AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 NO. 1 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 NO. 1 - TABLE OF PROVISIONS 1. PRELIMINARY Citation 2. PRELIMINARY Commencement 3. PRELIMINARY Interpretation 4. PRELIMINARY Seals of Commission 5. PRELIMINARY Forms 6. PRELIMINARY Relief from Rules 7. PRELIMINARY Directions on manner and form of procedure 8. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Commission acting on own motion 9. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Assignment of industries and members 10. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Delegation by President 11. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Appeals to Full Bench 12. AUSTRALIAN INDUSTRIAL REGISTRY References by Registrar 13. AUSTRALIAN INDUSTRIAL REGISTRY Appeals from Registrar 14. DISPUTE PREVENTION AND SETTLEMENT Notification of industrial dispute relating to log of claims 15. DISPUTE PREVENTION AND SETTLEMENT Notification of other industrial disputes 16. DISPUTE PREVENTION AND SETTLEMENT Notice of hearing of dispute 17. DISPUTE PREVENTION AND SETTLEMENT Reference of disputes to Full Bench 18. DISPUTE PREVENTION AND SETTLEMENT President dealing with proceedings 19. DISPUTE PREVENTION AND SETTLEMENT Review on application by Minister 20. DISPUTE PREVENTION AND SETTLEMENT Award by consent of parties 21. DISPUTE PREVENTION AND SETTLEMENT Commission to cease dealing with industrial dispute in certain circumstances 22. DISPUTE PREVENTION AND SETTLEMENT Application to set aside or vary awards 23. DISPUTE PREVENTION AND SETTLEMENT Application for variation of award to give effect to agreement negotiated under enterprise flexibility provision 24. DISPUTE PREVENTION AND SETTLEMENT Application for orders in relation to representation rights of organisations of employees 25. DISPUTE PREVENTION AND SETTLEMENT Application for order to stop or prevent industrial action 26. DISPUTE PREVENTION AND SETTLEMENT Restraining State industrial authorities 27. DISPUTE PREVENTION AND SETTLEMENT Secret ballot 28. DISPUTE PREVENTION AND SETTLEMENT Notification of boycott disputes 29. DISPUTE PREVENTION AND SETTLEMENT Notice to bring action in tort 30. DISPUTE PREVENTION AND SETTLEMENT Reference of dispute to State authority for determination 31. DISPUTE PREVENTION AND SETTLEMENT Application for cancellation or suspension of award 32. DISPUTE PREVENTION AND SETTLEMENT Register of Findings of Industrial Dispute 33. MINIMUM ENTITLEMENTS OF EMPLOYEES Application for order requiring equal remuneration for work of equal value 34. MINIMUM ENTITLEMENTS OF EMPLOYEES Application for employment termination order creating rules of general application 35. MINIMUM ENTITLEMENTS OF EMPLOYEES Orders by Commission if employer fails to consult trade union about terminations 36. MINIMUM ENTITLEMENTS OF EMPLOYEES Register of orders made under Part VIA of the Act-Minimum Entitlements of Employees 37. TERMINATION OF EMPLOYMENT Form of application under section 170CE of the Act 38. TERMINATION OF EMPLOYMENT Notice of employer's appearance 39. TERMINATION OF EMPLOYMENT Notice of representative's appearance 40. TERMINATION OF EMPLOYMENT Role of representative 41. TERMINATION OF EMPLOYMENT Notice of conciliation, arbitration or related proceeding 42. TERMINATION OF EMPLOYMENT Settlement by conciliation 43. TERMINATION OF EMPLOYMENT Discontinuance of matter 44. TERMINATION OF EMPLOYMENT Issue of certificate under subsection 170CF (2) of the Act 45. TERMINATION OF EMPLOYMENT Election to proceed to arbitration or to begin court proceedings 46. TERMINATION OF EMPLOYMENT Reasons for decision 47. TERMINATION OF EMPLOYMENT Costs 48. CERTIFIED AGREEMENTS Application for certification of agreement between constitutional corporation, or the Commonwealth, and organisation of employees (section 170LJ or 170LL of the Act) 49. CERTIFIED AGREEMENTS Application for certification of agreement between constitutional corporation, or the Commonwealth, and employees (section 170LK of the Act) 50. CERTIFIED AGREEMENTS Application for certification of agreement about industrial disputes and industrial situations (section 170LS of the Act) 51. CERTIFIED AGREEMENTS Application for certification of multiple-business agreement (section 170LC of the Act) 52. CERTIFIED AGREEMENTS Extension of certified agreements 53. CERTIFIED AGREEMENTS Variation of certified agreement on application of employer or organisation 54. CERTIFIED AGREEMENTS Variation of certified agreement on application of person bound by the agreement 55. CERTIFIED AGREEMENTS Termination of certified agreement at any time 56. CERTIFIED AGREEMENTS Termination of certified agreement in public interest after nominal expiry date 57. CERTIFIED AGREEMENTS Termination of agreement in a way provided under agreement after nominal expiry date 58. CERTIFIED AGREEMENTS Notice of initiation of bargaining period 59. CERTIFIED AGREEMENTS Notice to Registrar of authorisation to engage in industrial action 60. CERTIFIED AGREEMENTS Application to suspend or terminate bargaining period 61. CERTIFIED AGREEMENTS Application for revocation of an award made under section 170MX of the Act 62. CERTIFIED AGREEMENTS Request for Commission to terminate award made under section 170MX 63. CERTIFIED AGREEMENTS Application for the Commission to determine designated award for the purposes of certified agreement 64. MISCELLANEOUS Summons to witness 65. MISCELLANEOUS Variation of common rule-prescribed time 66. MISCELLANEOUS Notice to Commission under dispute settling procedure in