Workplace Relations Regulations 2006

No longer in force

Administered by

Employment

This item is authorised by the following titles:

Fair Work (Registered Organisations) Act 2009
Workplace Relations Amendment (Work Choices) Act 2005

Superseded version

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View as made version

F2008C00640

02 December 2008 - 04 August 2009

Table of contents

1.1 Name of Regulations [see Note 1]
1.2 Commencement [see Note 1]
1.3 Definitions
1.4 Definition of employing authority in subsection 4 (1) of the Act — prescribed persons and bodies
1.5 Definition of public sector employment in subsection 4 (1) of the Act — prescribed laws and persons
1.6 Repeal of Workplace Relations Regulations 1996
1.1 Crew members of commercial vessels
1.2 State and Territory laws that are not excluded by the Act — general
1.3 State and Territory laws that are not excluded by the Act — specified laws
1.4 Exclusion of prescribed State and Territory laws
1.5 Laws about training arrangements
1.6 Laws about prevailing awards, agreements and Commission orders
3.1 Prescribed State industrial authorities — section 67 and subsections 71 (2) and 696 (1), (2) and (5) of the Act
3.2 Prescribed tribunals — subsections 69 (1), 69 (2) and 79 (5) of the Act
3.3 Representation of employing authorities before the Commission or Court
3.4 Representation of certain persons by unregistered associations
3.5 Compulsory conferences
3.6 Power to override certain laws affecting public sector employment
3.7 President must provide certain information etc to the Minister
3.8 Power of Commission to waive procedural requirements and effect of non-compliance
4.1 Office hours
4.2 Lodgment of documents in Industrial Registry
4.3 Endorsement of documents
4.4 Inspection of documents
4.5 Power to waive procedural requirements and effect of non-compliance
4.6 Use of previous evidence
4.7 Recovery of cost of providing copies of documents
4.8 Custody and use of seals of the Industrial Registry
4.9 General powers of Registrar
4.10 Signing of documents etc on behalf of persons, organisations etc
4.11 Application of the Criminal Code to civil remedy provisions
5.2 Remuneration and allowances
5.3 Identity of parties to ITEA not to be disclosed — exception relating to analyses and reports
5.6 Disclosure of information by workplace agreement official
6.1 Period of appointment
6.2 Advice about rights and obligations
6.3 Notification of failure to observe requirements
6.4 Investigating alleged breach of section 34 of the Independent Contractors Act 2006
6.5 Taking of samples
6.6 Disclosure of information by Workplace Ombudsman
7.1 Operation of the Australian Fair Pay and Conditions Standard — provision of more favourable outcome
7.2 Definitions for Division 2 of the Act — pre-reform federal wage instrument
7.3 Definitions for Division 2 of the Act — pre-reform State wage instrument
7.4 Deriving preserved APCSs from pre-reform wage instruments — supported employment services
7.5 Notional adjustments — general
7.6 Notional adjustments — Victorian minimum wage orders
7.7 Adjustments to incorporate 2005 Safety Net Review — other matters
7.7A Piece rate employees — basic periodic rate of pay
7.8 Medical certificates issued by registered health practitioners
7.9 Piece rate employees — basic periodic rate of pay
7.10 Piece rate employees — basic periodic rate of pay
8.1 Authorisation of multiple-business agreements
8.2 Workplace agreement displaces certain Commonwealth laws — prescribed conditions of employment
8.3 Workplace agreement displaces certain Commonwealth laws — prescribed Commonwealth laws
8.4 Purpose of Division
8.5 Various matters
8.6 Discriminatory terms
8.7 Matters that do not pertain to the employment relationship are prohibited content
8.8 Prohibited content
8.9 Employer must not lodge workplace agreement containing prohibited content
8.10 Qualifications and appointment of bargaining agents
8.11 Required form of workplace agreements
8.12 Witnessing of signatures on ITEAs and variations to ITEAs
8.13 Signing of workplace agreements
8.13A Signing of variations to workplace agreements
8.14 Retention of signed workplace agreement
8.15 Application of the Criminal Code to civil remedy provisions
