Australian Industrial Relations Commission Amendment Rules 2008 (No. 1)1
Select Legislative Instrument 2008 No. 73
I, GEOFFREY MICHAEL GIUDICE, President of the Australian Industrial Relations Commission, having consulted with the members of the Commission, make the following Rules under the Workplace Relations Act 1996.
Dated 6 May 2008
G.M. GIUDICE
President of the Australian Industrial Relations Commission
1 Name of Rules
These Rules are the Australian Industrial Relations Commission Amendment Rules 2008 (No. 1).
2 Commencement
These Rules commence on the day after they are registered.
3 Amendment of Australian Industrial Relations Commission Rules 2007
Schedule 1 amends the Australian Industrial Relations Commission Rules 2007.
Schedule 1 Amendments
(rule 3)
[1] Rule 3, definition of OHS (CE) Act
substitute
OHS Act means the Occupational Health and Safety Act 1991.
[2] Subrule 30 (1)
substitute
(1) An application under subsection 643 (1) of the Act must be made in accordance with Form R27.
(1A) An application by a trade union under subsection 643 (3) of the Act must be made in accordance with Form R27A.
(1B) An application by a trade union, or an officer or employee of the trade union, under subsection 643 (4) of the Act must be made in accordance with Form R27A.
[3] After Part 11
insert
Part 11A Collective Agreements
54A Termination of collective agreement after nominal expiry date
(1) An application under section 397A of the Act to have a collective agreement terminated must be in accordance with Form R48A.
(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) 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.
(4) The applicant must serve a copy of the application and of the completed notice of hearing on the other parties bound by the collective agreement.
[3A] Part 12, heading
substitute
Part 12 Extension, Variation and Termination of Pre‑Reform Instruments
[4] Rule 55
substitute
55 Variation of pre‑reform certified agreement on application of person bound by the agreement
(1) An application for an order under subsection 170MD (6) of the pre‑reform Act, as continued in force under paragraph 2 (1) (i) or 13 (1) (k) of Schedule 7 to the Act, to vary a pre‑reform certified agreement must be in accordance with Form R49.
(2) An application for an order under paragraph 2A (1) (b) of Schedule 7 to the Act to vary a pre‑reform certified agreement must be in accordance with Form R49A.
(3) A Registrar must, if and as directed by the Commission, give notice of the time and place of any hearing of the application to:
(a) the parties bound by the pre‑reform certified agreement; and
(b) such other persons subject to the agreement, in such manner as the Commission directs.
55A Extension of pre‑reform certified agreement on application of person bound by the agreement
(1) An application for an order under paragraph 2A (1) (a) of Schedule 7 to the Act to extend the nominal expiry date of a pre‑reform certified agreement must be in accordance with Form R49B.
(2) A Registrar must, if and as directed by the Commission, give notice of the time and place of any hearing of the application to:
(a) the parties bound by the pre‑reform certified agreement; and
(b) such other persons subject to the agreement, in such manner as the Commission directs.
[5] After rule 59
insert
59A Termination of an old IR agreement
(1) An application under clause 29A of Schedule 7 to the Act for an old IR agreement to be terminated must be:
(a) in accordance with Form R53A; and
(b) accompanied by a written statement by each party to the old IR agreement agreeing to the termination.
(2) A Registrar must, if and as directed by the Commission, give notice of the time and place of any hearing of the application to:
(a) the parties bound by the pre‑reform certified agreement; and
(b) such other persons subject to the agreement, in such manner as the Commission directs.
[6] After rule 61
insert in Part 13
61A Extension of a preserved collective State Agreement on application of person bound by the agreement
(1) An application for an order under paragraph 16A (1) (a) of Schedule 8 to the Act to extend the nominal expiry date of a preserved collective State agreement must be in accordance with Form R55A.
(2) A Registrar must, if and as directed by the Commission, give notice of the time and place of any hearing of the application to:
(a) the parties bound by the preserved collective State agreement; and
(b) such other persons subject to the agreement, in such manner as the Commission directs.
61B Variation of a preserved collective State Agreement on application of person bound by the agreement
(1) An application to vary a preserved collective State agreement under paragraph 16A (1) (b) of Schedule 8 to the Act must be in accordance with Form R55B.
(2) A Registrar must, if and as directed by the Commission, give notice of the time and place of any hearing of the application to:
(a) the parties bound by the preserved collective State agreement; and
(b) such other persons subject to the agreement, in such manner as the Commission directs.
