WORKPLACE RELATIONS REGULATIONS 2006

Commonwealth Consolidated Regulations

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WORKPLACE RELATIONS REGULATIONS 2006

- made under the Workplace Relations Act 1996 and Workplace Relations Amendment (Work Choices) Act 2005

TABLE OF PROVISIONS

CHAPTER 1--Preliminary

1.1.1. Name of Regulations [see Note 1]
1.1.2. Commencement [see Note 1]
1.1.3. Definitions
1.1.4. Definition of employing authority in subsection 4 (1) of the Act -- prescribed persons and bodies
1.1.5. Definition of public sector employment in subsection 4 (1) of the Act -- prescribed laws and persons
1.1.6. Repeal of Workplace Relations Regulations 1996

CHAPTER 2--General regulations for the

PART 1--PRELIMINARY

Division 1--Exclusion of persons insufficiently connected with Australia

2.1.1. Crew members of commercial vessels

Division 2--Act excludes some State and Territory laws

2.1.2. State and Territory laws that are not excluded by the Act -- general
2.1.3. State and Territory laws that are not excluded by the Act -- specified laws
2.1.4. Exclusion of prescribed State and Territory laws

Division 3--Awards, agreements and Commission orders prevail over State and Territory law etc

2.1.5. Laws about training arrangements
2.1.6. Laws about prevailing awards, agreements and Commission orders

PART 3--AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Division 1--Establishment of Commission

2.3.1. Prescribed State industrial authorities -- section 67 and subsections 71 (2) and 696 (1), (2) and (5) of the Act
2.3.2. Prescribed tribunals -- subsections 69 (1), 69 (2) and 79 (5) of the Act

Division 3--Representation and intervention

2.3.3. Representation of employing authorities before the Commission or Court
2.3.4. Representation of certain persons by unregistered associations

Division 4--General matters relating to the powers and procedures of the Commission

2.3.5. Compulsory conferences
2.3.6. Power to override certain laws affecting public sector employment

Division 6--Miscellaneous

2.3.7. President must provide certain information etc to the Minister
2.3.8. Power of Commission to waive procedural requirements and effect of non-compliance

PART 4--AUSTRALIAN INDUSTRIAL REGISTRY

2.4.1. Office hours
2.4.2. Lodgment of documents in Industrial Registry
2.4.3. Endorsement of documents
2.4.4. Inspection of documents
2.4.5. Power to waive procedural requirements and effect of non-compliance
2.4.6. Use of previous evidence
2.4.7. Recovery of cost of providing copies of documents
2.4.8. Custody and use of seals of the Industrial Registry
2.4.9. General powers of Registrar
2.4.10. Signing of documents etc on behalf of persons, organisations etc
2.4.11. Application of the Criminal Code to civil remedy provisions

PART 5--WORKPLACE AUTHORITY DIRECTOR

2.5.2. Remuneration and allowances

Division 3--Disclosure of identity of parties to ITEA

2.5.3. Identity of parties to ITEA not to be disclosed -- exception relating to analyses and reports

Division 4--Disclosure of information by workplace agreement official

2.5.6. Disclosure of information by workplace agreement official

PART 6--WORKPLACE INSPECTORS

2.6.1. Period of appointment
2.6.2. Advice about rights and obligations
2.6.3. Notification of failure to observe requirements
2.6.4. Investigating alleged breach of section 34 of the Independent Contractors Act 2006
2.6.5. Taking of samples
2.6.6. Disclosure of information by Workplace Ombudsman

PART 7--THE AUSTRALIAN FAIR PAY AND CONDITIONS STANDARD

Division 1--Preliminary

2.7.1. Operation of the Australian Fair Pay and Conditions Standard -- provision of more favourable outcome

Division 2--Wages

Subdivision A--Preliminary

2.7.2. Definitions for Division 2 of the Act -- pre-reform federal wage instrument
2.7.3. Definitions for Division 2 of the Act -- pre-reform State wage instrument

Subdivision I--Australian Pay and Classification Scales: preserved APCSs

2.7.4. Deriving preserved APCSs from pre-reform wage instruments -- supported employment services
2.7.5. Notional adjustments -- general
2.7.6. Notional adjustments -- Victorian minimum wage orders