agreement 67. MISCELLANEOUS Application to remove objectionable provision 68. MISCELLANEOUS Application for minimum wage order for certain Victorian employees 69. MISCELLANEOUS Settlement of award or order 70. MISCELLANEOUS Documents 71. MISCELLANEOUS Name and address of party 72. MISCELLANEOUS Service of documents 73. MISCELLANEOUS Directions as to service 74. MISCELLANEOUS Requirement to fix time and place for hearing 75. MISCELLANEOUS Referral of disagreement concerning manner of establishing or varying a designated work group 76. MISCELLANEOUS Appeals to Commission 77. MISCELLANEOUS Approved forms 78. MISCELLANEOUS Repeal of the Rules of the Australian Industrial Relations Commission 79. MISCELLANEOUS Transitional provision SCHEDULE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 1 PRELIMINARY 1. Citation These Rules may be cited as the Australian Industrial Relations Commission Rules 1998. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 2 PRELIMINARY 2. Commencement These Rules commence on 2 February 1998. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 3 PRELIMINARY 3. Interpretation 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; "Regulations" means the Workplace Relations Regulations. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 4 PRELIMINARY 4. Seals of Commission (1) The seal mentioned in subsection 47 (1) of the Act must be: (a) in the form represented below; and (GRAPHIC OMITTED - SEE PRINTED COPY) (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 5 PRELIMINARY 5. Forms (1) Subject to subrule (3), a form in the Schedule must be used if it is applicable. (2) An application for which no form is provided in the 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 6 PRELIMINARY 6. Relief from Rules The Commission may dispense with compliance with any of the requirements of these Rules before or after the occasion for compliance arises. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 7 PRELIMINARY 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 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 RULES 1998 No. 1 - REG 8 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 9 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION 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 38 of the Act, 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 10 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION 10. Delegation by President 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 11 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION 11. Appeals to Full Bench (1) An appeal to a Full Bench under section 45 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; and (c) each document that was an exhibit in the proceedings; 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 RELATIONS COMMISSION RULES 1998 No. 1 - REG 12 AUSTRALIAN INDUSTRIAL REGISTRY 12. References by Registrar 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 13 AUSTRALIAN INDUSTRIAL REGISTRY 13. Appeals from Registrar (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 14 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 15 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 16 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 17 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 18 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 19 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 20 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 21 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 22 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 23 DISPUTE PREVENTION AND SETTLEMENT 23. Application for variation of award to give effect to agreement negotiated under enterprise flexibility provision (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 24 DISPUTE PREVENTION AND SETTLEMENT 24. Application for orders in relation to representation rights of organisations of employees (1) An application under section 118A of the Act 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 25 DISPUTE PREVENTION AND SETTLEMENT 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 person bound by the award or certified agreement who is directly affected, or likely to be directly affected, by the industrial action. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 26 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 27 DISPUTE PREVENTION AND SETTLEMENT 27. Secret ballot An application under section 136 of the Act must be in writing and signed by the members seeking a secret ballot. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 28 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 29 DISPUTE PREVENTION AND SETTLEMENT 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 mentioned in that notice. (3) As soon as practicable 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; and (c) the Registrar must send to the notifier and to each organisation of employees mentioned in the notice: (i) a copy of the notice endorsed in accordance with paragraph (a); and (ii) a notice of the time and place fixed by the Commission 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 30 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 31 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 32 DISPUTE PREVENTION AND SETTLEMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 33 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 34 MINIMUM ENTITLEMENTS OF EMPLOYEES 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 35 MINIMUM ENTITLEMENTS OF EMPLOYEES 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 36 MINIMUM ENTITLEMENTS OF EMPLOYEES 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 37 TERMINATION OF EMPLOYMENT 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 regulation 30BD, 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 it would be unfair for the Commission not to accept the application. