making of the appeal does affect the operation of the decision or prevent the taking of action to implement the decision), the notice of appeal must include an application to that effect.
(5) If a person seeks an order under subsection 48 (4) or (5) of the OHS (CE) Act (that is, an order that the operation of the relevant notice under section 29, or the relevant decision under section 47, of that Act, as the case may be, not be suspended pending determination of the appeal), the notice of appeal must include an application to that effect.
(6) On lodging a notice of appeal under subsection 48 (1) of the OHS (CE) Act, the appellant must, as soon as practicable, serve a copy of the documents lodged in accordance with subrule (1) on:
(a) the investigator who made the decision under appeal; and
(b) the relevant employer affected by the decision; and
(c) any person to whom a notice has been issued under subsection 29 (2), or subsection 47 (1), of the OHS (CE) Act; and
(d) if there is a designated work group that includes an employee affected by the decision:
(i) the health and safety representative for that group; and
(ii) the involved union in relation to that group; and
(e) if there is no designated work group that includes an employee affected by the decision — the involved union in relation to an employee of the employer, being an employee who is affected by the decision; and
(f) a person who owns a workplace, plant, substance or thing to which the decision relates; and
(g) the Chief Executive Officer of Comcare; and
(h) the First Assistant Secretary, Australian Government Employment Group of the Department of Workplace Relations and Small Business.
(7) On lodging a notice of appeal under subsection 48 (2) of the OHS (CE) Act, the appellant must, as soon as practicable, serve a copy of the notice of appeal and documents lodged in accordance with subrule (1) on:
(a) the investigator who made the decision under appeal; and
(b) the relevant employer affected by the decision; and
(c) if there is a designated work group that includes an employee affected by the decision:
(i) the health and safety representative for that group; and
(ii) the involved union in relation to that group; and
(d) if there is no designated work group that includes an employee affected by the decision — the involved union in relation to an employee of the employer, being an employee who is affected by the decision; and
(e) the Chief Executive Officer of Comcare; and
(f) the First Assistant Secretary, Australian Government Employment Group of the Department of Workplace Relations and Small Business.
(8) On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice to:
(a) the appellant; and
(b) the investigator who made the decision under appeal; and
(c) if there is a designated work group that includes an employee affected by the decision:
(i) the health and safety representative for that group; and
(ii) the involved union in relation to that group; and
(d) if there is no designated work group that includes an employee affected by the decision — the involved union in relation to an employee of the employer, being an employee who is affected by the decision; and
(e) the Chief Executive Officer of Comcare; and
(f) the First Assistant Secretary, Australian Government Employment Group of the Department of Workplace Relations and Small Business; and
(g) any other person, if the Commission so directs.
(1) The approved form for a document of the kind mentioned in the provision of the Regulations mentioned in Column 2 of an item in the following table is the form described in Columns 3 and 4 of that table.
Table of approved forms (Workplace Relations Regulations)
Column 1 | Column 2 | Column 3 | Column 4 |
1 | Subregulation 16 (2) | Application for common rule | R55 |
2 | Subregulation 16 (5) | Notice of application for common rule declaration | R56 |
3 | Regulation 18 | Notice of appearance to object to an application for common rule | R57 |
4 | Paragraph 21 (b) | Notice of application for common rule declaration | R58 |
5 | Paragraph 22 (3) (a) | Notice of hearing of application to vary a common rule award | R59 |
6 | Regulation 23 | Notice of variation of common rule award | R60 |
7 | Paragraph 24 (a) | Declaration of common rule application not binding on organisation or person | R61 |
(2) The approved form for a document of the kind mentioned in the provision of the RAO Regulations mentioned in Column 2 of an item in the following table is the form described in Columns 3 and 4 of that table.
Table of approved forms (RAO Regulations)
Column 1 | Column 2 | Column 3 | Column 4 |
1 | Paragraph 21 (1) (a) | Application by an association of employers for registration as an organisation | R62 |
2 | Paragraph 21 (1) (a) | Application by an association of employees (other than an enterprise association) for registration as an organisation | R63 |
3 | Paragraph 21 (1) (a) | Application by an enterprise association of employees for registration as an organisation | R64 |
4 | Paragraph 23 (2) (a) | Notice of objection to the registration of an association | R64A |
5 | Paragraph 27 (a) | Application for leave to change name*/and to alter rules* | R65 |
6 | Paragraph 34 (1) (a) | Application for cancellation of registration | R65A |
7 | Paragraph 34 (5) (a) | Notice of objection to the cancellation of registration | R65B |
8 | Paragraph 35 (1) (a) | Application for cancellation of registration | R65C |
9 | Paragraph 36 (4) (a) | Notice of objection to the cancellation of registration | R65D |
10 | Paragraph 60 (2) (a) | Ballot paper chosen by organisation in relation to proposed amalgamation | R65E |
11 | Paragraph 60 (2) (b) | Ballot paper in relation to proposed amalgamation | R65F |
12 | Paragraph 60 (3) (a) | Ballot paper chosen by organisation and containing alternative provision in relation to proposed amalgamation | R65G |
13 | Paragraph 60 (3) (b) | Ballot paper containing an alternative provision in relation to proposed amalgamation | R65H |
14 | Paragraph 121 (1) (a) | Application for consent to change the name of an organisation | R66 |
15 | Paragraph 121 (1) (b) | Application for consent to the alteration of eligibility rules of an organisation | R67 |
16 | Subregulation 128 (1) | Application for certificate under section 180 of the RAO Schedule | R68 |
17 | Subregulation 129 (3) | Application for renewal of certificate under section 180 of the RAO Schedule | R69 |
78 Repeal of the Rules of the Australian Industrial Relations Commission
Statutory Rules 1989 No. 46; 1992 No. 391; 1994 Nos. 80, 246 and 464; 1995 No. 284 and 1996 Nos. 1 and 154 are repealed.
A document that is lodged, or a proceeding that is commenced, before the commencement of these Rules, under the Rules of the Australian Industrial Relations Commission or the interim Rules of the Australian Industrial Relations Commission issued as a Practice Note on 30 December 1996, is taken to be a document properly filed, or a proceeding properly commenced, as the case may be, under these Rules.
(subrule 5 (1))
Form R1 Notice of appeal under section 45 or 45A
(rule 11)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPEAL UNDER SECTION 45 OR 45A
IN the matter of:
[title of matter and case number]
Notice of an appeal is given by [name of applicant] against [* the decision, award, order or opinion made or act or refusal or failure to make a decision or do an act] by [name of member of the Commission] at [place] on [date] in this matter.
The grounds of this appeal are as follows:
[Set out in numbered paragraphs the grounds including particulars of the grounds on which it is claimed that the matter is of such importance that, in the public interest, leave to appeal should be granted.]
Dated 20 .
[Signature of appellant]
*The appellant must detail the particulars of the matter(s) being appealed by way of specific reference to the categories listed in subsection 45 (1) or 45A (1) of the Act.
Note: 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 must include an application to that effect, as set out below:
“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 Commission.”
Dated 20 .
[Signature of applicant]
Form R2 Application for an extension of time for instituting an appeal
(rule 11)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR AN EXTENSION OF TIME FOR INSTITUTING AN APPEAL
IN the matter of:
[title of matter and case number]
Application is made by [name of applicant] for an extension of time for instituting an appeal against [* the decision, award, order or opinion made or act or refusal or failure to make a decision or do an act] by [name of member of Commission] at [place] on [date] in this matter.
The grounds of this application are as follows:
[Set out in numbered paragraphs the grounds on which it is claimed an extension of time should be granted.]
Dated 20 .
[Signature of applicant]
* The applicant must detail the particulars of the matter(s) being appealed by way of specific reference to the categories listed in subsection 45 (1) or 45A (1) of the Act.
Form R3 Notice of appeal under section 81
(rule 13)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPEAL UNDER SECTION 81
IN the matter of:
[title of matter]
Notice of an appeal is given by [name of appellant] against [* the decision made or act or refusal or failure to make a decision or do an act] by [name of Registrar] at [place] on [date] in this matter.
The grounds of this appeal are as follows:
[Set out in numbered paragraphs the grounds including particulars of each ground.]
Dated 20 .
[Signature of appellant]
* The appellant must detail the particulars of the matter(s) being appealed.
Note: If it is intended to seek a stay of the whole or part of the decision or act concerned pending the determination of the appeal, the notice of appeal must include an application to that effect, as set out below:
“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 Commission.”
Dated 20 .
[Signature of appellant]
Form R4 Notification of an alleged industrial dispute
(rules 14 and 15)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTIFICATION OF AN ALLEGED INDUSTRIAL DISPUTE
Under section 99 of the Workplace Relations Act 1996, [name of organisation or employer or Minister] notifies you of the existence of an alleged industrial dispute between:
[names and addresses of all parties to the industrial dispute]
concerning
[*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 .
Dated 20 .
[Signature of notifier]
* The original and 2 copies of the notification of an alleged industrial dispute arising from the service of a log of claims should be accompanied by 2 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.
Form R5 Information sheet for employers served with a log of claims by a union
(rule 16)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Union demands on employers are frequently made by a letter demanding agreement, within a specified time, to matters set out in a log of claims. If the demands are not agreed to, the union will normally notify the Australian Industrial Relations Commission (the Commission) that an alleged industrial dispute exists between it and the employers.
The Commission, on being notified, will list the alleged industrial dispute for hearing. At the hearing the Commission will normally decide whether there is an industrial dispute and if so, who the parties to it are and what the matters in dispute are. Employers (who the union asserts were sent the log of claims) will be advised of the time and place of the hearing.
You are not obliged to attend the hearing. However, if you do not attend or are not represented, the hearing will normally go ahead in your absence and decisions may be made by the Commission. Whether you should attend or be represented at the hearing is a matter about which you may wish to take advice from your industrial relations, legal or other advisers.
If the Commission finds that an industrial dispute exists between a union and employers, the union may seek the making of an award or agreement in settlement (or part settlement) of the dispute.
This information sheet is required by the rules of the Commission to be provided for the information of employers served with demands by unions. It is not intended to be comprehensive. The law that applies to the matters referred to in this information sheet is the Commonwealth Workplace Relations Act 1996. Employers seeking further information or wanting advice should consult their advisers. Many employers are members of industry or employer associations who may be able to provide appropriate advice.
Form R6 Application to set aside or vary an award
(rule 22)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION TO SET ASIDE OR VARY AN AWARD
IN the matter of:
[title of award]
Application is made by [name of the organisation or person] *for the setting aside/*variation of the abovementioned award in the following terms.
[Set out terms of variation]
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds]
Dated 20 .
[Signature of applicant]
* Omit whichever is inapplicable.
To the persons and organisations bound by the abovementioned award.
You are hereby notified that the abovementioned application will be heard by [name of Commission member] at [time] on [date] at [place] and that you may appear and be heard at the time and place so fixed.
Dated 20 .
[Signature]
Member of Commission
[or Registrar]
(rule 23)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR VARIATION OF AWARD TO GIVE EFFECT TO AGREEMENT NEGOTIATED UNDER ENTERPRISE FLEXIBILITY PROVISION
IN the matter of:
[title of award and original dispute number]
Application is made by [name of applicant] to vary the abovementioned award for the purpose of giving effect to the attached agreement negotiated under the enterprise flexibility provision of the above award.
Dated 20 .
[Signature of applicant]
Note: In respect of each party to the agreement, the application must be accompanied by statutory declarations of the type described in subrule 23 (2).
Form R8 Application for an order under section 133 of the RAO Schedule
(rule 24)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR AN ORDER UNDER SECTION 133 OF THE RAO SCHEDULE IN RELATION TO REPRESENTATION RIGHTS OF ORGANIZATIONS OF EMPLOYEES
Application is made by [name of applicant] for the following order:
[Set out terms of order sought including detail of the demarcation dispute in relation to which the jurisdiction to make an order is to be exercised]
The grounds on which this application is made are as follows:
[Set out the grounds in numbered paragraphs]
The following organisations and persons may have an interest in this matter:
[Set out names of organisations and persons which may have an interest in this matter]
Dated 20 .