Subdivision L--Adjustments to incorporate 2005 Safety Net Review etc

2.7.7. Adjustments to incorporate 2005 Safety Net Review -- other matters

Division 4--Annual Leave

2.7.7A. Piece rate employees -- basic periodic rate of pay

Division 5--Personal leave

2.7.8. Medical certificates issued by registered health practitioners
2.7.9. Piece rate employees -- basic periodic rate of pay

Division 6--Parental leave

2.7.10. Piece rate employees -- basic periodic rate of pay

PART 8--WORKPLACE AGREEMENTS

Division 2--Types of workplace agreements

2.8.1. Authorisation of multiple-business agreements

Division 6--Operation of workplace agreements and persons bound

2.8.2. Workplace agreement displaces certain Commonwealth laws -- prescribed conditions of employment
2.8.3. Workplace agreement displaces certain Commonwealth laws -- prescribed Commonwealth laws

Division 7.1--Prohibited content under section 356 of the Act

Subdivision A--Preliminary

2.8.4. Purpose of Division

Subdivision B--Various matters that are prohibited content

2.8.5. Various matters
2.8.6. Discriminatory terms

Subdivision C--Matters that do not pertain to the employment relationship are prohibited content

2.8.7. Matters that do not pertain to the employment relationship are prohibited content

Division 7.2--Prohibited content under Schedule 8 to the Act

2.8.8. Prohibited content

Subdivision B--Prohibited content

2.8.9. Employer must not lodge workplace agreement containing prohibited content

Division 12--Miscellaneous

2.8.10. Qualifications and appointment of bargaining agents
2.8.11. Required form of workplace agreements
2.8.12. Witnessing of signatures on ITEAs and variations to ITEAs
2.8.13. Signing of workplace agreements
2.8.13A.Signing of variations to workplace agreements
2.8.14. Retention of signed workplace agreement
2.8.15. Application of the Criminal Code to civil remedy provisions

PART 9--INDUSTRIAL ACTION

Division 2--Bargaining periods

2.9.1. Employee may appoint agent to initiate bargaining period -- qualifications for appointment
2.9.2. Employee may appoint agent to initiate bargaining period -- appointment

Division 3--Protected action

2.9.3. Protected action

Division 4--Secret ballots on proposed protected action

Subdivision A--General

2.9.4. Declaration envelope
2.9.5. Employee may appoint agent to apply for ballot order -- qualifications for appointment
2.9.6. Employee may appoint agent to apply for ballot order -- appointment

Subdivision B--Application for order for protected action ballot to be held

2.9.7. Material to accompany application

Subdivision C--Secret ballots on proposed protected action

2.9.8. Notifying employees of ballot
2.9.9. Information relevant to roll of voters
2.9.10. Form of ballot paper
2.9.11. Conduct of ballot -- access to workplace
2.9.12. Directions about ballot paper
2.9.13. Issuing of ballot papers -- attendance voting
2.9.14. Duplicate ballot papers -- attendance voting
2.9.15. Dispatch of ballot papers -- postal voting
2.9.16. Duplicate ballot paper etc -- postal voting
2.9.17. Manner of voting -- postal voting
2.9.18. Scrutiny
2.9.19. Appointment of scrutineers
2.9.20. Qualifications of scrutineers
2.9.21. Scrutineers -- appointment
2.9.22. Functions of scrutineers
2.9.23. Powers and duties of authorised independent advisers

Division 5--Industrial action not to be engaged in before nominal expiry date of workplace agreement or workplace determination

2.9.24. Industrial action etc must not be taken before nominal expiry date of collective agreement or workplace determination
2.9.25. Industrial action must not be taken before nominal expiry date of ITEA
2.9.26. Application of the Criminal Code to civil remedy provisions

PART 10--AWARDS

Division 2--Terms that may be included in awards

Subdivision D--Regulations relating to part-time employees

2.10.1. Award conditions for part-time employees

Division 3--Preserved award entitlements

2.10.2. Preservation of certain award terms
2.10.3. Meaning of more generous
2.10.4. Modifications in relation to personal/carer's leave
2.10.5. Modifications in relation to parental leave