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 38 TERMINATION OF EMPLOYMENT 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 must be filed before the end of 7 days after service of the application on the employer by the Registry, and may be filed personally or by post or facsimile transmission. (3) After filing a notice of appearance, 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. (4) If a Registrar is able, the Registrar must give a copy of the employer's notice of appearance 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 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 39 TERMINATION OF EMPLOYMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 40 TERMINATION OF EMPLOYMENT 40. Role of representative (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 41 TERMINATION OF EMPLOYMENT 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 42 TERMINATION OF EMPLOYMENT 42. Settlement by conciliation 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 43 TERMINATION OF EMPLOYMENT 43. Discontinuance of matter (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. (4) If an applicant does not attend a conciliation, arbitration or related proceeding under Subdivision B of Division 3 of Part VIA of the Act, the Commission, after giving the applicant a reasonable opportunity to be heard, may deem the matter to have been discontinued by the applicant. (5) Any matter deemed to be discontinued under subrule (4) may be restored for conciliation, arbitration or related proceeding, as the case may be, only by application to a Presidential Member. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 44 TERMINATION OF EMPLOYMENT 44. Issue of certificate under subsection 170CF (2) of the Act (1) A certificate under paragraph 170CF (2) (a) 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 paragraph 170CF (2) (a) 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 45 TERMINATION OF EMPLOYMENT 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 paragraph 170CF (2) (a) 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 46 TERMINATION OF EMPLOYMENT 46. Reasons for decision (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 47 TERMINATION OF EMPLOYMENT 47. Costs (1) An application for an order for costs under section 170CJ of the Act may be: (a) made at the conclusion of proceedings before the Commission; and (b) in accordance with Form R26. (2) An application not made at the conclusion of proceedings before the Commission must be: (a) in accordance with Form R26; and (b) lodged in the Industrial Registry before the end of 14 days after the determination or discontinuance of the proceedings before the Commission. (3) Costs are in the discretion of the Commission. (4) The Commission may order costs to be taxed or otherwise ascertained on a party and party basis or on any other basis. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 48 CERTIFIED AGREEMENTS 48. Application for certification of agreement between constitutional corporation, or the Commonwealth, and organisation of employees (section 170LJ or 170LL 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 49 CERTIFIED AGREEMENTS 49. Application for certification of agreement between constitutional corporation, or the Commonwealth, and employees (section 170LK 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 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. (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; (c) any organisation of employees that has notified the employer (or, if subsection 170LB (2) of the Act applies, each employer or corporation, as the case requires) in writing that it wants to be bound by the agreement. (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), (b) and (c); and (b) any other interested person, if the Commission so directs. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 50 CERTIFIED AGREEMENTS 50. Application for certification of agreement about industrial disputes and industrial situations (section 170LS of the Act) (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 51 CERTIFIED AGREEMENTS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 52 CERTIFIED AGREEMENTS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 53 CERTIFIED AGREEMENTS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 54 CERTIFIED AGREEMENTS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 55 CERTIFIED AGREEMENTS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 56 CERTIFIED AGREEMENTS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 57 CERTIFIED AGREEMENTS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 58 CERTIFIED AGREEMENTS 58. Notice of initiation of bargaining period (1) A notice to the Commission, under subsection 170MI (2) of the Act, initiating a bargaining period must be in accordance with Form R40. (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 59 CERTIFIED AGREEMENTS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 60 CERTIFIED AGREEMENTS 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. (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 61 CERTIFIED AGREEMENTS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 62 CERTIFIED AGREEMENTS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 63 CERTIFIED AGREEMENTS 63. Application for the Commission to determine designated award for the purposes of certified agreement (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 64 MISCELLANEOUS 64. Summons to witness (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 65 MISCELLANEOUS 65. Variation of common rule-prescribed time For subsection 142 (8) of the Act, the period prescribed is 28 days. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 66 MISCELLANEOUS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 67 MISCELLANEOUS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 68 MISCELLANEOUS 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) such other persons, if the Commission so 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 69 MISCELLANEOUS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 70 MISCELLANEOUS 70. Documents (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 71 MISCELLANEOUS 71. Name and address of party 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 72 MISCELLANEOUS 72. Service of documents (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 73 MISCELLANEOUS 73. Directions as to service (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 74 MISCELLANEOUS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 75 MISCELLANEOUS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 76 MISCELLANEOUS 76. Appeals to Commission (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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 77 MISCELLANEOUS 77. Approved forms 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 Column 1 Item Column 2 Provision Column 3 Name of form Column 4 Number of form 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 8 Paragraph 33 (1) (a) Application by an association of employers for registration as an organisation R62 9 Paragraph 33 (1) (a) Application by an association of employees (other than an enterprise association) for registration as an organisation R63 10 Paragraph 33 (1) (a) Application by an enterprise association of employees for registration as an organisation R64 11 Regulation 39 Application for leave to change name*/and to alter rules* R65 12 Paragraph 48 (1) (a) Application for consent to the change of name of an organisation R66 13 Paragraph 48 (1) (b) Application for consent to the alteration of eligibility rules of an organisation R67 14 Subregulation 99 (1) Application for certificate under section 267 R68 15 Subregulation 100 (2) Application for renewal of certificate under section 267 R69 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 78 MISCELLANEOUS 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 79 MISCELLANEOUS 79. Transitional provision 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. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - SCHEDULE SCHEDULE FORM R1 Rule 11 Workplace Relations Act 1996 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION NOTICE OF APPEAL UNDER REGON 45 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 19 . [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) 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 19 . [Signature of applicant] FORM R2 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 19 . [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) of the Act. FORM R3 Rule 13 Workplace Relations Act 1996 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION NOTICE OF APPEAL UNDER REGON 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 19 . [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 19 . [Signature of appellant] FORM R4 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 19 . [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 Rule 16 Workplace Relations Act 1996 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION INFORMATION SHEET This information sheet is, under the rules of the Australian Industrial Relations Commission (the Commission), provided for the information of employers served with demands by unions. It is not intended to be comprehensive. The matters referred to in this information sheet are governed by the Commonwealth Workplace Relations Act 1996 and the regulations and rules made under it. Employers seeking further information or wanting advice should consult their industrial relations, legal or other advisers. 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 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. Employers served with the demand will be advised of the time and place of 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. You are not obliged to be represented at the hearing. However, if you are not represented, the hearing will normally go ahead in your absence and determinations may be made contrary to your interests. Whether you should be represented at the hearing is a matter about which you may wish to consult your advisers. If the Commission finds that an industrial dispute exists between a union and employers, the union may seek the making of an agreement or an award in settlement (or part settlement) of the dispute. Under the Workplace Relations Act an award may bind, among others, employers who do not satisfy the Commission that they are not parties to the industrial dispute (s 149 (1) (c)). FORM R6 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 19 . [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 19 . [Signature] Member of Commission [or Registrar] FORM R7 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 19 . [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 Rule 24 Workplace