[Signature of applicant]
Form R9 Application for an order to stop or prevent industrial action
(rule 25)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR AN ORDER TO STOP OR PREVENT INDUSTRIAL ACTION
IN the matter of:
* an industrial dispute between [names of parties to the industrial dispute directly affected or likely to be directly affected by the industrial action and case number]
* a negotiation or proposed negotiation of an agreement under Division 2 of Part VIB between [names of all negotiating parties and bargaining case number]
* work that is regulated by [title of the award or certified agreement]
Application is made by [name of applicant] for an order under subsection 127 (2) of the Act in the following terms:
[Set out terms of order]
The grounds on which this application is made are as follows:
[Set out the grounds in numbered paragraphs, including details of:
Dated 20 .
[Signature of applicant]
To:
*each party to the abovementioned industrial dispute who is, or is likely to be directly affected by the industrial action
*each negotiating party to the abovementioned negotiation or proposed negotiation
*each organisation and employer bound by the abovementioned award or agreement who is directly affected or likely to be directly affected by the industrial action
*each person identified by name in the application against whom an order is sought
*such other person or persons, as the Commission directs.
You are hereby notified that the abovementioned application will be heard by the Commission at [time] on [date], at [place], and that you may appear and be heard at the time and place so fixed.
Dated 20 .
[Signature]
Member of Commission
[or Registrar]
* Omit whichever is inapplicable.
Form R10 Notification of boycott dispute
(rule 28)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTIFICATION OF BOYCOTT DISPUTE
TO:
[name of Registrar or President of the Commission]
Under section 157 of the Act [name of party notifying dispute] notifies you of the existence of a boycott dispute between:
[names and addresses of all parties to the alleged dispute] concerning:
[Set out details of the boycott or threatened, impending or probable boycott]
The alleged dispute relates to a boycott, or a threatened, impending or probable boycott, in relation to which there are proceedings pending before the Court and in which the Australian Competition and Consumer Commission is a party to the proceedings.*
The following persons are, to the best of my knowledge and belief, persons who are entitled under section 160 of the Act to be a party to the proceeding before the Commission:
[Set out names and addresses of the persons]
Cite the award(s) or certified agreement relevant to the dispute (if applicable).
Dated 20 .
[Signature of notifier]
* Omit if inapplicable.
Form R11 Written notice of intention to bring action in tort
(rule 29)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
WRITTEN NOTICE OF INTENTION TO BRING ACTION IN TORT
TO:
[name of Registrar or member of Commission]
Under section 166A of the Act [name of party giving notice] gives you notice of its intention to bring an action in tort against [Insert names of organisation(s) and/or the names of officer(s), member(s), or employee(s) of [name of organisation(s)]] and other persons* in respect of conduct by [Insert details of conduct to be subject of action, including names and addresses of all alleged parties to the dispute or disputes to which the conduct relates].
The award(s) or certified agreement(s) relevant to the dispute (if applicable) are:
Dated 20 .
[Signature of notifier]
* Omit if inapplicable.
Form R12 Application for cancellation or suspension of an award
(rule 31)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR CANCELLATION OR SUSPENSION OF AN AWARD
IN the matter of:
[title of award ]
Application is made by [name of applicant] for the abovementioned award (or the following terms of the abovementioned award) 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 20 .
[Signature of applicant]
To the applicant and to the other parties to the award:
You are notified that the abovementioned application will be heard by the Commission at [time] on [date], at [place], and that you may appear and be heard at the time and place so fixed.
Dated 20 .
[Signature]
Member of Commission
[or Registrar]
Form R13 Application for order requiring equal remuneration for work of equal value
(rule 33)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR ORDER REQUIRING EQUAL REMUNERATION FOR WORK OF EQUAL VALUE
Application is made by [name of the employee or trade union whose rules entitle it to represent the industrial interests of employees to be covered by the order (or the Sex Discrimination Commissioner)] for the making of an order for employee(s) covered by the order that there will be equal remuneration for work of equal value.
The order sought is:
[Set out the terms of the proposed order including the employee(s) to be covered by the order]
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds including particulars of the grounds on which it is claimed that no adequate alternative remedy exists under section 170BE of the Act]
No proceedings for an alternative remedy have begun under another provision of the Act or under another law of the Commonwealth or under a law of a State or Territory/Proceedings or the proceedings for an alternative remedy have been discontinued or failed for want of jurisdiction.*
The applicant seeks that the power of the Commission under section 170BI of the Act to prevent an industrial dispute about equal remuneration for work of equal value for employees be exercised.*
The following trade unions and employer organisations or associations may, to the best of the knowledge and belief of the applicant, have an interest in the matter:
[Set out trade unions and employer organisations or associations which may have an interest in the matter]
The following employer(s) may, to the best of the knowledge and belief of the applicant, have an interest in the matter:
[Set out employer(s) who may have an interest in the matter]
The following organisations and persons are likely to be a party/parties to the dispute to be prevented:*
[Set out organisations and persons likely to be a party/parties to the dispute]
Dated 20 .
[Signature of applicant]
* Omit if inapplicable.
Form R14 Notice of hearing for application for order for equal remuneration for work of equal value
(rule 33)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF HEARING FOR APPLICATION FOR ORDER FOR EQUAL REMUNERATION FOR WORK OF EQUAL VALUE
IN the matter of:
[case number]
Notice is given—
(a) that on [date] the Commission received an application for an order for equal remuneration for work of equal value in respect of the undermentioned employee(s):
[Set out employee(s) to be covered];
(b) that the matter will be heard at [time] on [date] at [place] before [name of Commission Member]; and
(c) that each trade union whose rules entitle it to represent the industrial interests of any of the employees concerned and each organisation or association representing employers of any of those employees and wishing to be heard in relation to the application is invited to attend the Commission on the abovementioned date; and
(d) that any employer of employees to be covered by the order and wishing to be heard in relation to the application is invited to attend the Commission on the abovementioned date.
A copy of the application may be inspected at the Australian Industrial Registry at [address] free of charge.
[Signature]
Registrar
(rule 34)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR EMPLOYMENT TERMINATION ORDER BY COMMISSION CREATING RULES OF GENERAL APPLICATION
Application is made by [name of employee or of trade union whose rules entitle it to represent the industrial interests of employee(s) to be covered by the order] for the making of an order giving effect to
* Article 12 of the Termination of Employment Convention in so far as it relates to a severance allowance or separation benefits in relation to the termination of employment of employees
* Article 13 of the Termination of Employment Convention in relation to the termination of employment of employees
in respect of the undermentioned employee(s).
The order sought is:
[Set out terms of the order sought including the employee(s) to be covered by the order]
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds including particulars of the grounds on which it is claimed that no alternative mechanism exists under section 170FC of the Act]
The following trade unions and employer organisations or associations may, to the best of the knowledge and belief of the applicant, have an interest in the matter:
[Set out trade unions and employer organisations or associations which may have an interest in the matter]
The following employer(s) may, to the best of the knowledge and belief of the applicant, have an interest in the matter:
[Set out employer(s) who may have an interest in the matter]
Dated 20 .
[Signature of applicant]
* Omit if inapplicable.
(rule 34)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF HEARING FOR APPLICATION FOR EMPLOYMENT TERMINATION ORDER CREATING RULES OF GENERAL APPLICATION
IN the matter of:
[case number]
Notice is given —
(a) that on [date] the Commission received an application for an employment termination order giving effect to
* Article 12 of the Termination of Employment Convention in so far as it relates to a severance allowance or separation benefits in relation to the termination of employment of employees
* Article 13 of the Termination of Employment Convention in relation to the termination of employment of employees
in respect of the undermentioned employee(s):
[Set out employee(s) to be covered by the order]; and
(b) that the matter will be heard at [time] on [date] at [place] before [name of Commission Member]; and
(c) that each trade union whose rules entitle it to represent the industrial interests of any of the employees concerned and each organisation or association representing employers of any of those employees and wishing to be heard in relation to the application is invited to attend the Commission on the abovementioned date; and
(d) that any employer of employees to be covered by the order and wishing to be heard in relation to the application is invited to attend the Commission on the abovementioned date.
A copy of the application may be inspected at the Australian Industrial Registry at [address] free of charge.
Dated 20 .
[Signature]
Registrar
* Omit if inapplicable.
Form R17 Application for order if employer fails to consult trade union about terminations
(rule 35)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR ORDER IF EMPLOYER FAILS TO CONSULT TRADE UNION ABOUT TERMINATIONS
Application is made by [name of the employee, or trade union whose position is to be affected by the order or trade union whose rules entitle it to represent the industrial interests of such employees] for the making of an order where the employer fails to consult [name of trade union] about terminations.
The order sought is:
[Set out terms of the order sought and name and address of employer]
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds including the particulars of the grounds on which it is claimed that no alternative remedy exists under section 170GC of the Act]
Dated 20 .
[Signature of applicant]
Form R18 Application for relief in relation to termination of employment
(rule 37)
Australian Industrial Relations Commission Application for relief in relation to termination of employment | COMMISSION USE ONLY File number: | |||||||||||
Workplace Relations Act 1996 (Commonwealth) Subsection 170CE (1) | Date received: | |||||||||||
In making this claim you (the applicant) should be aware that: specified categories of employees are not able to make or are excluded from making a claim under the Termination of Employment provisions of the Workplace Relations Act 1996. an application must be lodged within 21 days after the day on which the termination took effect, or within such period as the Commission allows (see ss 170CE (7)). section 170CJ of the Workplace Relations Act 1996 allows the Commission to make an order for costs in certain circumstances. 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)). Details in relation to these matters are available from the Industrial Registry. | ||||||||||||
Details of Employee (the applicant) | ||||||||||||
Mr Mrs Miss Ms 1 Full name | Family name:
Given names:
| |||||||||||
2 Home address |
Postcode: | |||||||||||
3 Phone or fax number(s) | business hours ( ) after hours ( ) facsimile ( ) | |||||||||||
4 Date of birth | day/month/year / / | |||||||||||
5 First language | English other (specify) Is an interpreter needed? Yes No Is there a family member or friend who can assist you? Yes No | |||||||||||
Details of Employer | ||||||||||||
6 Employer’s name
Contact person’s name |
| |||||||||||
7 Employer’s trading address or registered office |
Postcode: Phone ( ) Fax ( ) | |||||||||||
8 Work performed for employer (occupation) |
| |||||||||||
9 Place of work |
Suburb/town: Postcode: | |||||||||||
10 Date when you first worked for employer |
/ / | |||||||||||
11 Date when you last worked for employer |
/ / | |||||||||||
12 Date termination of employment took effect |
/ / State the date when you think the termination of employment took effect if the date is different from the date when you last worked. | |||||||||||
Did you receive written notice of termination/ separation certificate? |
No Yes I attach a copy | |||||||||||
13 Qualifying period of employment | If you commenced employment on or after 30 August 2001, have you and your employer determined by written agreement the qualifying period of employment? (See section 170CE (5A) of the Workplace Relations Act 1996.) No Yes If yes, the qualifying period of employment determined by written agreement: (a) began on (date): / / . (b) ends/ended on (date): / / . | |||||||||||
14 Other employment details (if known) | What is the name of the award or agreement (including Australian Workplace Agreement) under which you were employed immediately before the termination?