Division 6--Binding additional employers, employees and organisations to awards

2.10.7. Process for valid majority of employees

PART 12--MINIMUM ENTITLEMENTS OF EMPLOYEES

Division 1--Entitlement to meal breaks

2.12.1. Displacement of entitlement to meal breaks

Division 4--Termination of employment

2.12.2. Interpretation for Division 4
2.12.3. Specified rate
2.12.4. Rate of remuneration per year
2.12.5. Amount taken to have been received by the employee
2.12.6. Annual indexation of certain amounts
2.12.7. Schedule of costs (Act, s 658)
2.12.8. Temporary absence because of illness or injury
2.12.9. Prescribed notice of intended terminations ¾ subsection 660 (2) of the Act
2.12.10.Required period of notice -- exception for serious misconduct
2.12.11.Required period of notice -- ascertaining period of continuous service
2.12.12.Compensation in lieu of required period of notice -- commission or piece rates employees
2.12.13.Inapplicability of section 661 of the Act -- succession, assignment or transmission of business

PART 13--DISPUTE RESOLUTION PROCESSES

Division 2--Model dispute resolution process

2.13.1. Alternative dispute resolution process -- parties cannot agree on a provider

Division 3--Alternative dispute resolution process conducted by Commission under model dispute resolution process

2.13.2. Dispute resolution processes -- application

PART 14--COMPLIANCE

Division 2--Penalties and other remedies for contravention of applicable provisions

2.14.1. Recovery of wages etc -- small claims procedure
2.14.2. Recovery of small claims under award, order, ITEA or certified agreement -- maximum amount

Division 3--General provisions relating to civil remedies

2.14.3. Standing for civil remedies
2.14.4. Court may order pecuniary penalty
2.14.5. Multiple contraventions of civil remedy provisions
2.14.6. Crown not liable to penalty for contravention of civil remedy provision

PART 15--RIGHT OF ENTRY

Division 1--Preliminary

2.15.1. Definitions -- OHS law

Division 2--Issue of permits

2.15.2. Issue of permit -- form of application
2.15.3. Issue of permit -- form of permit

Division 3--Expiry, revocation, suspension, etc of permits

2.15.4. Revocation, suspension etc by Registrar -- application for revocation of a permit

Division 4--Right of entry to investigate suspected breaches

2.15.5. Exemption from requirement to provide entry notice -- form of application
2.15.6. Exemption from requirement to provide entry notice -- form of exemption certificate

Division 6--Right of entry to hold discussions with employees

2.15.7. Limitation on rights -- conscientious objection certificates

Division 9--Powers of the Commission

2.15.8. Unreasonable requests by occupier or affected employee

PART 19--RECORDS RELATING TO EMPLOYEES AND PAY SLIPS

Division 1--Preliminary

2.19.1. Purpose of Part 19
2.19.2. Application of Part 19
2.19.3. Application of the Criminal Code to civil remedy provisions

Division 2--Rules concerning keeping records

2.19.4. Obligation to make and keep records relating to employees
2.19.5. Condition of records
2.19.6. Form of records

Division 3--Content of records

2.19.7. Content requirement for records
2.19.8. Contents of records -- general
2.19.9. Contents of records -- overtime hours worked
2.19.10.Contents of records -- reasonable additional hours
2.19.11.Contents of records -- pay
2.19.12.Contents of records -- leave
2.19.13.Contents of records -- superannuation contributions
2.19.14.Contents of records -- termination of employment

Division 4--Transmission of business

2.19.15.Transmission of business

Division 5--Miscellaneous

2.19.16.Alteration and correction of a record
2.19.17.False or misleading entry in a record
2.19.18.Inspection and copying of a record
2.19.19.Information concerning a record

Division 6--Pay slips

2.19.20.Pay slips
2.19.21.Contents of pay slips

Division 7--Transitional provisions

2.19.22.Effect of repeal of pre-reform Regulations
2.19.23.Application of provisions after transitional award ceases to operate

