Australian Industrial Relations Commission Amendment Rules 1999 (No. 2)
Statutory Rules 1999 No. 71
I, GEOFFREY MICHAEL GIUDICE, President of the Australian Industrial Relations Commission, having consulted with the members of the Commission, make the following rules of the Commission under section 48 of the Workplace Relations Act 1996.
Dated 5 May 1999.
G.M. GIUDICE
President
Australian Industrial Relations Commission Amendment Rules 1999 (No. 2)1
Statutory Rules 1999 No. 712
made under the
Contents
Page
1 Name of rules 2
2 Commencement 2
3 Amendment of Australian Industrial Relations Commission Rules 1998 2
Schedule 1 Amendments 3
These rules are the Australian Industrial Relations Commission Amendment Rules 1999 (No. 2).
These rules commence on gazettal.
3 Amendment of Australian Industrial Relations Commission Rules 1998
Schedule 1 amends the Australian Industrial Relations Commission Rules 1998.
(rule 3)
[1] Paragraph 11 (1) (b)
omit
brought; and
insert
brought, or the relevant extract from the transcript; and
[2] Paragraph 11 (1) (c)
substitute
(c) each document:
(i) that was an exhibit in the proceedings; and
(ii) that relates to the grounds of appeal set out in the notice; and
[3] Subparagraph 49 (1) (b) (ii)
omit
Registry.
insert
Registry; and
[4] After subparagraph 49 (1) (b) (ii)
insert
(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.
[5] Schedule, Forms R18, R19 and R20
omit each mention of
$100
insert
$50
[6] Schedule, Form R21, list of possible bases of objection on jurisdictional grounds
omit
the employer is not a constitutional corporation **
insert
the employer is not a constitutional corporation *
[7] Schedule, Form R21, list of possible bases of objection on jurisdictional grounds
omit
the employee was employed on a fixed term contract
insert
the employee was engaged under a contract of employment for a specified period of time or for a specified task (see paragraphs 30B (1) (a) and (b) of the Workplace Relations Regulations 1996)
[8] Schedule, Form R21, list of possible bases of objection on jurisdictional grounds
omit
the employee is an employee to whom subregulation 30 BAA (2) of the Workplace Relations Regulations 1996 applies
Note Subregulation 30 BAA (2) of the Workplace Relations Regulations 1996 applies to an employee who:
The employee is excluded from the operation of certain provisions of the Workplace Relations Act 1996.
the employee is an employee to whom subregulation 30 BAB (2) of the Workplace Relations Regulations 1996 applies
Note Subregulation 30 BAB (2) of the Workplace Relations Regulations 1996 applies to an employee if:
The employee is excluded from the operation of certain provisions of the Workplace Relations Act 1996.
[9] Schedule, Form R21, list of possible bases of objection on jurisdictional grounds
before
** May only be a relevant jurisdictional objection in NSW, Qld, W.A., S.A. and Tasmania
insert
* May only be a relevant jurisdictional objection in W.A., S.A. and Tasmania
[10] Schedule, Form R28, question 2.4
omit
2.4 Does this agreement apply to the whole or only to a part of a single business?
If the agreement applies to the whole of the single business, proceed to Part 3.
If the agreement applies only part of the single business, is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?
insert
2.4 Does this agreement apply to the whole or only to a part of a single business, as defined in subsection 170LB (3) of the Act?
WHOLE / PART (If WHOLE, proceed to Part 3)
If PART, is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?
[11] Schedule, Form R28, Part 3
insert after question 3.3
3.3A Contact person for receipt of hearing details concerning application (the person authorised by the employer(s) to speak about the agreement on behalf of the employer(s))
Full name: ................................................................................
Position: ...................................................................................
Address of contact person: .............................................................................................................................................................................................................................................................................................................POSTCODE .............................
Telephone number (business hours): ( ) ...............................
Facsimile number: ( ) ............................................................
[12] Schedule, Form R30
omit
The application must be accompanied by:
insert
The application must be accompanied 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
(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.
[13] Schedule, Form R30, question 2.4
omit
2.4 Does this agreement apply to the whole or only to a part of a single business?
If the agreement applies to the whole of the single business, proceed to Part 3.
If the agreement applies only to a part of the single business, is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?
insert
2.4 Does this agreement apply to the whole or only to a part of a single business, as defined in subsection 170LB (3) of the Act?
WHOLE / PART (If WHOLE, proceed to Part 3)
If PART, is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?
[14] Schedule, Form R30, Part 3
insert after question 3.3
3.3A Contact person for receipt of hearing details concerning application (the person authorised by the employer(s) to speak about the agreement on behalf of the employer(s))
Full name: ................................................................................
Position: ...................................................................................
Address of contact person: .............................................................................................................................................................................................................................................................................................................POSTCODE .............................
Telephone number (business hours): ( ) ...............................
Facsimile number: ( ) ............................................................
[15] Schedule, Form R32, question 2.4
omit
2.4 Does this agreement apply to the whole or only to a part of a single business?
If the agreement applies to the whole of the single business, proceed to Part 3.
If the agreement applies only to a part of the single business, is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?
insert
2.4 Does this agreement apply to the whole or only to a part of a single business, as defined in subsection 170LB (3) of the Act?
WHOLE / PART (If WHOLE, proceed to Part 3)
If PART, is the part of the single business a geographically distinct part or a distinct operational or organisational unit within the single business?
[16] Schedule, Form R32, Part 3
insert after question 3.3
3.4 Contact person for receipt of hearing details concerning application (the person authorised by the employer(s) to speak about the agreement on behalf of the employer(s))
Full name: ................................................................................
Position: ...................................................................................
Address of contact person: .............................................................................................................................................................................................................................................................................................................POSTCODE .............................
Telephone number (business hours): ( ) ...............................
Facsimile number: ( ) ............................................................
[17] Schedule, Forms R63 and R64
omit each mention of
employers
insert
employees
Notes
1. These rules amend Statutory Rules 1998 No. 1, as amended by
1999 No. 1.
2. Made by the President of the Australian Industrial Relations Commission on 5 May 1999, and notified in the Commonwealth of Australia Gazette on 12 May 1999.