Is the award or agreement a State or Federal award? Federal State If State, name of State: | |||||||||||
Extension of Time | ||||||||||||
15 This section must be completed if the application is lodged more than 21 days after the day on which the termination took effect (see item 12). In such cases, the Commission must decide whether to accept the application. My reason/s for seeking an extension of time to lodge this application is/are:
| ||||||||||||
Details of your representative or union | ||||||||||||
16 Is anyone representing you? | No go to item 20 / Yes go to item 17 | |||||||||||
17 Name of legal firm, union or other representative |
| |||||||||||
18 Name of contact person at legal firm, union or other representative |
| |||||||||||
19 Contact details of legal firm, union or other representative |
Postcode: Phone ( ) Fax ( ) | |||||||||||
Notices from the Commission | ||||||||||||
20 Where do you want notices from the Commission to be sent? | Home address
| Address of solicitor, union or other representative | Other address give details
| |||||||||
| Choose only one option | |||||||||||
Grounds for application | ||||||||||||
21 Grounds upon which this application is based
| Identify the ground or grounds under subsection 170CE (1) of the Workplace Relations Act 1996 upon which this application is based: (a) on the ground that the termination was harsh, unjust or unreasonable; and/or (b) on the ground of an alleged contravention of: section 170CK (discrimination or other prohibited reasons); and/or section 170CL (failure to notify Centrelink of redundancies); and/or section 170CM (failure to give notice of termination); and/or section 170CN (failure to comply with a section 170FA order) | |||||||||||
Relief sought | ||||||||||||
22 What are you seeking? | reinstatement | an amount in relation to the remuneration lost, or likely to have been lost, by you, because of the termination
| other - give details
| |||||||||
23 Brief summary of reasons given by employer for the termination
| Write here or attach document | |||||||||||
Declaration | ||||||||||||
I further declare that all the facts in this application are correct and complete to the best of my knowledge and belief. | ||||||||||||
The employee must sign this declaration unless the application was prepared by a solicitor, union or other representative of the employee. |
[signature of employee]
Date / / | |||||||||||
[signature of solicitor, union or other representative]
Date / / | ||||||||||||
If this application was prepared by a legal practitioner, has a contingency fee agreement (see section 170CIA) been entered into? Yes No
If this application was prepared by a representative other than a legal practitioner, has a costs arrangement (see section 170CIA) been entered into? Yes No
See next page for lodgment fee details
U No _______________________
Fee Section 170CEAA of the Workplace Relations Act 1996 requires a fee of $50.00 to be paid on lodgment of this application with the Commission unless a Registrar has, in effect, approved the waiving of the fee (in which case a copy of the Registrar’s approval should accompany this application). If an application is lodged by facsimile transmission, credit card details must be provided for payment of the fee (if any). 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 cash cheque/money order (to be made payable to Collector of Public Monies, Australian Industrial Registry) Bankcard Visa Mastercard Card Number __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ Card Expiry Date __ __ / __ __ Cardholder’s Name ………………………………………………....... Signature ……………………………………………… Any refund of the lodgement fee (see subsection 170CEAA (8)) will be forwarded to the applicant at the address nominated in item 20.
|
Commission use only
Receipt Number: ........................................ / Credit Transaction Processed: .................................................. |
Note A copy of this completed form (and any attachments) will be forwarded to your former employer.
PLEASE RETAIN A COPY OF THIS DOCUMENT FOR YOUR OWN RECORDS
Form R19 Application for relief in respect of termination of employment
(rule 37)
Australian Industrial Relations Commission Application for relief in respect of termination of employment | Commission use only |
Workplace Relations Act 1996 (Cth) Subsection 170CE (2) or (4) | date received |
This Form is to be completed in respect of an application to the Commission for relief in respect of termination of employment solely on the ground of an alleged contravention of section 170CL of the Workplace Relations Act 1996. Section 170CL states: “(1) This section applies if an employer decides to terminate the employment of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons. (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: (a) the reasons for the terminations; and (b) the number and categories of employees likely to be affected; and (c) the time when, or the period over which, the employer intends to carry out the terminations. (3) The employer must not terminate an employee’s employment pursuant to the decision unless the employer has complied with subsection (2).”. | |
In making this claim you (the applicant) should be aware that:
Details in relation to these matters are available from the Industrial Registry.
Details of employer alleged to have contravened section 170CL | |||||||||
1 employer’s name
contact person |
| ||||||||
2 employer’s trading address or registered office |
postcode phone ( ) fax ( ) | ||||||||
3 date notice of decision to terminate employee’s employment was given. |
/ /
| ||||||||
4 other employment details
| State the name of the award or agreement (including Australian Workplace Agreement) under which the employees are*/ were employed
__________________________________ State whether the award or agreement is State or Federal Federal State If State, name of State
| ||||||||
5 About the employees Here insert name and address of employee/s whose employment has been* / is proposed to be * terminated by the employer | |||||||||
6 Brief summary of reasons given for termination or threatened termination (or attached) | |||||||||
Extension of Time | |||||||||
7 This section to be completed if the application is lodged more than 21 days after the day on which the employee is given notice of the decision to terminate the employee’s employment (see Item 3 above). In such cases, the Commission must decide whether to accept the application. My reason/s for seeking an extension of time to lodge this application is/are:(or attached) | |||||||||
Details of Union | |||||||||
8 Is your union acting on your behalf | No go to 11 Yes go to 9 | ||||||||
9 name and address of union |
Postcode | ||||||||
10 union contact person |
phone ( ) fax ( ) | ||||||||
Details of representative | |||||||||
11 Is anyone representing you? | No go to 15 Yes go to 12 | ||||||||
12 name of solicitor or representative’s firm |
| ||||||||
13 name of contact person
|
| ||||||||
14 address |
Postcode phone ( ) fax ( ) | ||||||||
Notices from the Commission | |||||||||
15 Where do you want notices from the Commission sent? (choose one only) | address in 5
| union in 9 | other in 12 give details
| ||||||
Declaration | |||||||||
I further declare that all the facts in this application are correct and complete to the best of my knowledge and belief. | |||||||||
The employee must sign this declaration* | Signature of employee
date / / | ||||||||
If a solicitor or authorised representative has prepared the application, that person must sign here | Signature of solicitor or representative
date / / | ||||||||
If a union or an inspector is applying on behalf of the employee, a union representative or the inspector, as the case may be, must sign here | Signature for union or inspector
date / / Name (print) position | ||||||||
U No _____________________________
FEE [Section 170CEAA of the Workplace Relations Act 1996 requires a fee of $50.00 to be paid on lodgment of this application in the Commission unless a Registrar has approved the waiving of the fee (in which case a copy of the Registrar’s approval should accompany this application). If an application is lodged by facsimile transmission the credit card details must be provided] cash cheque/money order (to be made payable to “Collector of Public Monies, Australian Industrial Registry”) Bankcard Visa Mastercard Card Number _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Card Expiry Date ____ / ____ Cardholder’s Name ________________________________________ Normal Card Signature _____________________________________ In the event of a refund of the lodging fee being applicable, the refund should be forwarded to:
|
Commission Use Only
Receipt Number__________________________/Credit Transaction
Processed___________________
Form R20 Application for relief in respect of termination of employment
(rule 37)
Australian Industrial Relations Commission Application for relief in respect of termination of employment | Commission use only file number |
Workplace Relations Act 1996 (Cth) | date received |
This Form is to be completed in respect of an application to the Commission for relief in respect of termination of employment solely on the ground or grounds of an alleged contravention of one or more of sections 170CK, 170CM and 170CN of the Workplace Relations Act 1996.
In making this claim the applicant union (being a trade union whose rules entitle it to represent the industrial interests of the employee) should be aware that:
Details in relation to these matters are available from the Industrial Registry.
Application is made by—
Name of union making application
|
|
address of union union contact person for notices from the Commission | postcode phone ( ) fax ( ) |
The application is made on behalf of the following employee/s
Name/s of employee/s
| |||||
(or attached) | |||||
Grounds for application | |||||
Identify the ground or grounds under subsection 170CE (3) of the Workplace Relations Act 1996 upon which this application is based— on the ground or grounds of an alleged contravention of one or more of— section 170CK ; and/ or section 170CM ; and/ or section 170CN | |||||
Details of employer | |||||
employer’s name contact person |
| ||||
employer’s trading address or registered office |
postcode phone ( ) fax ( ) | ||||
date/s of termination of employee/s employment |
/ / | ||||
other employment details | State the name of the award or agreement (including Australian Workplace Agreement) under which the employee/s were employed immediately prior to the termination/s | ||||
| State whether the award or agreement is State or Federal Federal State If State, name of State | ||||
Relief Sought | |||||
Identify the type of relief being sought | reinstatement | compensation | other—give details | ||
Declaration | |||||
I declare that all the facts in this application are correct and complete to the best of my knowledge and belief. | |||||
union representative must sign here |
date / / | ||||
|
name (print) position | ||||
U No _____________________________
FEE [Section 170CEAA of the Workplace Relations Act 1996 requires a fee of $50.00 to be paid on lodgment of this application in the Commission unless a Registrar has approved the waiving of the fee (in which case a copy of the Registrar’s approval should accompany this application). If an application is lodged by facsimile transmission the credit card details must be provided] cash cheque/money order (to be made payable to ‘Collector of Public Monies, Australian Industrial Registry’) Bankcard Visa Mastercard Card Number _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Card Expiry Date ____ / ____ Cardholder’s Name_________________________________________ Normal Card Signature ______________________________________ In the event of a refund of the lodging fee being applicable, the refund should be forwarded to: |
Commission Use Only
Receipt Number__________________________/Credit Transaction
Processed___________________
Form R21 Notice of employer’s appearance — termination of employment
(rule 38)
Australian Industrial Relations Commission Notice of Employer’s appearance — termination of employment Workplace Relations Act 1996 (Commonwealth) Section 170CE | COMMISSION USE ONLY File number:
| |
Date received: | ||
Please place a tick or cross, where necessary, in the boxes below. | ||
Application details (as stated in Form R18) | ||
Mr Mrs Ms 1 Full name
| Family name:
Given names:
| |
2 Commission Case/ | U | |
Details of employer | ||
3 Employer named on application |
| |
4 Has the applicant given the employer's correct name? | Yes No
| |
5 Employer’s address |
Postcode: | |
6 Details of contact person |
[first name] [family name] Phone ( ) Fax ( ) Mobile | |
7 Employer’s details | Company ACN _______________ Partnership Sole trader Government Authority Other (specify) | |
8 Was the employer named in item 3 or 4 above the employer of the applicant at the time of termination? | Yes No If no, what was the name and address of employer at time of termination? | |
9 Was the applicant employed under an award or agreement (including an Australian Workplace Agreement) immediately before the termination? | Yes No If yes, was it: Federal or State
If State, which State? | |
Details of employer’s representative | ||
10 Is anyone representing the employer? | Yes go to item 11 No go to item 14 | |
11 Name of solicitor, legal firm, employer organisation or other representative |
| |
12 Contact details of solicitor, legal firm, employer organisation or other representative |
[first name] [family name] Phone ( ) Fax ( ) Mobile | |
13 Address of solicitor, legal firm, employer organisation or other representative |
Postcode: | |
Address for notices | ||
14 Where does the employer want notices to be sent? | Business address or address of solicitor, employer organisation or other representative Choose only one option | |
Reasons for termination | ||
15 Brief summary of reason(s) given to employee for termination | Write here or attach document
| |
Late lodgment objection (if applicable) | ||
16 If the application was lodged in the Commission more than 21 days after the day on which the termination took effect, the Commission must decide whether to accept the application. If the application was lodged out of time, please indicate whether the employer objects to the Commission extending the time for lodgment. | ||
I object to the Commission extending the time for lodgment and also object to conciliation before determination of the application to extend time; OR | ||
I object to the Commission extending the time for lodgment but do not object to conciliation before determination of the application to extend time; OR | ||
I do not object to the Commission extending the time for lodgment. | ||
Dismissal for want of jurisdiction (if applicable) | ||
Note If the employer intends to move for the dismissal of the application for want of jurisdiction, Form R21A must be completed and filed. | ||
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: | ||
| ||
| ||
| ||
| ||
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)). | ||
| ||
| ||
(This may be a relevant objection only in NSW, Qld, WA, SA, Tas. This basis of objection is only applicable if the application is based on the ground that the termination was harsh, unjust or unreasonable.) | ||
(This may be a relevant objection only in NSW, Qld, WA, SA, Tas. This ground of objection is applicable only if the application is based on the ground that the termination was harsh, unjust or unreasonable.) | ||
Declaration | ||
I declare that all the facts in this notice are correct and complete to the best of my knowledge and belief. | ||
The employer must sign this declaration unless the application was prepared by a solicitor, employer organisation or other representative of the employer. |
[signature of employer]
Date / / | |
[signature of solicitor, employer organisation or other representative]
Date / / | ||
If this notice was prepared by a legal practitioner, has a contingency fee agreement (see section 170CIA) been entered into? Yes No
If this notice was prepared by a representative other than a legal practitioner, has a costs arrangement (see section 170CIA) been entered into? Yes No
Note This form must be lodged with the Commission within 7 days of receipt of the application (Form R18). Immediately after lodging the form, the employer must give a copy of the form to the applicant personally, or by post or facsimile transmission, at his or her address for service.