9.1 Employee may appoint agent to initiate bargaining period — qualifications for appointment
9.2 Employee may appoint agent to initiate bargaining period — appointment
9.3 Protected action
9.4 Declaration envelope
9.5 Employee may appoint agent to apply for ballot order — qualifications for appointment
9.6 Employee may appoint agent to apply for ballot order — appointment
9.7 Material to accompany application
9.8 Notifying employees of ballot
9.9 Information relevant to roll of voters
9.10 Form of ballot paper
9.11 Conduct of ballot — access to workplace
9.12 Directions about ballot paper
9.13 Issuing of ballot papers — attendance voting
9.14 Duplicate ballot papers — attendance voting
9.15 Dispatch of ballot papers — postal voting
9.16 Duplicate ballot paper etc — postal voting
9.17 Manner of voting — postal voting
9.18 Scrutiny
9.19 Appointment of scrutineers
9.20 Qualifications of scrutineers
9.21 Scrutineers — appointment
9.22 Functions of scrutineers
9.23 Powers and duties of authorised independent advisers
9.24 Industrial action etc must not be taken before nominal expiry date of collective agreement or workplace determination
9.25 Industrial action must not be taken before nominal expiry date of ITEA
9.26 Application of the Criminal Code to civil remedy provisions
10.1 Award conditions for part-time employees
10.2 Preservation of certain award terms
10.3 Meaning of more generous
10.4 Modifications in relation to personal/carer’s leave
10.5 Modifications in relation to parental leave
10.7 Process for valid majority of employees
12.1 Displacement of entitlement to meal breaks
12.2 Interpretation for Division 4
12.3 Specified rate
12.4 Rate of remuneration per year
12.5 Amount taken to have been received by the employee
12.6 Annual indexation of certain amounts
12.7 Schedule of costs (Act, s 658)
12.8 Temporary absence because of illness or injury
12.9 Prescribed notice of intended terminations  subsection 660 (2) of the Act
12.10 Required period of notice — exception for serious misconduct
12.11 Required period of notice — ascertaining period of continuous service
12.12 Compensation in lieu of required period of notice — commission or piece rates employees
12.13 Inapplicability of section 661 of the Act — succession, assignment or transmission of business
13.1 Alternative dispute resolution process — parties cannot agree on a provider
13.2 Dispute resolution processes — application
14.1 Recovery of wages etc — small claims procedure
14.2 Recovery of small claims under award, order, ITEA or certified agreement — maximum amount
14.3 Standing for civil remedies
14.4 Court may order pecuniary penalty
14.5 Multiple contraventions of civil remedy provisions
14.6 Crown not liable to penalty for contravention of civil remedy provision
15.1 Definitions — OHS law
15.2 Issue of permit — form of application
15.3 Issue of permit — form of permit
15.4 Revocation, suspension etc by Registrar — application for revocation of a permit
15.5 Exemption from requirement to provide entry notice — form of application
15.6 Exemption from requirement to provide entry notice — form of exemption certificate
15.7 Limitation on rights — conscientious objection certificates
15.8 Unreasonable requests by occupier or affected employee
19.1 Purpose of Part 19
19.2 Application of Part 19
19.3 Application of the Criminal Code to civil remedy provisions
19.4 Obligation to make and keep records relating to employees
19.5 Condition of records
19.6 Form of records
19.7 Content requirement for records
19.8 Contents of records — general
19.9 Contents of records — overtime hours worked
19.10 Contents of records — reasonable additional hours
19.11 Contents of records — pay
19.12 Contents of records — leave
19.13 Contents of records — superannuation contributions
19.14 Contents of records — termination of employment
19.15 Transmission of business
19.16 Alteration and correction of a record
19.17 False or misleading entry in a record
19.18 Inspection and copying of a record
19.19 Information concerning a record
19.20 Pay slips
19.21 Contents of pay slips
19.22 Effect of repeal of pre-reform Regulations
19.23 Application of provisions after transitional award ceases to operate
19.44 Purpose of Part
19.45 Definitions