Relations Act 1996 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION APPLICATION FOR AN ORDER UNDER REGON 118A IN RELATION TO REPRESENTATION RIGHTS OF ORGANISATIONS 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 19 . [Signature of applicant] FORM R9 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: . the industrial action which is happening, or is threatened, impending or probable; and . where the applicant is a person directly affected, or likely to be directly affected, by the industrial action (other than a party to the industrial dispute (if any))Ñhow the applicant is so affected or likely to be affected; and . where the industrial action relates to work regulated by an award or certified agreementÑthe title of the award or certified agreement and the organisations and persons bound by the award or agreement who are directly affected or likely to be directly affected by the industrial action .] Dated 19 . [Signature of applicant] To: *parties to the abovementioned industrial dispute *negotiating parties to the abovementioned negotiation or proposed negotiation *organisations and persons bound by the abovementioned award or agreement who are directly affected or likely to be directly affected by the industrial action 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 19 . [Signature] Member of Commission [or Registrar] * Omit whichever is inapplicable. FORM R10 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 19 . [Signature of notifier] * Omit if inapplicable. FORM R11 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 19 . [Signature of notifier] * Omit if inapplicable. FORM R12 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 19 . [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 19 . [Signature] Member of Commission [or Registrar] FORM R13 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 19 . [Signature of applicant] * Omit if inapplicable. FORM R14 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 givenÐ (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 FORM R15 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 19 . [Signature of applicant] * Omit if inapplicable. FORM R16 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 givenÐ (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 19 . [Signature] Registrar * Omit if inapplicable. FORM R17 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 19 . [Signature of applicant] FORM R18 Rule 37 Australian Industrial Relations Commission Commission use only Application for relief in respect of file termination of employment number Workplace Relations Act 1996 (Cth) date received Subsection 170CE (1) In making this claim you (the applicant) should be aware that: . specified categories of employees are excluded from making a claim under the Termination of Employment provisions of the Workplace Relations Act 1996. . an application lodged more than 21 days after the day on which the termination took effect can only be accepted if the Commission decides it would be unfair not to do so . section 170CJ of the Workplace Relations Act 1996 allows, in certain circumstances, the Commission to make an order for costs . Regulation 30BD requires a fee of $50 to be paid on lodgment of this application in the Commission unless a Registrar has approved the waiving of the fee. The $50 lodgment fee is refundable under certain circumstances Details in relation to these matters are available from the Industrial Registry. Details of Employee (the applicant) Mr Mrs Ms Family name given names 1 full name 2 home address postcode 3 phone (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 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 first worked / / 11 last date worked / / 12 date termination / / [State the date when you think of employment took the termination of employment took effect effect if the date is different to the date last worked] Did you receive written notice of termination/ separation certificate? No Yes I attach a copy 13 Other employment State the name of the award or agreement details (if known) (including Australian Workplace Agreement) under which you were employed immediately prior to the termination State whether the award or agreement is State or Federal Federal State If State, name of State Extension of Time 14 This section to be completed if the application is lodged more than 21 days after the day on which the termination took effect. (see Item 12 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 your representative or union 15 Is anyone representing you? No go to 19 Yes go to 16 16 name of legal firm, union or other representative 17 contact name at legal firm, union or other representative 18 address of legal firm, union or other representative postcode phone ( ) fax ( ) Notices from the Commission 19 Where do you want address in 2 solicitor or union other notices from the in 18 give details Commission sent? (choose one only) Grounds for application 20 Grounds upon Identify the ground or grounds under subsection which this 170CE (1) of the Workplace Relations Act 1996 application upon which this application is basedÑ is based (a) on the ground that the termination was harsh, unjust or unreasonable; and/ or (b) on the ground of an alleged contravention ofÑ section 170CK (discrimination or other prohibited reasons); and/ or section 170CL (failure to notify the CES of redundancies); and/ or section 170CM (failure to give statutory notice); and/ or section 170CN (failure to comply with a section 170FA order) Relief Sought 21 What are reinstatement an amount in respect of otherÑgive you seeking? the remuneration lost, details or likely to have been lost, by you, because of the termination 22 Brief summary of reasons given for termination (or attached) Declaration I declare that no proceedings in respect of the termination that is the subject of this claim have been commenced (other than proceedings that have since been discontinued or failed for want of jurisdiction) by me or on my behalf under any other provision of the Workplace Relations Act 1996 or under any other law of the Commonwealth or of a State or Territory. 