PLEASE RETAIN A COPY OF THIS DOCUMENT FOR YOUR OWN RECORDS
Form R21A Motion to dismiss the application for want of jurisdiction
(rule 38)
Australian Industrial Relations Commission Motion to dismiss the application for want of jurisdiction Workplace Relations Act 1996 (Cwlth) Section 170CEA | COMMISSION USE ONLY File number:
| ||
Date received: | |||
Dismissal for want of jurisdiction Please place a tick or cross, where necessary, in the boxes below | |||
| The respondent moves for the dismissal of the application for want of jurisdiction before the matter is referred for conciliation; OR | ||
| The respondent moves for the dismissal of the application for want of jurisdiction but indicates that the motion may be dealt with after the matter is referred for conciliation; OR | ||
| The respondent moves (not having previously so moved) for the dismissal of the application for want of jurisdiction as conciliation has not resulted in settlement of this matter; OR | ||
| The respondent moves (having previously so moved) for the dismissal of the application for want of jurisdiction. | ||
The respondent moves for the dismissal of the application on the following grounds:
Note See Form R21 for some examples of jurisdictional grounds on which an employer may move for the dismissal of the application. Documentation that will be relied on to substantiate the jurisdictional objection must accompany this Notice. | |||
Declaration | |||
I declare that all the facts in this notice are correct and complete to the best of my knowledge and belief. | |||
The respondent must sign this notice unless a solicitor, legal firm, employer organisation or other representative has prepared the notice. |
[signature of respondent]
Date / / | ||
[signature of solicitor, legal firm, employer organisation or other representative]
Date / / | |||
Note A motion to dismiss the application for want of jurisdiction is deemed to be made on the date of filing. Immediately after filing the motion, the employer must give a copy of the motion to the applicant personally, or by post or facsimile transmission, at his or her address for service.
PLEASE RETAIN A COPY OF THIS DOCUMENT FOR YOUR OWN RECORDS
Form R22 Notice of representative’s appearance
(rule 39)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF REPRESENTATIVE’S APPEARANCE
1. Title of Matter:
............…………...................................................................................…………
U No. ..............................................
2. Name of solicitor or other representative entering appearance*/change
of appearance*
………...................................................................................................…………
3. Address for service of solicitor or representative
........................................................................................................……….……..
........................................................................................................……………...
................................……….....…….............Facsimile:…....................………....
4. Appearance is entered on behalf of applicant*/respondent*.
5. I/We have been retained by the party under a costs arrangement or a contingency fee agreement Yes No
6. Signature of solicitor or representative....…...……......................……….
7. Date of this Notice ...............................………….…………….…….…...
* Omit whichever is inapplicable.
Note Immediately after filing the notice, a copy must be given to the other party at his or her address for service either personally, or by post or facsimile transmission.
Form R23 Notice of discontinuance
(rule 43)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF DISCONTINUANCE
Commission Reference U ................................................................
In the matter of
[name of employee]
and
[name of employer]
The Applicant
*wholly discontinues this matter
*wholly discontinues this matter as part of the terms of settlement agreed to.
Dated: .......................................................
Signed: ......................................................................................
[applicant/solicitor/union or other representative]
* Omit whichever is inapplicable.
NOTE: AFTER FILING THIS NOTICE IN THE INDUSTRIAL REGISTRY A COPY OF THIS NOTICE MUST BE GIVEN IMMEDIATELY TO THE EMPLOYER AT HIS OR HER ADDRESS FOR SERVICE EITHER PERSONALLY, BY POST OR FACSIMILE TRANSMISSION.
Commission use only: |
Form R24 Certificate under section 170CF
(rule 44)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
CERTIFICATE STATING COMMISSION IS SATISFIED CONCILIATION UNSUCCESSFUL
(U No ..............................................)
[name of member] [place and date]
An application for relief in respect of termination of employment has been lodged on the following ground or grounds:
the termination was harsh, unjust or unreasonable
an alleged contravention of section 170CK of the Act
an alleged contravention of section 170CL of the Act
an alleged contravention of section 170CM of the Act
an alleged contravention of section 170CN of the Act
In accordance with subsection 170CF (2) of the Workplace Relations Act 1996, the Commission certifies that all reasonable attempts to settle the matter by conciliation have been, or are likely to be, unsuccessful in respect of the following ground or grounds:
the termination was harsh, unjust or unreasonable
an alleged contravention of section 170CK of the Act
an alleged contravention of section 170CL of the Act
an alleged contravention of section 170CM of the Act
an alleged contravention of section 170CN of the Act
An assessment of the merits of the application has been indicated to the parties in the following terms:
[set out terms of assessment]
The Commission recommends that the applicant not pursue the application*
AND/OR
Having regard to all the material before the Commission, the Commission concludes under subsection 170CF (4) that the applicant has no reasonable prospect of success at arbitration in relation to the ground that the termination was harsh, unjust or unreasonable.]*
* Omit if inapplicable
BY THE COMMISSION:
[Signature of member]
Member’s Title
Note The applicant has 7 days from the date of this certificate within which to lodge a notice of election.
(rule 45)
Australian Industrial Relations Commission
Workplace Relations Act 1996 (Cth)
| Commission use only Date Received: | |
NOTICE OF ELECTION TO PROCEED TO ARBITRATION OR TO BEGIN COURT PROCEEDINGS UNDER SUBSECTION 170CFA (1), (2), (3), (4) OR (5) |
| |
insert names of parties | insert Commission Reference No | |
I, .................................................................................................., being the applicant in the above matter, in respect of which the Commission has issued a certificate dated...............................(you may indicate your election* by placing a cross in the space provided below):
Under subsection 170CFA (1) [ie. unfair only] elect as follows:
(i) to proceed to arbitration to determine whether the termination was harsh, unjust or unreasonable
OR
(ii) not to proceed
Under subsection 170CFA (2) [ie. unfair & notice] elect either, both, or neither of the following:
(i) to proceed to arbitration to determine whether the termination was harsh, unjust or unreasonable
AND/OR
(ii) to begin proceedings in a court of competent jurisdiction for an order under section 170CR in respect of the alleged contravention of section 170CM
OR
(iii) neither of the above
Under subsection 170CFA (3) [ie. unfair & unlawful other than notice] elect to do either or neither of the following:
(i) to proceed to arbitration to determine whether the termination was harsh, unjust or unreasonable
OR
(ii) to begin proceedings in the Court for an order under section 170CR in respect of the alleged contravention, or of any one or more of the alleged contraventions
Under subsection 170CFA (4) [ie. unlawful only] elect to do either, both or neither of the following:
(i) so far as concerns an alleged contravention of a section or sections other than section 170CM—to begin proceedings in the Court for an order under section 170CR in respect of the alleged contravention, or of any one or more of the alleged contraventions
AND/OR
(ii) so far as concerns an alleged contravention of section 170CM—to begin proceedings in a court of competent jurisdiction for an order under section 170CR in respect of the alleged contravention
OR
(iii) neither of the above
Under subsection 170CFA (5) [ie. unfair & notice & other unlawful] must elect:
(i) to do either or both of the things permitted in subsection 170CFA (2) being proceedings under s 170CFA (2) (c) AND/OR s 170CFA (2) (d)
OR
(ii) to do either or both of the things permitted in subsection 170CFA (4) being proceeding under s 170CFA(4)(a) AND/OR s 170CFA(4)(b)
OR
(iii) none of those things
(*an election can only be made in respect of the particular options relating to the ground or grounds identified in the certificate as not Settled, or not likely to be Settled, by conciliation)
This section to be completed if the election is lodged more than 7 days after the day of issue of the certificate by the Commission under subsection 170CF(2):
My reason/s for seeking an extension of time to lodge this election is/are: (or attached)
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
............................................................................................... .......................................... Date
name and signature of applicant or applicant’s solicitor, union or representative
AFTER LODGING THIS NOTICE IN THE INDUSTRIAL REGISTRY A COPY OF THIS NOTICE MUST BE GIVEN IMMEDIATELY TO THE EMPLOYER AT HIS OR HER ADDRESS FOR SERVICE EITHER PERSONALLY, BY POST OR FACSIMILE TRANSMISSION
NOTE: In the event that an applicant elects to begin court proceedings, the lodgment of this Notice of Election Form in the Industrial Registry will not have the effect of commencing any such court proceedings. Consequently, in addition to the lodgment of this Form in the Industrial Registry (and the giving of a copy to the employer), it is incumbent upon the applicant to also commence such proceedings before an appropriate court.
Form R26 Application for order for costs under section 170CJ
(rule 47)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR ORDER FOR COSTS UNDER SECTION 170CJ
In the matter of [short title of matter and case reference]
Application is made by [name of the party seeking an order for costs] for an order for costs incurred in respect of an application under section 170CE of the Act.
The order is sought under [particular subsection or subsections of section 170CJ which is or are applicable]
against [name of party against whom order is to be made ]
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds upon which the application for costs is based]
Dated 20 .
[Signature of applicant]
Form R26A Application for security for the payment of costs under section 170CJ
(rule 47A)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR SECURITY FOR THE PAYMENT OF COSTS UNDER SECTION 170CJ
In the matter of [short title of matter and case reference]
Application is made by [name of the party seeking an order for security of costs] for an order for security for the payment of costs.
The order is sought in respect of [insert the particular application under section 170CE or the particular proceedings begun in relation to an application under section 170CE (see subsection 170CJ (8), as the case may be, for which the order is sought] against [name of party against whom order is to be made]
The grounds on which this application is made are as follows:
[set out in numbered paragraphs the grounds upon which the application for costs is based]
Dated 20 .
[signature of applicant]
(rule 48)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
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
(AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS
AND AN ORGANISATION OR ORGANISATIONS OF EMPLOYEES)
(SECTION 170LJ)
IN the matter of: [title of matter]
Application is made under Division 2 (Making agreements with constitutional corporations or the Commonwealth) of Part VIB of the Act by [name of the applicant(s)] for the certification of the attached written agreement between [Insert names of parties to the agreement].
I [or We] seek to have this application heard in [appropriate capital city].
* [name of Member] has assisted in facilitating the making of this agreement.
Dated 20 .
[Signature(s) of applicant(s)]
Note: In respect of each party to the agreement, the application must be accompanied by a statutory declaration in accordance with Form R28.
* Omit if inapplicable.
(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:
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 |
|
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? | YES 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). | The employer(s) is a constitutional corporation) (If yes, specify ACN or source of corporate status) 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)) |
| The employer is the Commonwealth 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)) 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. | YES 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)). | YES 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)). | Agreement was genuinely approved by a valid majority of employees 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] | YES 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? | YES NO |
appoint a board of reference, as described in section 131, for the purpose of settling such disputes? | YES 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. |
|
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]
(rule 48A)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION UNDER DIVISION 2 OF PART VIB FOR CERTIFICATION OF A GREENFIELDS AGREEMENT THAT APPLIES ONLY TO A SINGLE BUSINESS OR PART OF A SINGLE BUSINESS
(AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND AN ORGANISATION OR ORGANISATIONS OF EMPLOYEES)
(SECTION 170LL)
IN the matter of: [title of matter]
Application is made under Division 2 (Making agreements with constitutional corporations or the Commonwealth) of Part VIB of the Act by [name of the applicant(s)] for the certification of the attached written agreement between [insert names of parties to the agreement].