PART 19B--INFRINGEMENT NOTICES

Division 1--Preliminary

2.19.44.Purpose of Part
2.19.45.Definitions

Division 2--Infringement notices

2.19.46.When an infringement notice can be given
2.19.47.Contents of infringement notice
2.19.48.Amount of penalty if infringement notice issued
2.19.49.Time for payment of penalty
2.19.50.Extension of time to pay penalty
2.19.51.Effect of payment of penalty
2.19.52.Withdrawal of infringement notice
2.19.53.Notice of withdrawal of infringement notices
2.19.54.Refund of penalty

PART 21--MATTERS REFERRED BY VICTORIA

2.21.1. Additional effect of Act -- workplace agreements (related provisions)
2.21.2. Workplace agreements -- mandatory term about basic periodic rate of pay
21.3. Relationship between employment agreements and Australian Fair Pay and Conditions Standard

CHAPTER 3--Transitional arrangements for parties bound by federal awards

PART 3--POWERS AND PROCEDURES OF COMMISSION FOR DEALING WITH INDUSTRIAL DISPUTES

Division 2--Variation and revocation of transitional awards

3.3.1. Variation of transitional awards -- dealing with industrial dispute

PART 7--MATTERS RELATING TO VICTORIA

Division 1--Matters referred by Victoria

Subdivision A--Introduction

3.7.1. Definitions for Part 7

Subdivision B--Industrial disputes

3.7.2. Industrial disputes -- prescribed laws of Victoria

Subdivision D--Preserved transitional award terms -- transitional Victorian reference awards

3.7.3. Preserved transitional award terms
3.7.4. Meaning of more generous
3.7.5. Modifications in relation to personal/carer's leave
3.7.6. Modifications in relation to parental leave

Subdivision E--Common rules

3.7.7. Proposed variation of common rules -- notice of hearing by the Commission
3.7.8. Publication of a notice inviting objections to a variation
3.7.9. Notice of declaration that a variation is not binding on the organisation or person

Division 2--Other matters

Subdivision B--Preserved transitional award terms -- transitional awards (other than transitional Victorian reference awards) in respect of employees in Victoria

3.7.10. Preserved transitional award terms
3.7.11. Meaning of more generous
3.7.12. Modifications in relation to personal/carer's leave
3.7.13. Modifications in relation to parental leave

PART 8--TRANSITIONAL ARRANGEMENTS FOR PARTIES BOUND BY FEDERAL AWARDS --MISCELLANEOUS

3.8.1. Varying or setting aside obligation to pay redundancy pay

CHAPTER 4--Extra provisions relating to definitions

4.1.1. Purpose of Chapter 4

CHAPTER 5--Transitional treatment of State employment agreements and State awards

PART 2--PRESERVED STATE AGREEMENTS

5.2.1. Varying or setting aside obligation to pay redundancy pay
5.2.2. Protected preserved conditions where termination of preserved State agreement occurred before Transition to Forward with Fairness Act
5.2.3. Outworker conditions under preserved State agreements to continue to have effect for employees subject to workplace agreements or workplace determinations

PART 3--NOTIONAL AGREEMENTS PRESERVING STATE AWARDS

Division 2--Effect and operation of a notional agreement preserving State awards

5.3.1A. Outworker conditions under notional agreements preserving State awards to continue to have effect for employees subject to workplace agreements

Division 5--Preserved notional terms and preserved notional entitlements

5.3.1. Preserved notional terms of notional agreement
5.3.2. Meaning of more generous
5.3.3. Modifications in relation to personal/carer's leave
5.3.4. Modifications in relation to parental leave
5.3.5. Varying or setting aside obligation to pay redundancy pay

CHAPTER 6--Transitionally registered associations

PART 1--PRELIMINARY

6.1.1. Definitions

PART 2--REPRESENTATION RIGHTS OF TRANSITIONALLY REGISTERED ASSOCIATIONS OF EMPLOYEES

Division 1--Orders about representation rights of transitionally registered associations of employees -- no prior order in relation to State-registered association

6.2.1. Order
6.2.2. Variation of order
6.2.3. Organisations and transitionally registered association must comply with order

Division 2--Orders about representation rights of transitionally registered associations of employees -- prior order in relation to State-registered association