[7] Part 16, heading
substitute
Part 16 Occupational Health and Safety Act 1991
[8] Subrule 80 (1)
omit
OHS (CE) Act
insert
OHS Act
[9] Rule 81
omit each mention of
OHS (CE) Act
insert
OHS Act
[10] Schedule 1, Form R4
omit
TAKE NOTICE that the Initiating Party intends to try to make a collective agreement to which s 423 of the Act applies with the Other Negotiating Party/Parties under section 322 [or section 323] of the Act.
insert
TAKE NOTICE that the Initiating Party intends to try to make a collective agreement to which section 423 of the Act applies with the Other Negotiating Party/Parties under section 327 [or section 328] of the Act.
[11] Schedule 1, Form R11, before subheading ‘Employer’
insert
Is there any existing collective agreement, binding on employees who will be subject to the proposed new agreement, with a nominal expiry date that has not yet passed (subsection 451 (2) of the Act)?
Yes No
[12] Schedule 1, Form R11
omit
Note A copy of this application (but not the attachments) must be served on the employer and any person nominated to conduct the ballot within 24 hours of lodging this application with the commission (section 454) of this Act.
insert
Note A copy of this application including the attachments (but not Attachment E) must be served on the employer and any person nominated to conduct the ballot within 24 hours of lodging this application with the commission (section 454 of the Act).
[13] Schedule 1, Form R27, item headed ‘Fee’
substitute
Fee Section 644 of the Workplace Relations Act 1996 requires a fee to be paid on lodgment of this application with the Commission unless a Registrar has, in effect, approved the waiving of the fee. 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 69, 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) Visa MasterCard Card Number __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ Card Expiry Date __ __ / __ __ Cardholder’s Name …………………………………………..... Signature ...……………………………………………………… Any refund of the lodgement fee (see subsection 644 (8) of the Act) will be forwarded to the applicant at the address nominated in item 2. |
Commission use only Receipt Number: ........................................ / Credit Transaction Processed: .................................................. |
[14] Schedule 1, after Form R27
insert
Form R27A
Rule 30 of the Australian Industrial Relations Commission Rules
Workplace Relations Act 1996 (the Act)
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR RELIEF IN RELATION TO TERMINATION OF EMPLOYMENT
(Section 643 of the Act)
Commission use only File number |
Date received |
This Form is to be completed by an applicant union in respect of an application for relief in relation to termination of employment on the ground or grounds of an alleged contravention of one or more of sections 659, 660 and 661 of the Workplace Relations Act 1996. |
Details of union making application | |||||||||
1 Full name of union |
| ||||||||
2 Address of union |
Postcode: | ||||||||
3 Phone or fax number(s) | Business hours: ( ) After hours: ( ) Mobile: ( ) Fax: ( ) Email: | ||||||||
4 Union contact person for notices from the Commission |
| ||||||||
The application is made on behalf of the following employee/s | |||||||||
5 [Write here name/s of employee/s or attach list] | |||||||||
6 Date/s of termination of employee/s employment | [write here or attach list] | ||||||||
Details of employer (the respondent) | |||||||||
7 Name of employer’s business, company, corporation, authority or agency Contact person’s name |
| ||||||||
8 Employer’s trading address or registered office |
Phone: ( ) Fax: ( ) Email: | ||||||||
Extension of time | |||||||||
9 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 6). In such cases, the Commission may decide to dismiss the application without a hearing (section 647 of the Act). My reason/s for seeking an extension of time to lodge this application is/are: | |||||||||
Grounds for application | |||||||||
10 Grounds upon which this application is based | Identify the ground or grounds under subsection 643 (1) of the Act upon which this application is based On the ground of alleged contravention of: section 659 (discrimination or other prohibited reasons); and/or [write here the paragraph(s) in subsection 659 (2) of the Act on which the applicant relies]
section 660 (failure to notify Centrelink); and/or section 661 (failure to give notice of termination). | ||||||||
11 In respect of each ground identified, give a statement in summary form of the material facts on which the applicant relies | [Write here or attach document]
| ||||||||
Relief sought | |||||||||
12 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 | ||||||
|
|
|
|
|
| ||||
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 |
[Signature of union representative]
Name [print]
Date / /
Position | ||||||||
If this application was prepared by a legal practitioner, has a contingency fee agreement (see section 656 of the Act) been entered into?
Yes No
If this application was prepared by a representative other than a legal practitioner, has a costs arrangement (see section 656 of the Act) been entered into?