I [or We] seek to have this application heard in [appropriate capital city].
* [name of Member] has assisted in facilitating the making of this agreement.
Dated 20 .
[signature(s) of applicant(s)]
Note In respect of each party to the agreement, the application must be accompanied by a statutory declaration in accordance with Form R28B.
* Omit if inapplicable.
(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:
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? | YES 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). | The employer(s) is a constitutional corporation) (If yes, specify ACN or source of corporate status) 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)) |
| The employer is the Commonwealth 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)) 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). | YES 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 |
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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] | YES 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. |
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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). |
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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)). |
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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? | YES NO YES 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. |
|
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]
(rule 49)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
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
(AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS
AND EMPLOYEES)
(SECTION 170LK)
IN the matter of:
[title of matter]
Application is made under Division 2 (Making agreements with constitutional corporations or the Commonwealth) of Part VIB of the Act by [name of the applicant(s)] for the certification of the attached written agreement relating to [name of employer(s)].
I [or We] seek to have this application heard in [appropriate capital city].
*[name of Member] has assisted in facilitating the making of this agreement.
Dated 20 .[Signature(s) of applicant(s)]
Note: The application must be accompanied by a statutory declaration in accordance with Form R30 in respect of each employer(s).
Where the agreement was negotiated by an employee acting on his or her own behalf and on behalf of other employees, a separate statutory declaration in accordance with Form R30 completed by that employee should also accompany the application.
* Omit if inapplicable.
(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:
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? | YES 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). | The employer(s) is a constitutional corporation) (If yes, specify ACN or source of corporate status) 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)) |
| The employer is the Commonwealth 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)) 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? | YES 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)). | YES 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? | YES 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)). | YES: a valid majority of employees approved the agreement as proposed 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. |
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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)). |
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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))? | YES 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)). | YES NO 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)). |
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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))? | YES: a variation has been made to the written agreement as proposed 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. | YES 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. |
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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] | YES 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. |
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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. |
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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)). |
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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)). |
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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? | YES NO YES 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)). |
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6.9 To be answered only if the agreement replaces another certified agreement. Specify the title of the certified agreement to be replaced. |
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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. |
|
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]
(rule 49A)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE UNDER PARAGRAPH 170M (3) (c) BY AN ORGANISATION OF EMPLOYEES THAT IT WANTS TO BE BOUND BY AN AGREEMENT
In the matter of:
[title of proposed agreement]
Notice is given by [insert name of organisation of employees] that it wants to bound by the abovementioned agreement.
Dated 20 .
[signature of notifier]
Note The Notice to the Commission must be accompanied by a statement of the basis upon which the requirements of paragraph 170M (3) (d) of the Act are satisfied.
(rule 50)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
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
(AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND AN ORGANISATION OR ORGANISATIONS OF EMPLOYEES)
(SECTION 170LS)
IN the matter of: [title of matter and original dispute number(s)]
Application is made under Division 3 (Making agreements about industrial disputes and industrial situations) of Part VIB of the Act by [name of the applicant(s)] for the certification of the attached written agreement reached in settlement (or part settlement) of this matter between [names of parties to agreement].
I [or We] seek to have this application heard in [appropriate capital city].
*[name of Member] has assisted in facilitating the making of this agreement.
Dated 20 .
[Signature(s) of applicant(s)]
Note: In respect of each party to the agreement, the application must be accompanied by a statutory declaration in accordance with Form R32.
* Omit if inapplicable.
(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:
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? | YES 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). | 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 ..........) 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)). | Agreement was genuinely approved by a valid majority of employees 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] | YES 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)). |
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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? | YES NO YES 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. |
|
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]
Form R33 Application for certification of a multiple‑business agreement under Part VIB
(rule 51)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR CERTIFICATION OF A MULTIPLE‑BUSINESS AGREEMENT UNDER PART VIB
IN the matter of:
[title of matter]
Application is made under Part VIB of the Act by [name(s) of applicant(s)] for the certification of the attached memorandum of agreement.
Dated 20 .
Signature(s) of applicant(s)
Note: In respect of each party to the agreement, the application must be accompanied by a statutory declaration of the type described in subrule 51 (3).
(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)).
(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). | The parties to the certified agreement and the incoming employer agree to the proposed order 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 The proposed order does not disadvantage employees in relation to their terms and conditions of employment 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]
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.
Form R36 Application for order to vary certified agreement by a person bound by the agreement
(rule 54)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR ORDER TO VARY CERTIFIED AGREEMENT BY A PERSON BOUND BY THE AGREEMENT
IN the matter of:
[title of certified agreement and case number]
Application is made by [name of applicant] under subsection 170MD (6) of the Act for an order to vary the abovementioned agreement in the manner set out in the attachment.
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds]
Dated 20 .
[Signature of applicant]
To all persons bound by this agreement.
You are notified this application will be heard by [name of member of the Commission] at [time] on [date] at [place] and that you may appear and be heard at the time and place so fixed.
Dated 20 .
[Signature]
Member of Commission
[or Registrar]
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.
(rule 56)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR TERMINATION OF CERTIFIED AGREEMENT IN PUBLIC INTEREST AFTER NOMINAL
EXPIRY DATE
IN the matter of:
[title of certified agreement and case number]
Application is made by [name of applicant] under subsection 170MH (1) of the Act for the abovementioned agreement to be terminated.
The nominal expiry date of the agreement was [date]
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds upon which it is claimed that it is not contrary to the public interest to terminate the agreement]
Dated 20 .
[Signature of applicant]
Note: Where the application is made by an appointed representative of a majority of the employees whose employment is subject to the agreement, the application must be accompanied by a statutory declaration made by the representative which indicates the facts which establish a basis for the Commission to be satisfied that the representative has been appointed by the employees concerned and is acting in accordance with their direction.
(rule 57)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR APPROVAL OF TERMINATION OF CERTIFIED AGREEMENT IN A WAY PROVIDED UNDER AGREEMENT AFTER NOMINAL EXPIRY DATE
IN the matter of:
[title of certified agreement and case number]
Application is made by [name of applicant] for approval under subsection 170MHA (1) of the Act for the termination of the abovementioned agreement.
The nominal expiry date of the agreement was [date]
Dated 20 .
[Signature of applicant]
Note: The application must be accompanied by a statutory declaration made by a person authorised to do so which indicates the facts which establish a basis for the Commission to be satisfied that the requirements of paragraphs (1) (a) and (b) of section 170MHA of the Act are complied with.
Form R40 Notice of initiation of bargaining period
(rule 58)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF INITIATION OF BARGAINING PERIOD
Under subsection 170MI (2) of the Act, notice is given that [name and address of initiating party],
* an employer
* an organisation of employees
* an employee acting on his or her own behalf and on behalf of other employees
intends to try:
(a) to make an agreement under Division 2 [or 3] of Part VIB of the Act with [names and addresses of other negotiating parties]; and
(b) to have any agreement so reached certified under Division 4 of Part VIB of the Act.
Particulars as specified in section 170MJ of the Act are:
[Set out particulars]
The Commission is [or is not] being asked to exercise powers to try by conciliation to facilitate the making of such an agreement.
Dated 20 .
[Signature of initiating party]
* Omit whichever is inapplicable.
Form R41 Notice of the giving of authorisation to engage in industrial action
(rule 59)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF THE GIVING OF AUTHORISATION TO ENGAGE IN INDUSTRIAL ACTION
IN the matter of a bargaining period between [names of negotiating parties] arising in matter [bargaining case number].
Under section 170MR of the Act, notice is given to the Registrar that the members of [name of organisation of employees] have been authorised to engage in industrial action, within the bargaining period, against [name of particular employer].
The authorisation was given by [name of the relevant committee of management of the organisation or person authorised by that committee to authorise the action] in accordance with:
[Insert reference to the rule under which the action is authorised, if the organisation’s rules provide for how industrial action is to be authorised].
[Signature of person giving notice]
Form R42 Application to suspend or terminate bargaining period
(rule 60)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION TO SUSPEND OR TERMINATE BARGAINING PERIOD
IN the matter of a bargaining period between [names of negotiating parties] arising in matter [the bargaining case number].
Application is made by [name of applicant] under subsection 170MW (8) of the Act for an order of the Commission to suspend or terminate the abovementioned 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]
Dated 20 .
[Signature of applicant]
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.]
Form R43 Application for revocation of an award made under section 170MX
(rule 61)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR REVOCATION OF AN AWARD MADE UNDER SECTION 170MX
In the matter of [name of award made under section 170MX of the Act]
Application is made by [name of notifier] under subsection 170MZ (4) of the Act for revocation of the abovementioned award.
The grounds on which this application is made are as follows:
[Set out the grounds in numbered paragraphs]
Dated 20 .
[Signature of applicant]
Form R44 Request to terminate award made under section 170MX
(rule 62)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
REQUEST TO TERMINATE AWARD MADE UNDER
SECTION 170MX
In the matter of [name of award made under section 170MX of the Act]
Under subsection 170MZ (5) of the Act, notice is given by [name of notifier] requesting the Commission terminate the abovementioned award.
The grounds on which this request is made are as follows:
[Set out the grounds in numbered paragraphs]
Dated 20 .
[Signature of applicant]
(rule 63)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR DETERMINATION OF DESIGNATED AWARD OR AWARDS FOR THE PURPOSES OF A
CERTIFIED AGREEMENT
In the matter of:
[title of proposed* agreement]
Application is made under subsection 170XF (2) of the Act for the Commission to determine an appropriate award or award for the purpose of deciding whether a certified agreement passes the no-disadvantage test.
The kind of work that the persons under the proposed* agreement are engaged in is [description of kind of work].
To the best of my knowledge and belief, the [name of award(s) under the Act] may be appropriate for the purpose of deciding whether the agreement passes the no-disadvantage test.
Dated 20 .
[Signature of applicant]
* The reference to “proposed agreement” indicates that a determination under subsection 170XF (2) may be sought prior to an agreement being lodged in the Commission for certification.
(rule 64)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
SUMMONS TO WITNESS
IN the matter of:
[title of matter and case number]
To [name(s), address(es) and position(s) of witness(es)]
You are summoned to attend before [name of member of the Commission] at [time] on [date] at [place] 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 [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]
Dated 20 .
[Signature]
Member of Commission
[or Registrar]
* Omit if inapplicable.
Form R47 Notice under a dispute settling procedure in an agreement
(rule 66)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE UNDER A DISPUTE SETTLING PROCEDURE IN AN AGREEMENT
NOTICE is given by [name of notifier] to the Commission under clause [clause number of dispute settling procedure] of [name, type and parties to agreement*].
The matter in dispute relates to [description of matters in dispute].
The following steps of the dispute settling procedure have been taken:
[Insert steps taken and enclose a copy of the dispute settling procedure].
Dated 20 .
[Signature of notifier]
* Identify whether agreement is a certified agreement, Australian Workplace Agreement or an employment agreement referred to in section 520 of the Workplace Relations Act 1996.
(rule 66A)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR TERMINATION OF AUSTRALIAN WORKPLACE AGREEMENT IN THE PUBLIC INTEREST AFTER NOMINAL EXPIRY DATE
IN the matter of: the Australian workplace agreement between [insert names of parties]
Application is made by [name of applicant party] under subsection 170VM (3) of the Act for the abovementioned agreement to be terminated.