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 (signature of employee) this declaration unless a solicitor, union or other representative has prepared the application. (date) / / signature of solicitor, union or other representative (date) / / see next page for lodgment fee details U No _____________________________ FEE [Regulation 30BD 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: For all enquiries in .............................. please contact the ............................... Registry ...................................................................... ................................ Phone: (...) ..................... Fax: (...) ............................. [NoteÑA copy of this completed form (and any attachments) will be forwarded to your former employer] FORM R19 Rule 37 Australian Industrial Relations Commission Commission use only Application for relief in respect of file termination of employment number Workplace Relations Act 1996 (Cth) date received Subsection 170CE (2) or (4) 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 Commonwealth Employment Service a written notice of the intended terminations that set 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: . specified categories of employees are excluded from making a claim under the Termination of Employment provisions of the Workplace Relations Act 1996. . an application lodged more than 21 days after the day on which the employee is given notice of the decision to terminate the employee's employment can only be accepted if the Commission decides it would be unfair not to do so. . section 170CJ of the Workplace Relations Act 1996 allows, in certain circumstances, the Commission to make an order for costs . Regulation 30BD requires a fee of $50 to be paid on lodgment of this application in the Commission unless a Registrar has approved the waiving of the fee. The $50 lodgment fee is refundable under certain circumstances 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 No go to 11 on your behalf Yes go to 9 9 name and address of union Postcode 10 union contact person phone ( ) fax ( ) Details of representative 11 Is anyone representing No go to 15 Yes go to 12 you? 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 address in 5 union in 9 other in 12 notices from the give details Commission sent? (choose one only) Declaration I declare that no proceedings in respect of the termination that is the subject of this claim have been commenced (other than proceedings that have since been discontinued or failed for want of jurisdiction) in respect of or on behalf of the employee under any other provision of the Workplace Relations Act 1996 or under any other law of the Commonwealth or of a State or Territory. 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 Signature of employee this declaration* date / / If a solicitor or authorised Signature of solicitor representative has prepared the or representative application, that person must sign here date / / If a union or an inspector is Signature for union or inspector applying on behalf of the date / / employee, a union representative Name (print) or the inspector, as the case position may be, must sign here U No _____________________________ FEE [Regulation 30BD 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 Rule 37 Australian Industrial Relations Commission Commission use only Application for relief in respect of file number termination of employment Workplace Relations Act 1996 (Cth) date received Subsection 170CE (3) 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: . specified categories of employees are excluded from making a claim under the Termination of Employment provisions of the Workplace Relations Act 1996. . section 170CJ of the Workplace Relations Act 1996 allows, in certain circumstances, the Commission to make an order for costs . Regulation 30BD requires a fee of $50 to be paid on lodgment of this application in the Commission unless a Registrar has approved the waiving of the fee. The $50 lodgment fee is refundable under certain circumstances Details in relation to these matters are available from the Industrial Registry. Application is made byÑ Name of union making application address of union postcode phone ( ) fax ( ) union contact person for notices from the Commission 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 basedÑ on the ground or grounds of an alleged contravention of one or more ofÑ 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 reinstatement compensation otherÑgive relief being sought 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 [Regulation 30BD 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 Rule 38 Australian Industrial Relations Commission Commission use only Application in respect of termination of Date received employmentÑNotice of Employer's Appearance Workplace Relations Act 1996 (Cth) Section 170CE 1 File number as on application 2 Employee's full name as on Family name Given names application Details of employer named on the application 3 Full name 4 Has the employee given your Yes No ÑIt is as in (3) name correctly? 