Yes No
See next page for lodgement fee details
Commission Matter No. U___________________
Fee Section 644 of the Workplace Relations Act 1996 requires a fee to be paid on lodgment of this application with the Commission. 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 69, 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) Visa MasterCard Card Number __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ Card Expiry Date __ __ / __ __ Cardholder’s Name …………………………………………..... Signature ...……………………………………………………… Any refund of the lodgement fee [see subsection 644 (8) of the Act] will be forwarded to the applicant at the address nominated in item 2. |
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
[15] Schedule 1, Form R28
omit
Application details (as stated in Form R27) |
insert
Application details (as stated in Form R27 or R27A) |
[16] Schedule 1, Form R28
omit
Note This form must be lodged with the Commission within 7 days of receipt of Form R27. As soon as practicable after lodging the form, the employer must give a copy of the form to the applicant.
insert
Note This form must be lodged with the Commission within 7 days of receipt of Form R27 or R27A. As soon as practicable after lodging the form, the employer must give a copy of the form to the applicant.
[17] Schedule 1, Form R29
omit
Does the employer object to conciliation before this motion is dealt with by the Commission?
Yes No Not applicable (see section 649) |
insert
Does the employer object to conciliation before this motion is dealt with by the Commission? Yes No |
[18] Schedule 1, Form R30
omit
Does the employer object to conciliation before this motion is dealt with by the Commission?
Yes No Not applicable
|
insert
Does the employer object to conciliation before this motion is dealt with by the Commission? Yes No |
[19] Schedule 1, Form R40, declaration by proposed permit holder, paragraph (g)
substitute
(g) I have not been disqualified, by any court, or other person or body, under a State or Territory industrial law or an OHS law, from exercising, or applying for, a right of entry for industrial or occupational health and safety purposes under that law.
[20] After Form R48
insert
Form R48A
Rule 54A of the Australian Industrial Relations Commission Rules
Workplace Relations Act 1996 (the Act)
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR TERMINATION OF COLLECTIVE AGREEMENT IN PUBLIC INTEREST AFTER NOMINAL EXPIRY DATE
(Section 397A of the Act)
IN the matter of:
[title of collective agreement]
Applicant
Name: | |
Address:
| |
Contact Person: | |
Phone No: | |
Facsimile No: | Mobile No: |
Email address: | |
Application is made under section 397A 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 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 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.
To all parties bound by this agreement
You are notified that 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]
[21] After Form R49
insert
Form R49A
Rule 55 of the Australian Industrial Relations Commission Rules
Workplace Relations Act 1996 (the Act)
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR AN ORDER TO VARY PRE‑REFORM CERTIFIED AGREEMENT
(Clause 2A of Schedule 7 to the Act)
IN the matter of:
[title of certified agreement and code number]
Applicant
Name: [person bound by the pre‑reform certified agreement] | |
Address:
| |
Contact Person: | |
Phone No: | |
Facsimile No: | Mobile No: |
Email address: | |
Application is made under paragraph 2A (1) (b) of Schedule 7 to the Act to vary the terms of 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]
Note The application must be accompanied by:
(a) a copy of the variation; and
(b) 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:
(i) a valid majority of the employees bound by the agreement at the time of making the variation genuinely agree to the variation of the agreement (see subsections 2A (4) and (5) of Schedule 7 to the Act); and
(ii) the agreement as varied would not result, on balance, in a reduction in the overall terms and conditions of employment of the employees bound by the agreement (see paragraph 2A (2) (c) of Schedule 7 to the Act); and
(c) a written statement signed by each party signifying:
(i) their agreement to the variation of the agreement; and
(ii) that none of the parties have after 14 February 2008:
(A) organised or engaged in, or threatened to organise or engage in, industrial action in relation to another party to the agreement; or
(B) applied for a protected action ballot under section 451 of the Act in relation to proposed industrial action.
Form R49B
Rule 55A of the Australian Industrial Relations Commission Rules
Workplace Relations Act 1996 (the Act)
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR EXTENSION OF PRE‑REFORM CERTIFIED AGREEMENT BY A PERSON BOUND BY THE AGREEMENT
(Clause 2A of Schedule 7 to the Act)
IN the matter of:
[title of certified agreement and code number]
Applicant
Name: [person bound by the pre‑reform certified agreement] | |
Address:
| |
Contact Person: | |
Phone No: | |
Facsimile No: | Mobile No: |
Email address: | |
Application is made under paragraph 2A (1) (a) of Schedule 7 to 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:
(a) 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 bound by the agreement at the time of making the extension genuinely agree to the extension of the agreement (see subsections 2A (4) and (5) of Schedule 7 to the Act); and
(b) a written statement signed by each party signifying:
(i) their agreement to the extension of the agreement; and
(ii) that none of the parties have after 14 February 2008:
(A) organised or engaged in, or threatened to organise or engage in, industrial action in relation to another party to the agreement; or
(B) applied for a protected action ballot under section 451 of the Act in relation to proposed industrial action.