The nominal expiry date of the agreement was [date]
The grounds on which this application is made are as follows:
[set out in numbered paragraphs the grounds upon which it is claimed that it is not contrary to the public interest to terminate the agreement]
Dated 20 .
[signature of applicant]
Note Please include full contact details of both parties to the agreement. A copy of the Australian workplace agreement must also accompany this application.
Form R48 Application for removal of objectionable provisions
(rule 67)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR REMOVAL OF OBJECTIONABLE PROVISIONS
IN the matter of: [title of award or certified agreement]
Application is made by [name of applicant] for the abovementioned award [or certified agreement] to be varied to remove the following objectionable provisions:
[Set out the provisions sought to be removed]
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds]
Dated 20 .
[Signature of applicant]
To the applicant and to the other parties to the award [or the other persons bound by certified agreement]:
You are notified that the abovementioned application will be heard by the Commission at [time] on [date], at [place], and that you may appear and be heard at the time and place so fixed.
Dated 20 .
[Signature]
Member of Commission
[or Registrar]
Form R49 Application for minimum wage order for certain Victorian employees
(rule 68)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR MINIMUM WAGE ORDER FOR CERTAIN VICTORIAN EMPLOYEES
Application is made by [name of applicant and statement of the basis on
which the applicant is able to make the application] for the making of an
order setting / adjusting * a minimum wage for employees within the work classification described as follows [description of work classification].
The order sought is:
[Set out the terms of the order sought including any group of employees to be specified in the order]
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds, including the particulars of the grounds]
The following employee organisations and employer organisations may, to the best of the knowledge and belief of the applicant, have an interest in the matter:
[Set out employee organisations and employer organisations which may have an interest in the matter]
The following employer(s) may, to the best of the knowledge and belief of the applicant, have an interest in the matter:†
[Set out employer(s) who may have an interest in the matter]
Dated 20 .
[Signature of applicant]
* Omit whichever is inapplicable.
† Omit unless applicant is an employee, or group of employees, within a work classification the subject of the application.
(rule 68A)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR SUPPORTED WAGE SYSTEM — MINIMUM WAGE ORDER TO APPLY TO CERTAIN VICTORIAN EMPLOYEES
Application is made by [name of applicant and statement of the basis on which the applicant is able to make the application] for the Supported Wage System to apply to employees within the work classification described as follows: [description of work classification].
The order sought is:
[Set out the terms of the order sought including any group of employees within a work classification to be specified in the order]
The grounds on which this application is made are as follows:
[Set out, in numbered paragraphs, the grounds including the particulars of the grounds]
The following employee organisations and employer organisations may, to the best of the knowledge and belief of the applicant, have an interest in the matter:
[Set out employee organisations and employer organisations which may have an interest in the matter]
The following employers may, to the best of the knowledge and belief of the applicant, have an interest in the matter:
[Set out employers who may have an interest in the matter]
Dated 20 .
[Signature of applicant]
Form R50 Notice of hearing for application for minimum wage order for certain Victorian employees
(rule 68)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF HEARING FOR APPLICATION FOR MINIMUM WAGE ORDER FOR CERTAIN VICTORIAN EMPLOYEES
IN the matter of:
[case number]
Notice is given —
(a) that on [date] the Commission received an application for the setting [or adjusting] of a minimum wage in respect of the undermentioned work classification:
[description of work classification];
(b) that the matter will be heard at [time] on [date] at [place] before [name of Commission Member]; and
(c) that each employee organisation who is entitled to represent the industrial interests of one or more of the employees within the work classification the subject of the application and each employer organisation of which an employer of any of those employees is a member and wishing to be heard in relation to the application is invited to attend the Commission on the abovementioned date; and
(d) that any employer of employees within the work classification the subject of the application and wishing to be heard in relation to the application is invited to attend the Commission on the abovementioned date.
A copy of the application may be inspected free of charge at the Australian Industrial Registry at [address] or at the following places:
[Signature]
Registrar
(rule 68A)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF HEARING FOR APPLICATION FOR SUPPORTED WAGE SYSTEM — MINIMUM WAGE ORDER TO APPLY TO CERTAIN VICTORIAN EMPLOYEES
IN the matter of:
[case number]
Notice is given —
(a) that on [date] the Commission received an application for the Supported Wage System to apply to employees within the work classification described as follows:
[description of work classification];
(b) that the matter will be heard at [time] on [date] at [place] before [name of Commission member]; and
(c) that each employee organisation that is entitled to represent the industrial interests of 1 or more of the employees within the work classification that is the subject of the application and each employer organisation of which an employer of any of those employees is a member, and that wishes to be heard in relation to the application is invited to attend the Commission on that date; and
(d) that any employer of employees within the work classification that is the subject of the application and that wishes to be heard in relation to the application is invited to attend the Commission on that date.
A copy of the application may be inspected free of charge at the Australian Industrial Registry at [address] or at the following places:
[Signature]
Registrar
Form R51 Application for an order for substituted service
(rule 73)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR AN ORDER FOR SUBSTITUTED SERVICE
IN the matter of:
[title of matter and case number]
Application is made by [name of applicant] for an order for substituted service for the service otherwise required by the Australian Industrial Relations Commission Rules 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 Commission’s Rules and details showing that the parties Set out above or their representatives appeared when the award was previously before the Commission.]
Dated 20 .
[Signature of applicant]
Note: The application should be supported by a written statement in the following terms:
I, [name], am the [position held], of [name of organisation, company etc] and I am authorised to act in this matter.
[Signature of applicant]
(rule 75)
Occupational Health and Safety (Commonwealth Employment) Act 1991
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION REVIEWING AUTHORITY
REFERRAL OF DISAGREEMENT CONCERNING MANNER OF ESTABLISHING OR VARYING A DESIGNATED WORK GROUP
Notice is given under subsection 24 (4) of the Act by [name of notifier] of a disagreement in the course of consultation concerning the manner of establishing or varying a designated work group.
The parties to the consultation are:
[names and addresses of parties to the consultation]
Dated 20 .
[Signature of notifier]
Form R53 Notice of appeal under section 48
(rule 76)
Occupational Health and Safety (Commonwealth Employment) Act 1991
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION REVIEWING AUTHORITY
NOTICE OF APPEAL UNDER SECTION 48
IN the matter of: [title of matter]
Notice of an appeal under section 48 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 is given by [name and address of appellant] against a decision of [name of investigator], an investigator, on [date of decision] to [Insert details of decision with specific reference to the categories listed in paragraphs 48 (1) (a)-(f) or 48 (2) (a)-(b)]. I make the appeal as I am [Insert details of the basis on which the appellant claims the right to appeal with specific reference to the categories listed in paragraphs 48 (1) (g)-(n) or 48 (2) (c)-(e)].
The grounds of this appeal are as follows:
[Set out in numbered paragraphs the grounds on which the appeal is based]
A copy of this Notice of appeal and documents lodged in accordance with subrule 76 (1) will as soon as practicable be served on the following persons:
[Insert names and addresses of persons required to be served under subrule 76 (6) or (7) as the case may be]
Dated 20 .
[Signature of appellant]
[Note: If it is intended to seek an order under subsection 48 (3) of the Act that the making of the appeal affect the operation of the decision or prevent the taking of action to implement the decision, the notice of appeal must include an application to that effect, as set out below:
“Application is also made for an order that the making of the appeal affect the operation of the decision or prevent the taking of action to implement the decision.”
If it is intended to seek an order under subsection 48 (4) or (5) of the Act that the operation of the decision under section 47, or notice under section 29, of the Act, as the case may be, not be suspended pending determination of the appeal, the notice of appeal must include an application to that effect, as set out below:
“Application is also made for an order under
* subsection 48 (4) that the operation of the decision under section 47
* subsection 48 (5) that the operation of a notice under section 29
of the Act not be suspended pending determination of the appeal.”
* Omit whichever is inapplicable.]
Form R54 Application for an extension of time for instituting an appeal
(rule 76)
Occupational Health and Safety (Commonwealth Employment) Act 1991
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION REVIEWING AUTHORITY
APPLICATION FOR AN EXTENSION OF TIME FOR INSTITUTING AN APPEAL
IN the matter of:
[title of matter]
Application is made by [name and address of appellant] for an extension of time for instituting an appeal against a decision of [name of investigator] an investigator on [date of decision] to [details of decision with specific reference to the categories listed in paragraphs 48 (1) (a)‑(f) or 48 (2) (a)-(b)]. I make the application as I am [Insert details of the basis on which the appellant claims the right to appeal with specific reference to the categories listed in paragraphs 48 (1) (g)-(n) or 48 (2) (c)-(e)].
The grounds of this application are as follows:
[Set out in numbered paragraphs the grounds on which it is claimed an extension of time should be granted]
Dated 20 .
[Signature of appellant]
Form R55 Application for common rule
(regulation 16)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR COMMON RULE
IN the matter of:
[title of award and case number]
Application is made by [name of applicant] for a declaration that the terms hereinafter mentioned be a common rule
* in [name of Territory, or Victoria] for the [industry]
* for the whole or a specified class of public sector employment named hereunder.
[Set out particulars]
TERMS TO WHICH APPLICATION APPLIES
[Set out terms]
Dated 20 .
[Signature of applicant]
* Omit whichever is inapplicable.
Form R56 Notice of application for common rule declaration
(regulation 16)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
IN the matter of:
[title of award and case number]
Notice is given that [name of applicant] has made application for a declaration that the terms hereinafter mentioned be a common rule:
* in [name of Territory, or Victoria] for the [industry]
* for the whole or a specified class of public sector employment named hereunder.
[Set out particulars]
A copy of the award may be inspected free of charge at the Australian Industrial Registry at [address] or at the following places:
The application will be heard at [place] on [date] before[name].
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.
TERMS TO WHICH APPLICATION APPLIES
[Set out terms]
Dated
[Signature]
Registrar
* Omit whichever is inapplicable.
Form R57 Notice of appearance in respect to an application for common rule
(regulation 18)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
IN the matter of:
[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 or Victoria and industry or whole (or class) of public sector employment].
Take notice that [name] claims to be interested in, and desires to be heard on the hearing of, the application in the above matter.
Dated
[Signature of applicant]
Form R58 Notice of application for common rule declaration
(regulation 21)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPLICATION FOR COMMON RULE DECLARATION
IN the matter of:
[title of award and case number]
Notice is given that [name of applicant] has made application for a declaration that the terms hereinafter mentioned be a common rule:
* in [name of Territory, or Victoria] for the [industry]
* for the whole or a specified class of public sector employment named hereunder.
[Specify particulars]
A copy of the award may be inspected free of charge at the Australian Industrial Registry at [address] or at the following places:
The application will be heard at [place] on [date] before [name].
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.
TERMS TO WHICH APPLICATION APPLIES
[Set out terms]
Dated 20 .
[Signature]
Registrar
* Omit whichever is inappropriate.
Form R59 Notice of hearing of application to vary a common rule award
(regulation 22)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF HEARING OF APPLICATION TO VARY A COMMON RULE AWARD
IN the matter of:
[title of award and case number]
AND in the matter of an application to vary the abovementioned award.
Notice is 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 or Victoria and industry or whole (or specified class) of public sector employment, (as the case requires)] and
(c) the matter will be heard at [time] on [date] before [name].
A copy of the award (or order) may be inspected free of charge at the Australian Industrial Registry at [address] or at the following places:
SCHEDULE
TERMS TO BE VARIED
Clause No. | Subject | Substance of variation |
|
|
|
|
|
|
Dated 20 .
[Signature]
Registrar
Form R60 Notice of variation of common rule award
(regulation 23)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
IN the matter of:
[title(s) and code number(s) of award(s) and case number(s)]
AND in the matter of the variation of the above award(s)
Notice is given
(a) that the Commission has varied the term (or terms) of the above‑mentioned award(s) referred to in the Schedule below; and
(b) that the variation(s) will be a common rule of the [specify Territory or Victoria and industry or whole (or specified class) of public sector employment (as the case requires)] as shown in the Schedule below; and
(c) that any organisation or person interested and having an objection to the variation(s) 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(s) may be inspected free of charge at the office of the Australian Industrial Registry at [address] or at the office of the Australian Industrial Registry in any capital city.