19.46 When an infringement notice can be given
19.47 Contents of infringement notice
19.48 Amount of penalty if infringement notice issued
19.49 Time for payment of penalty
19.50 Extension of time to pay penalty
19.51 Effect of payment of penalty
19.52 Withdrawal of infringement notice
19.53 Notice of withdrawal of infringement notices
19.54 Refund of penalty
21.1 Additional effect of Act — workplace agreements (related provisions)
21.2 Workplace agreements — mandatory term about basic periodic rate of pay
21.3 Relationship between employment agreements and Australian Fair Pay and Conditions Standard
3.1 Variation of transitional awards — dealing with industrial dispute
7.1 Definitions for Part 7
7.2 Industrial disputes — prescribed laws of Victoria
7.3 Preserved transitional award terms
7.4 Meaning of more generous
7.5 Modifications in relation to personal/carer’s leave
7.6 Modifications in relation to parental leave
7.7 Proposed variation of common rules — notice of hearing by the Commission
7.8 Publication of a notice inviting objections to a variation
7.9 Notice of declaration that a variation is not binding on the organisation or person
7.10 Preserved transitional award terms
7.11 Meaning of more generous
7.12 Modifications in relation to personal/carer’s leave
7.13 Modifications in relation to parental leave
8.1 Varying or setting aside obligation to pay redundancy pay
1.1 Purpose of Chapter 4
2.1 Varying or setting aside obligation to pay redundancy pay
2.2 Protected preserved conditions where termination of preserved State agreement occurred before Transition to Forward with Fairness Act
2.3 Outworker conditions under preserved State agreements to continue to have effect for employees subject to workplace agreements or workplace determinations
3.1A Outworker conditions under notional agreements preserving State awards to continue to have effect for employees subject to workplace agreements
3.1 Preserved notional terms of notional agreement
3.2 Meaning of more generous
3.3 Modifications in relation to personal/carer’s leave
3.4 Modifications in relation to parental leave
3.5 Varying or setting aside obligation to pay redundancy pay
1.1 Definitions
2.1 Order
2.2 Variation of order
2.3 Organisations and transitionally registered association must comply with order
2.4 Order
2.5 Order may be subject to limits or alterations
2.6 Organisations and transitionally registered association must comply with order
2.7 Representation rights — evidence in prior proceedings
3.1 Application for cancellation of transitional registration by Commission — form of application
3.2 Application for cancellation of transitional registration by Commission — registration by mistake
3.3 Application for cancellation of transitional registration by Commission — association no longer State-registered association
4.1 Modifications
4.2 Provisions not to apply
4.3 Other criteria for registration of transitionally registered association — being substantially identical to another body
4.4 Other criteria for registration of transitionally registered association — coverage rules
4.5 Change of rules not to prevent registration
1.1 Purpose of Chapter 7
2.1 Effect of repeal
2.2 Succession, transmission or assignment of a business before reform commencement — application of Part 7 of Schedule 6 to the Act
2.2A Additional effect of Act — exclusion of Victorian laws under section 898
2.3 Transmission of business — application of Subdivision F of Division 1 of Part 7 of Schedule 6 to the Act
2.4 Transmission of business — application of Subdivision BA of Division 2 of Part 7 of Schedule 6 to the Act
2.4A Hours of work
2.5 Application of pre-reform Act
2.6 Effect of amendments — equal remuneration for work of equal value
2.7 Effect of amendments — parental leave (repeal of pre-reform leave provisions)
2.8 Replacement employees
2.9 Awards in relation to permit ships
2.10 Costs only where proceeding instituted vexatiously etc
2.11 Signature on behalf of body corporate
2.12 Application of Act and Regulations
2.13 Application of pre-reform Act
2.14 Powers of workplace inspectors in relation to investigation of alleged breaches of pre-reform Act or pre-reform Regulations