[22] After Form R53
insert
Form R53A
Rule 59A of the Australian Industrial Relations Commission Rules
Workplace Relations Act 1996 (the Act)
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR TERMINATION OF OLD IR AGREEMENT
(Clause 29A of Schedule 7 to the Act)
IN the matter of:
[title of old IR agreement and code number]
Applicant
Name: | |
Address:
| |
Contact Person: | |
Phone No: | |
Facsimile No: | Mobile No: |
Email address: | |
Application is made under subclause 29A(1) of Schedule 7 to the Act for the abovementioned agreement to be terminated.
Dated 20 .
[Signature of applicant]
Note The application must be accompanied by a written statement by each party to the agreement signifying their agreement to the termination.
[23] Schedule 1, after Form 55
insert
Form R55A
Rule 61A of the Australian Industrial Relations Commission Rules
Workplace Relations Act 1996 (the Act)
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR EXTENSION OF A PRESERVED COLLECTIVE STATE AGREEMENT BY A PERSON BOUND BY THE AGREEMENT
(Clause 16A of Schedule 8 to the Act)
IN the matter of: [Title of preserved collective State Agreement] |
Applicant
Name of applicant: | |
Address: | |
Contact Person: | |
Phone No: | |
Facsimile No: | Mobile No: |
Email address: | |
Application is made under paragraph 16A (1) (a) of Schedule 8 for the extension of the nominal expiry date of the abovementioned preserved collective State agreement from [nominal expiry date] until [date].
Dated 20 .
[Signature of applicant]
Note The application must be accompanied by:
(a) 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 majority of the employees bound by the agreement at the time of making the extension genuinely agree to the extension of the agreement (see paragraphs 16A(2) and (4) of Schedule 8); and
(b) a written statement signed by each party signifying:
(i) their agreement to the extension of the agreement; and
(ii) that none of the parties have after 14 February 2008:
(A) organised or engaged in, or threatened to organise or engage in, industrial action in relation to another party to the agreement; or
(B) applied for a protected action ballot under section 451 of the Act in relation to proposed industrial action.
Form R55B
Rule 61B of the Australian Industrial Relations Commission Rules
Workplace Relations Act 1996 (the Act)
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION TO VARY A PRESERVED COLLECTIVE STATE AGREEMENT BY A PERSON BOUND BY THE AGREEMENT
(Clause 16A of Schedule 8 to the Act)
IN the matter of: [Title of preserved collective State Agreement] |
Applicant
Name of applicant: | |
Address:
| |
Contact Person: | |
Phone No: | |
Facsimile No: | Mobile No: |
Email address: | |
Application is made under paragraph 16A (1) (b) of Schedule 8 to the Act for the variation of the abovementioned preserved collective State agreement in the following terms:
[Set out the terms of the variation sought]
The grounds on which this application is made are as follows:
[Set out in numbered paragraphs the grounds]
Dated 20 .
[Signature of applicant]
Note The application must be accompanied by:
(a) a copy of the variation; and
(b) 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:
(i) a majority of the employees bound by the agreement at the time of making the variation genuinely agree to the variation of the agreement (see subsections 16A (2) and (4) of Schedule 8 to the Act); and
(ii) the agreement as varied would not result, on balance, in a reduction in the overall terms and conditions of employment of the employees bound by the agreement (see paragraph 16A (2) (c) of Schedule 8 to the Act); and
(c) a written statement signed by each party signifying:
(i) their agreement to the variation of the agreement; and
(ii) that none of the parties have after 14 February 2008:
(A) organised or engaged in, or threatened to organise or engage in, industrial action in relation to another party to the agreement; or
(B) applied for a protected action ballot under section 451 of the Act in relation to proposed industrial action.
[24] Schedule 1, Form R63, preamble
omit
Occupational Health and Safety (Commonwealth Employment) Act 1991
insert
Occupational Health and Safety Act 1991
[25] Schedule 1, Form R63
omit
OHS (CE) Act
insert
Occupational Health and Safety Act 1991
[26] Schedule 1, Form R64
omit each mention of
Occupational Health and Safety (Commonwealth Employment) Act 1991
insert
Occupational Health and Safety Act 1991
[27] Schedule 1, Form R65, preamble
omit
Occupational Health and Safety (Commonwealth Employment) Act 1991
insert
Occupational Health and Safety Act 1991
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.