Schedule of terms to be varied
Print Number
Award Code | Clause No | Substance of variation | Date of Effect |
|
|
|
|
|
|
|
|
Dated
[Signature]
Registrar
Note The prescribed time for lodging an objection to a variation is 28 days after the publication of this notice.
Form R60A Notice of objection to variation of a common rule
(rule 65)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
IN the matter of:
[insert title of award and case number]
AND in the matter of an application to vary the above award [or part thereof].
Notice is given by [insert name of organisation or person interested] of objection to the variation binding [name of organisation or person interested].
The grounds on which this objection is made are as follows:
[Set out in numbered paragraphs the grounds of objection].
Dated
.........................................
Signature
Note The prescribed time for lodging an objection to a variation is 28 days after the publication of this notice.
Form R61 Declaration of common rule application not binding on organisation or person
(regulation 24)
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
DECLARATION OF COMMON RULE APPLICATION NOT BINDING ON ORGANISATION OR PERSON
IN the matter of:
[title of award and case number]
AND in the matter of the variation of the abovementioned award
Notice is given
(a) that, on [date] 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 or Victoria and industry or whole (or specified class) of public sector employment, (as the case requires)] with effect from [date]; and
(c) that, on [date], the Commission, in accordance with subsection 142 (6) of the Workplace Relations Act 1996, declared that the variation (or part thereof) is not binding on [person or organisation].
SCHEDULE
TERMS TO BE VARIED
Print Number
Clause No. | Subject | Substance of variation |
|
|
|
|
|
|
Dated 20 .
[Signature]
Registrar
Form R62 Application by an association of employers for registration as an organisation
(regulation 21 (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION BY AN ASSOCIATION OF EMPLOYERS FOR REGISTRATION AS AN ORGANISATION
We, [full names, addresses and occupations of applicants], make application for the registration of an association of employers called [name of the association], the office of which is situated at [address of the office of the association], as an organisation under the Workplace Relations Act 1996, and we state as follows :
1. that the association meets the criteria required by paragraphs 19 (1) (a), (c) and (e)-(j) inclusive of the RAO Schedule;
[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 20 .
[Signatures of applicants*]
Offices held
*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.
(regulation 21 (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION BY AN ASSOCIATION OF EMPLOYEES (OTHER THAN AN ENTERPRISE ASSOCIATION) FOR REGISTRATION AS AN ORGANISATION
We, [full names, addresses and occupations of applicants], make application for the registration of an association of employees called [name of the association], the office of which is situated at [address of the office of the association], as an organisation under the Workplace Relations Act 1996, and we state as follows:
1. that the association meets the criteria required by paragraphs 19 (1) (a), (b) and (d)-(j) inclusive of the RAO Schedule;
[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 20 .[Signatures of applicants*]
Offices held
*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.
Form R64 Application by an enterprise association of employees for registration as an organisation
(regulation 21 (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION BY AN ENTERPRISE ASSOCIATION OF EMPLOYEES FOR REGISTRATION AS AN ORGANISATION
We, [full names, addresses and occupations of applicants], make application for the registration of an association of employees called [name of the association], the office of which is situated at [address of the office of the association], as an organisation under the Workplace Relations Act 1996, and we state as follows :
1. that the association meets the criteria required by section 20 of the RAO Schedule;
[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 20 .
[Signatures of applicants*]
Offices held
*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.
Form R64A Notice of objection to the registration of an association
(regulation 23 (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF OBJECTION TO THE REGISTRATION OF AN ASSOCIATION
IN the matter of:
[insert name of association seeking registration and case number]
Notice is given by [insert name and address of organisation, association or person interested in lodging the notice of objection] of objection to the registration of the association.
The grounds on which this objection is made are as follows:
[Set out in numbered paragraphs the grounds of objection, the particulars of each ground of objection and briefly state the facts the objector relies on for each ground of objection.]
Dated
...............................................
Signature(s) or Common Seal
(see regulation 13 (RAO Regulations))
Form R65 Application for leave to change name*/and to alter rules*
(regulation 27 (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR LEAVE TO CHANGE NAME*/AND TO ALTER RULES*
The [name of association], which has applied for registration as an organisation, 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 20 .
[Signature]
* Omit if inapplicable.
Form R65A Application for cancellation of registration
(paragraph 34 (1) (a) (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Application for Cancellation of Registration
Application is made by [name of organisation] under paragraph 30 (1) (a) of the RAO Schedule for the cancellation of its registration.
The full particulars of the circumstances that entitle the organisation to make the application are as follows:
[set out the full particulars]
Dated 20 .
[Signatures or Common Seal]*
* An application must be sealed with the common seal of the organisation or be signed by a person authorised to sign the application.
Note The application is to contain a declaration signed by an officer of the organisation authorised to sign the declaration verifying the facts stated in the application.
Form R65B Notice of objection to the cancellation of registration
(paragraph 34 (5) (a) (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Notice Of Objection to the Cancellation of REGISTRAtioN OF an Organisation
IN the matter of:
[insert name of organisation seeking cancellation and case number]
Notice is given by [insert name and address of person interested in lodging the notice of objection] of objection to the cancellation of registration of the organisation.
The grounds on which this objection is made are as follows:
[Set out in numbered paragraphs the grounds of objection, the particulars of each ground of objection and briefly state the facts the objector relies on for each ground of objection.]
Dated 20 .
...............................................
Signature(s) or Common Seal
(see regulation 13 (RAO Regulations))
Form R65C Application for cancellation of registration
(paragraph 35 (1) (a) (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Application for Cancellation of Registration OF an Organisation
Application is made by [insert name of organisation, person interested or Minister making application] under paragraph 30 (1) (b) of the RAO Schedule for the cancellation of the registration of the [insert name of organisation].
The full particulars of the circumstances that entitle the applicant to make the application are as follows:
[set out the full particulars]
Dated 20 .
...............................................
Signature(s) or Common Seal
(see regulation 13 (RAO Regulations))
Note The application is to contain a declaration signed by the applicant or a person authorised by the applicant verifying the facts stated in the application.
Form R65D Notice of objection to the cancellation of registration
(paragraph 36 (4) (a) (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Notice Of Objection To the Cancellation of REGISTRATION OF an Organisation
IN the matter of:
[insert name of organisation subject to the application for cancellation and case number]
Notice is given by [insert name and address of person interested in lodging the notice of objection] of objection to the cancellation of the organisation.
The grounds on which this objection is made are as follows:
[Set out in numbered paragraphs the grounds of objection, the particulars of each ground of objection and briefly state the facts the objector relies on for each ground of objection.]
Dated 20 .
...............................................
Signature(s) or Common Seal
(see regulation 13 (RAO Regulations))
Form R65E Ballot paper chosen by organisation in relation to proposed amalgamation
(paragraph 60 (2) (a) (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
BALLOT OF MEMBERS OF
(Name of organisation whose members are voting) | (Initials, or facsimile of initials, of the person conducting the ballot) |
BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION
Directions to voter
1. Record your vote on the ballot paper as follows:
if you approve the amalgamation referred to in the question set out below, place a tick (‘’) or a cross (‘’) in the space provided opposite the word ‘YES’;
if you do not approve the amalgamation referred to in the question set out below, place a tick (‘’) or a cross (‘’) in the space provided opposite the word ‘NO’.
2. Do not place on this paper any mark or writing by which you may be identified.
3. Mark only one square.
QUESTION FOR VOTERS:
DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organisation whose members are voting) WITH THE FOLLOWING ORGANISATION(S), NAMELY, (name of organisation or each organisation with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF THE OUTLINE OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER? |
|
|
YES |
| |
NO |
|
Form R65F Ballot paper in relation to proposed amalgamation
(paragraph 60 (2) (b) (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
BALLOT OF MEMBERS OF
(Name of organisation whose members are voting) | (Initials, or facsimile of initials, of the person conducting the ballot) |
BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION
Directions to voter
1. Record your vote on the ballot paper as follows:
if you approve the amalgamation referred to in the question set out below, write ‘YES’ in the space provided opposite the question;
if you do not approve the amalgamation referred to in the question set out below, write ‘NO’ in the space provided opposite the question.
2. Do not place on this paper any mark or writing by which you may be identified.
QUESTION FOR VOTERS:
DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organisation whose members are voting) WITH THE FOLLOWING ORGANISATION(S), NAMELY, (name of organisation or each organisation with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF THE OUTLINE OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER? |
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(paragraph 60 (3) (a) (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
BALLOT OF MEMBERS OF
(Name of organisation whose members are voting) | (Initials, or facsimile of initials, of the person conducting the ballot) |
BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION
Directions to voter
1. This paper contains [number] ballot papers. Record your vote on each ballot paper as follows:
if you approve the amalgamation referred to in the question set out in the ballot paper, place a tick (‘’) or a cross (‘’) in the space provided opposite the word ‘YES’;
if you do not approve the amalgamation referred to in the question set out in the ballot paper, place a tick (‘’) or a cross (‘’) in the space provided opposite the word ‘NO’.
2. Do not place on this paper any mark or writing by which you may be identified.
3. Mark only one square on each ballot paper.
QUESTION FOR VOTERS:
DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organisation whose members are voting) WITH THE FOLLOWING ORGANISATIONS NAMELY, (name of each organisation with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF THE OUTLINE OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER? |
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YES |
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NO |
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QUESTION FOR VOTERS:
IF THE PROPOSED AMALGAMATION IN RELATION |
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YES |
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NO |
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`
Form R65H Ballot paper containing an alternative provision in relation to proposed amalgamation
(paragraph 60 (3) (b) (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
BALLOT OF MEMBERS OF
(Name of organisation whose members are voting) | (Initials, or facsimile of initials, of the person conducting the ballot) |
BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION
Directions to voter
1. This paper contains [number] ballot papers. Record your vote on each ballot paper as follows:
if you approve the amalgamation referred to in the question set out in the ballot paper, write ‘YES’ in the space provided opposite the question;
if you do not approve the amalgamation referred to in the question set out in the ballot paper, write ‘NO’ in the space provided opposite the question.
2. Do not place on this paper any mark or writing by which you may be identified.
QUESTION FOR VOTERS:
DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organisation whose members are voting) WITH THE FOLLOWING ORGANISATION(S), NAMELY, (name of organisation with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF THE OUTLINE OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER? |
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QUESTION FOR VOTERS:
IF THE PROPOSED AMALGAMATION IN RELATION TO WHICH YOU HAVE JUST RECORDED YOUR |
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Form R66 Application for consent to change the name of an organisation
(regulation 121 (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Application for Consent to Change the Name of an Organisation
Application is made by [name of organisation] for consent to the change of the name of the organisation to:
[Set out proposed new name and the reason for the proposal]
Dated 20 .
[Signature or Common Seal]
* An application must be sealed with the common seal of the organisation or be signed by a person authorised to sign the application.
Note The application is to contain a declaration that the change or alteration was made in accordance with the rules of the organisation and stating the action taken under those rules to make the change and verifying the facts stated in the application.
Form R67 Application for consent to the alteration of eligibility rules of an organisation
(regulation 121 (RAO Regulations))
Workplace Relations Act 1996
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Application for Consent to the Alteration of Eligibility Rules of an Organisation
Application is made by [name of organisation] for consent to the alteration of the eligibility rules of the organisation 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 as if the application had been granted and the alterations to the rules were in force, showing in distinctive characters each alteration for which consent is sought.]*
Dated
[Signature or Common Seal] **
*Each alteration for which consent is sought must be highlighted using distinctive characters. For example, deleted or replaced text may be highlighted using strikethrough formatting and new text may be highlighted using underlining or italics (provided there is no ambiguity with the formatting).