2.15 Repeal of Part IVA of the pre-reform Act — other functions and powers of pre-reform authorised officers in relation to investigation of alleged breaches not started before the reform commencement
2.16 Repeal of Part IVA of the pre-reform Act — other functions and powers of pre-reform authorised officers in relation to investigation of alleged breaches started before the reform commencement
2.17 Disclosure of information
2.18 Repeal of Part VA — review by Commonwealth Ombudsman
2.19 Enforcement of rights and obligations
2.20 Interpretation of transitional instruments
2.21 Industrial action
2.22 Accrual and crediting of leave in advance of service
2.23 Accrual and crediting of leave in arrears of service
2.23A Pre-reform personal/carer’s leave and compassionate leave
2.24 Varying or setting aside obligation to pay redundancy pay
3.1 Effect of repeal
3.2 Effect of repeal of regulation 132G
4.1 Definitions
4.2 Appeals against findings in relation to industrial disputes
4.3 Appeals against awards or orders
4.4 Appeals against decisions not to make orders or awards
4.5 Appeals against decisions under paragraph 111 (1) (g) of pre-reform Act
4.6 Appeals against decisions under Division 5 of Part VI of pre-reform Act
4.7 Appeals against decisions not to certify agreements
4.8 Appeal against decision to certify agreement
4.9 Appeal against decision to vary, or not to vary, award or certified agreement (objectionable provision)
4.10 Appeal against decision to vary, or not to vary, award or certified agreement (sex discrimination)
4.11 Appeal against decision in relation to jurisdiction
4.12 Appeals relating to matters arising under Registration and Accountability of Organisations Schedule
4.13 Time within which appeals may be instituted
4.14 General rules relating to continuing appeals
4.15 Reference to Commission by Registrar
4.16 Removal of matter before Registrar
4.17 Appeal from Registrar to Commission
4.18 Reference to Court by Registrar
4.19 Review of certain awards
4.20 Dealing with disputes
4.21 Principles about making or varying awards in relation to allowable award matters
4.22 Reference of disputes to Full Bench
4.23 Proceedings being dealt with by President
4.24 Review on application by Minister
4.25 Particular powers of Commission
4.26 Commission to cease dealing with industrial dispute in certain circumstances
4.27 Recommendations by consent
4.28 Varying awards (ambiguity or uncertainty)
4.29 Varying awards (removal of discrimination)
4.30 Varying certified agreements (removal of discrimination)
4.31 Varying awards (change of name)
4.32 Varying awards (junior rates of pay)
4.33 Enterprise flexibility provisions
4.34 Compulsory conferences
4.35 Exceptional matters orders
4.36 Orders to stop or prevent industrial action
4.37 Unfair contracts
4.38 Orders restraining State authorities from dealing with disputes
4.39 Reference of dispute to local industrial board
4.40 Boards of reference
4.41 Secret ballots — industrial disputes
4.42 Secret ballots — industrial action
4.43 Secret ballots — approval of certified agreements
4.44 Secret ballots — industrial action during bargaining period
4.45 Application for secret ballot
4.46 Common rules
4.47 Review of operation of awards
4.48 Disputes relating to boycotts
4.49 Restriction on certain actions in tort
4.50 Cancellation and suspension of awards and orders
4.51 Civil penalty proceedings
4.52 Powers of Commission
4.53 Remedies for breaches
4.54 Removal of objectionable provisions
4.55 Appeal rights under State laws
1.1 Ballots conducted by the Australian Electoral Commission — no unauthorised action
1.2 No action for defamation in certain cases
1.3 Application of the Criminal Code to civil remedy provisions
- Schedule 1 Forms
- Schedule 2 Employing authorities (Act, subsection 4 (1))
- Schedule 3 Commonwealth authorities (definition of public sector employment)
- Schedule 4 Information and copies of documents to be given to Minister by AIRC
- Schedule 7 Schedule of costs
- Schedule 8 Further provisions — amendments of the Act relating to definitions

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Workplace Relations Regulations 2006

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Workplace Relations Regulations 2006

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