6.2.4. Order
6.2.5. Order may be subject to limits or alterations
6.2.6. Organisations and transitionally registered association must comply with order

Division 3--Proceedings regarding representation rights in a State or Territory immediately before the reform commencement

6.2.7. Representation rights -- evidence in prior proceedings

PART 3--CANCELLATION OF TRANSITIONAL REGISTRATION

6.3.1. Application for cancellation of transitional registration by Commission -- form of application
6.3.2. Application for cancellation of transitional registration by Commission -- registration by mistake
6.3.3. Application for cancellation of transitional registration by Commission -- association no longer State-registered association

PART 4--MODIFICATION OF REGISTRATION AND ACCOUNTABILITY OF ORGANISATIONS SCHEDULE FOR TRANSITIONALLY REGISTERED ASSOCIATIONS

6.4.1. Modifications
6.4.2. Provisions not to apply
6.4.3. Other criteria for registration of transitionally registered association -- being substantially identical to another body
6.4.4. Other criteria for registration of transitionally registered association -- coverage rules
6.4.5. Change of rules not to prevent registration

CHAPTER 7--Transitional and other provisions for the Work Choices Act

PART 1--PRELIMINARY

7.1.1. Purpose of Chapter 7

PART 2--REGULATIONS FOR TRANSITIONAL ETC PROVISIONS AND CONSEQUENTIAL AMENDMENTS -- ACT

Division 1--Repeal of Part XV of the pre-reform Act

7.2.1. Effect of repeal

Division 2--Transmission of transitional awards

7.2.2. Succession, transmission or assignment of a business before reform commencement -- application of Part 7 of Schedule 6 to the Act

Division 2A--Matters referred by Victoria

7.2.2A. Additional effect of Act -- exclusion of Victorian laws under section 898

Division 3--Matters relating to Victoria -- transmission of business

7.2.3. Transmission of business -- application of Subdivision F of Division 1 of Part 7 of Schedule 6 to the Act

Division 4--Matters relating to Victoria -- transmission of business

7.2.4. Transmission of business -- application of Subdivision BA of Division 2 of Part 7 of Schedule 6 to the Act

Division 4A--Matters relating to Victoria -- employees covered by transitional awards or common rules

7.2.4A. Hours of work

Division 5--Succession, transmission or assignment of a business before reform commencement

7.2.5. Application of pre-reform Act

Division 6--Amendment of Part VIA of the pre-reform Act

7.2.6. Effect of amendments -- equal remuneration for work of equal value
7.2.7. Effect of amendments -- parental leave (repeal of pre-reform leave provisions)
7.2.8. Replacement employees

Division 7--Operation of matters relating to permit ships

7.2.9. Awards in relation to permit ships

Division 8--Amendment of Part XII of the pre-reform Act

7.2.10. Costs only where proceeding instituted vexatiously etc

Division 9--Amendment of Part XIII of the pre-reform Act

7.2.11. Signature on behalf of body corporate

Division 10--Application of Act and Regulations to Australia's exclusive economic zone and continental shelf

7.2.12. Application of Act and Regulations

Division 11--Application of pre-reform Act in relation to certain pre-reform certified agreements and pre-reform AWAs

7.2.13. Application of pre-reform Act

Division 12--Workplace inspectors

7.2.14. Powers of workplace inspectors in relation to investigation of alleged breaches of pre-reform Act or pre-reform Regulations
7.2.15. 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
7.2.16. 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
7.2.17. Disclosure of information

Division 13--Compliance

7.2.18. Repeal of Part VA -- review by Commonwealth Ombudsman
7.2.19. Enforcement of rights and obligations

Division 14--Interpretation of transitional instruments

7.2.20. Interpretation of transitional instruments

Division 15--Industrial action before nominal expiry date of workplace agreement or workplace determination

7.2.21. Industrial action

Division 16--Accrual and crediting of leave in lump sums

7.2.22. Accrual and crediting of leave in advance of service
7.2.23. Accrual and crediting of leave in arrears of service