** An application must be sealed with the common seal of the organisation or be signed by a person authorised to sign the application.
Note The application should also set out, in sufficient particularity to allow the proposal to be properly considered, the following:
1. the particulars of the proposed alteration;
2. the reason for the proposed alteration;
3. the effect of the proposed alteration;
and contain a declaration that the alteration was made in accordance with the rules of the organisation and stating the action taken under those rules to make the alteration and verifying the facts stated in the application.
Form R68 Application for certificate under section 180 of the RAO Schedule
(regulation 128 (RAO Regulations))
Workplace Relations Act 1996
APPLICATION FOR CERTIFICATE UNDER SECTION 180 OF THE RAO SCHEDULE
I, [full name] of [private address] (Telephone Nos. Business
Home ), apply under section 180 of the RAO Schedule, 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 18 (1) (a) or 18 (1) (b) of the RAO Schedule.
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 20 .
[Signature of applicant]
* Omit whichever is inapplicable.
Form R69 Application for renewal of certificate under section 180 of the RAO Schedule
(regulation 129 (RAO Regulations))
Workplace Relations Act 1996
APPLICATION FOR RENEWAL OF CERTIFICATE UNDER SECTION 180 OF THE RAO SCHEDULE
I, [full name] of [private address] (Telephone Nos. Business
Home ), apply under section 180 of the RAO Schedule, 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 18 (1) (a) or 18 (1) (b) of the RAO Schedule.
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 20 .
[Signature of applicant]
* Omit whichever is inapplicable.
Notes to the Australian Industrial Relations Commission Rules 1998
Note 1
The Australian Industrial Relations Commission Rules 1998 (in force under the Workplace Relations Act 1996) as shown in this compilation comprise Statutory Rules 1998 No. 1 amended as indicated in the Tables below.
Table of Statutory Rules
Year and | Date of notification | Date of | Application, saving or |
1998 No. 1 | 30 Jan 1998 | 2 Feb 1998 |
|
1999 No. 1 | 11 Jan 1999 | 11 Jan 1999 | — |
1999 No. 71 | 12 May 1999 | 12 May 1999 | — |
1999 No. 276 | 22 Nov 1999 | 22 Nov 1999 | — |
2000 No. 170 | 28 June 2000 | 1 July 2000 | — |
2001 No. 39 | 1 Mar 2001 | 1 Mar 2001 | — |
2001 No. 101 | 28 May 2001 | 28 May 2001 | — |
2001 No. 332 | 20 Dec 2001 | 20 Dec 2001 | — |
2003 No. 6 | 13 Feb 2003 | 1 Mar 2003 | — |
2003 No. 7 | 24 Feb 2003 | 24 Feb 2003 | — |
2003 No. 86 | 9 May 2003 | 12 May 2003 | — |
2003 No. 298 | 26 Nov 2003 | 27 Nov 2003 | — |
2004 No. 6 | 17 Feb 2004 | 17 Feb 2004 | — |
2004 No. 280 | 26 Aug 2004 | 26 Aug 2004 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | ||
Provision affected | How affected | |
R. 1................. | rs. 1999 No. 1 | |
R. 4................. | am. 2003 No. 6 | |
R. 3................. | am. 2003 No. 86 | |
R. 5................. | am. 2003 Nos. 6 and 86 | |
R. 7................. | am. 2003 No. 86 | |
R. 9................. | am. 2003 No. 86 | |
R. 11................ | am. 1999 No. 71; 2003 Nos. 6 and 86 | |
R. 24................ | am. 2003 No. 86 | |
R. 25................ | am. 2003 No. 6 | |
R. 29................ | am. 1999 No. 276 | |
R. 37................ | am. 2001 No. 332; 2003 No. 298 | |
R. 38................ | rs. 2001 No. 332 | |
R. 43................ | am. 2001 No. 332 | |
Heading to r. 44......... | rs. 2003 No. 6 | |
R. 44................ | am. 2003 No. 6 | |
R. 45................ | am. 2003 No. 6 | |
R. 47................ | rs. 2004 No. 6 | |
R. 47A............... | ad. 2003 No. 6 | |
Heading to r. 48......... | am. 2003 No. 6 | |
R. 48A............... | ad. 2003 No. 6 | |
R. 49................ | am. 1999 No. 71; 2003 No. 6 | |
R. 49A............... | ad. 2003 No. 6 | |
R. 51A............... | ad. 2004 No. 280 | |
R. 58................ | am. 2001 No. 101 | |
R. 60................ | am. 2003 No. 7 | |
R. 60A............... | ad. 2003 No. 7 | |
R. 65................ | rs. 2001 No. 39 | |
R. 66A............... | ad. 2003 No. 6 | |
R. 68................ | am. 2004 No. 6 | |
R. 68A............... | ad. 2004 No. 6 | |
R. 70A............... | ad. 2003 No. 6 | |
| am. 2003 No. 298 | |
R. 74................ | am. 2003 No. 6 | |
R. 74A............... | ad. 2003 No. 6 | |
R. 77................ | am. 2003 No. 86 | |
Schedule 1 |
| |
Heading to Schedule..... | rep. 2003 No. 6 | |
Heading to Schedule 1.... | ad. 2003 No. 6 | |
Heading to Form R1.... | rs. 2003 No. 86 | |
Form R1............ | 1998 No. 1 | |
| am. 2003 Nos. 6 and 86 | |
Form R2............ | 1998 No. 1 | |
| am. 2003 Nos. 6 and 86 | |
Form R3............ | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R4............ | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R5............ | 1998 No. 1 | |
| rs. 2001 No. 39 | |
Form R6............ | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R7............ | 1998 No. 1 | |
| am. 2003 No. 6 | |
Heading to Form R8.... | rs. 2003 No. 86 | |
Form R8............ | 1998 No. 1 | |
| am. 2003 Nos. 6 and 86 | |
Form R9............ | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R10........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R11........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R12........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R13........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R14........... | 1998 No. 1 | |
Form R15........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R16........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R17........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R18........... | 1998 No. 1 | |
| am. 1999 Nos. 1 and 71 | |
| rs. 2001 No. 332 | |
| am. 2003 No. 298 | |
Form R19........... | 1998 No. 1 | |
| am. 1999 Nos. 1 and 71; 2003 No. 298 | |
Form R20........... | 1998 No. 1 | |
| am. 1999 Nos. 1 and 71; 2003 No. 298 | |
Form R21........... | 1998 No. 1 | |
| am. 1999 Nos. 1 and 71 | |
| rs. 2000 No. 170 | |
| am. 2001 No. 39 | |
| rs. 2001 No. 332 | |
| am. 2003 Nos. 86 and 298 | |
Form R21A.......... | ad. 2001 No. 332 | |
Form R22........... | 1998 No. 1 | |
| rs. 2001 No. 332 | |
Form R23........... | 1998 No. 1 | |
Heading to Form R24... | rs. 2001 No. 101 | |
Form R24........... | 1998 No. 1 | |
| rs. 2001 Nos. 39 and 332 | |
| am. 2003 No. 6 | |
Form R25........... | 1998 No. 1 | |
Form R26........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R26A.......... | ad. 2003 No. 6 | |
Form R27........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R28........... | 1998 No. 1 | |
| am. 1999 No. 71 | |
| rs. 2003 No. 6 | |
| am. 2003 No. 298 | |
| rs. 2004 No. 280 | |
Form R28A.......... | ad. 2003 No. 6 | |
Form R28B.......... | ad. 2003 No. 6 | |
| am. 2003 No. 298 | |
| rs. 2004 No. 280 | |
Form R29........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R30........... | 1998 No. 1 | |
| am. 1999 No. 71 | |
| rs. 2003 No. 6 | |
| am. 2003 No. 298 | |
| rs. 2004 No. 280 | |
Form R30A.......... | ad. 2003 No. 6 | |
Form R31........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R32........... | 1998 No. 1 | |
| am. 1999 No. 71 | |
| rs. 2003 No. 6 | |
| am. 2003 No. 298 | |
| rs. 2004 No. 280 | |
Form R33........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R33A.......... | ad. 2004 No. 280 | |
Form R33B.......... | ad. 2004 No. 280 | |
Form R34........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
| rs. 2004 No. 280 | |
Form R35........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
| rs. 2004 No. 280 | |
Form R36........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R37........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
| rs. 2004 No. 280 | |
Form R38........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R39........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R40........... | 1998 No. 1 | |
| am. 2001 No. 101; 2003 No. 6 | |
Form R41........... | 1998 No. 1 | |
Form R42........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R42A.......... | ad. 2003 No. 7 | |
Form R42B.......... | ad. 2003 No. 7 | |
Form R43........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R44........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R45........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R46........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R47........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R47A.......... | ad. 2003 No. 6 | |
Form R48........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R49........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R49A.......... | ad. 2004 No. 6 | |
Form R50........... | 1998 No. 1 | |
Form R50A.......... | ad. 2004 No. 6 | |
Form R51........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R52........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R53........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R54........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R55........... | 1998 No. 1 | |
| am. 2003 No. 6; 2004 No. 6 | |
Heading to Form R56.. | rs. 2003 No. 6 | |
Form R56........... | 1998 No. 1 | |
| rs. 2001 No. 39 | |
| am. 2004 No. 6 | |
Heading to Form R57... | rs. 2003 No. 6 | |
Form R57........... | 1998 No. 1 | |
| rs. 2001 No. 39 | |
| am. 2004 No. 6 | |
Form R58........... | 1998 No. 1 | |
| am. 2003 Nos. 6 and 298; 2004 No. 6 | |
Form R59........... | 1998 No. 1 | |
| am. 2003 No. 6; 2004 No. 6 | |
Heading to Form R60... | rs. 2003 No. 6 | |
Form R60........... | 1998 No. 1 | |
| rs. 2001 No. 39 | |
| am. 2004 No. 6 | |
Form R60A.......... | ad. 2001 No. 39 | |
Form R61........... | 1998 No. 1 | |
| am. 2003 No. 6; 2004 No. 6 | |
Heading to Form R62... | rs. 2003 No. 86 | |
Form R62........... | 1998 No. 1 | |
| am. 2003 Nos. 6, 86 and 298 | |
Heading to Form R63... | rs. 2003 No. 86 | |
Form R63........... | 1998 No. 1 | |
| am. 1999 No. 71; 2003 Nos. 6, 86 and 298 | |
Heading to Form R64... | rs. 2003 No. 86 | |
Form R64........... | 1998 No. 1 | |
| am. 1999 No. 71; 2003 Nos. 6, 86 and 298 | |
Form R64A.......... | ad. 2003 No. 86 | |
Heading to Form R65... | rs. 2003 No. 86 | |
Form R65........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
Form R65A.......... | ad. 2003 No. 86 | |
| am. 2003 No. 298 | |
Form R65B.......... | ad. 2003 No. 86 | |
Form R65C.......... | ad. 2003 No. 86 | |
| am. 2003 No. 298 | |
Form R65D.......... | ad. 2003 No. 86 | |
Form R65E.......... | ad. 2003 No. 86 | |
Form R65F.......... | ad. 2003 No. 86 | |
Form R65G.......... | ad. 2003 No. 86 | |
Form R65H.......... | ad. 2003 No. 86 | |
Form R66........... | 1998 No. 1 | |
| am. 2003 No. 6 | |
| rs. 2003 No. 86 | |
| am. 2003 No. 298 | |
Form R67........... | 1998 No. 1 | |
| am. 1999 No. 276 | |
| rs. 2003 No. 86 | |
| am. 2003 No. 298 | |
Heading to Form R68... | rs. 2003 No. 86 | |
Form R68........... | 1998 No. 1 | |
| am. 2003 Nos. 6 and 86 | |
Heading to Form R69... | rs. 2003 No. 86 | |
Form R69........... | 1998 No. 1 | |
| am. 2003 Nos. 6 and 86 | |