Division 17--Pre-reform personal

7.2.23A.Pre-reform personal/carer's leave and compassionate leave

Division 18--Redundancy pay obligations

7.2.24. Varying or setting aside obligation to pay redundancy pay

PART 3--REGULATIONS FOR TRANSITIONAL ETC PROVISIONS AND CONSEQUENTIAL AMENDMENTS -- PRE-REFORM REGULATIONS

Division 1--Repeal of Division 2 of Part 5A of the pre-reform Regulations

7.3.1. Effect of repeal

Division 2--Matters referred by Victoria

7.3.2. Effect of repeal of regulation 132G

PART 4--REGULATIONS FOR TRANSITIONAL ETC PROVISIONS AND CONSEQUENTIAL AMENDMENTS -- PART-HEARD MATTERS

Division 1--Interpretation

7.4.1. Definitions

Division 2--Appeals under Part VI of the pre-reform Act

7.4.2. Appeals against findings in relation to industrial disputes
7.4.3. Appeals against awards or orders
7.4.4. Appeals against decisions not to make orders or awards
7.4.5. Appeals against decisions under paragraph 111 (1) (g) of pre-reform Act
7.4.6. Appeals against decisions under Division 5 of Part VI of pre-reform Act
7.4.7. Appeals against decisions not to certify agreements
7.4.8. Appeal against decision to certify agreement
7.4.9. Appeal against decision to vary, or not to vary, award or certified agreement (objectionable provision)
7.4.10. Appeal against decision to vary, or not to vary, award or certified agreement (sex discrimination)
7.4.11. Appeal against decision in relation to jurisdiction
7.4.12. Appeals relating to matters arising under Registration and Accountability of Organisations Schedule
7.4.13. Time within which appeals may be instituted
7.4.14. General rules relating to continuing appeals

Division 3--Registrar -- references and appeals

7.4.15. Reference to Commission by Registrar
7.4.16. Removal of matter before Registrar
7.4.17. Appeal from Registrar to Commission
7.4.18. Reference to Court by Registrar

Division 4--Dispute prevention and settlement

7.4.19. Review of certain awards
7.4.20. Dealing with disputes
7.4.21. Principles about making or varying awards in relation to allowable award matters
7.4.22. Reference of disputes to Full Bench
7.4.23. Proceedings being dealt with by President
7.4.24. Review on application by Minister
7.4.25. Particular powers of Commission
7.4.26. Commission to cease dealing with industrial dispute in certain circumstances
7.4.27. Recommendations by consent
7.4.28. Varying awards (ambiguity or uncertainty)
7.4.29. Varying awards (removal of discrimination)
7.4.30. Varying certified agreements (removal of discrimination)
7.4.31. Varying awards (change of name)
7.4.32. Varying awards (junior rates of pay)
7.4.33. Enterprise flexibility provisions
7.4.34. Compulsory conferences
7.4.35. Exceptional matters orders
7.4.36. Orders to stop or prevent industrial action
7.4.37. Unfair contracts
7.4.38. Orders restraining State authorities from dealing with disputes
7.4.39. Reference of dispute to local industrial board
7.4.40. Boards of reference

Division 5--Ballots ordered by Commission

7.4.41. Secret ballots -- industrial disputes
7.4.42. Secret ballots -- industrial action
7.4.43. Secret ballots -- approval of certified agreements
7.4.44. Secret ballots -- industrial action during bargaining period
7.4.45. Application for secret ballot

Division 6--Common rules

7.4.46. Common rules

Division 7--Awards of Commission

7.4.47. Review of operation of awards

Division 8--Boycotts

7.4.48. Disputes relating to boycotts
7.4.49. Restriction on certain actions in tort

Division 9--Cancellation and suspension of awards and orders

7.4.50. Cancellation and suspension of awards and orders

Division 10--Right of entry

7.4.51. Civil penalty proceedings
7.4.52. Powers of Commission

Division 11--Freedom of association

7.4.53. Remedies for breaches
7.4.54. Removal of objectionable provisions

Division 12--State laws

7.4.55. Appeal rights under State laws

CHAPTER 8--Miscellaneous provisions

8.1.1. Ballots conducted by the Australian Electoral Commission -- no unauthorised action
8.1.2. No action for defamation in certain cases
8.1.3. 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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