5 Address Postcode 6 Contact person's name Family name Given names Phone ( ) Fax ( ) 7 Are you the true employer? Yes No ÑWho is? Give details 8 Name of the award or agreement (including the Australian Workplace Agreement) under which the employee was employed immediately prior to the termination Is the award or agreement State or Federal? Federal State If State, name of State 9 Are you a Company ACN Government authority Partnership Sole trader Cooperative Club Other ÑSpecify Details of representative 10 Is anyone representing you? No go to 14 YesÑsolicitor, employer organisation or other representative 11 Name of solicitor's firm, employer organisation or other representative 12 Address Postcode 13 Contact person Phone ( ) Fax ( ) Address for notices 14 Where do you want notices Address in 5-6 or from the Commission sent? Address in 11-13 (Choose one only) Reasons for termination 15 Brief summary of reason/s (or attached) given for termination Jurisdictional objection (if applicable) 16 Are there any grounds on which you believe the Commission does not have jurisdiction to hear this application? If so, please indicate whether you intend to object to the Commission hearing the application. I object to the Commission hearing the application on jurisdictional grounds * and wish to be heard and object to conciliation before determination of this jurisdictional issue; OR ( * some of the jurisdictional issues are set out on the foot of this form for your assistance) I object to the Commission hearing the application on jurisdictional grounds and wish to be heard but do not object to conciliation before determination of this jurisdictional issue; OR I do not object to the Commission hearing the application and do not wish to be heard on this aspect of the application. (Tick whichever is applicable) Late lodgment (if applicable) 17 If the application by your former employee has been 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. Subsection 170CE (8) of the Workplace Relations Act 1996 provides that the Commission may accept an application that is lodged out of time if the Commission considers that it would be unfair not to do so. If the application by your former employee (a copy of which has been provided to you) has been lodged out of time, please indicate whether you intend to object to the Commission extending the time for lodgment. I object to extension of time and wish to be heard and object to conciliation before determination of the application to extend time; OR I object to extension of time and wish to be heard but do not object to conciliation before determination of the extension; OR I do not object to extension of time and do not wish to be heard on this aspect of the application. (Tick whichever is applicable) Declaration I declare that all the facts in this notice are correct and complete to the best of my knowledge If a solicitor, employer organisation Signature of employer, or other representative has prepared solicitor, employer the application, that person must organisation or other sign here representative NOTE: THIS FORM MUST BE FILED WITH Date / / THE INDUSTRIAL REGISTRY WITHIN 7 Name (print) DAYS OF RECEIPT AND A COPY MUST BE Position IMMEDIATELY GIVEN TO THE APPLICANT, Employer Solicitor PERSONALLY, BY POST OR FACSIMILE Employer organisation TRANSMISSION. Other If you are objecting to the application on jurisdictional grounds please indicate the basis of your objection if the particular ground/s are set out hereunder: the employee is not covered by a federal award or agreement ** the employer is not a constitutional corporation ** the employee was employed on a fixed term contract the employee was a casual who was employed for a short period (as per reg 30B(3)) the employee was serving a period of probation or a qualifying period the employee was a trainee employed under an approved traineeship the employee was not covered by an award and his/her remuneration exceeded the specified rate (see accompanying information sheet for the specified rate) ** May only be a relevant jurisdictional objection in NSW, Qld, W.A., S.A. and Tasmania FORM R22 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 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. Signature of Solicitor or Representative............................................. 6. Date of this Notice .......................................... * Omit whichever is inapplicable. NOTE: A COPY OF THIS NOTICE MUST BE IMMEDIATELY GIVEN TO THE OTHER PARTY AT HIS OR HER ADDRESS FOR SERVICE EITHER PERSONALLY, BY POST OR FACSIMILE TRANSMISSION. FORM R23 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: Date Received: FORM R24 Rule 44 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 170CF ISSUE OF CERTIFICATE (U No ..............................................) [Member] [Place and date] CERTIFICATE 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 so far as concerns* [Insert reference to the particular subsection(s) of the Act which identify the ground or grounds where conciliation is, or is likely to be, unsuccessful]. An assessment of the merits has been indicated to the parties in the following terms: [Set out terms of assessment] * an application under section 170CE of the Act can be based on the ground or grounds: . that the termination was harsh, unjust or unreasonable . of an alleged contravention of section 170CK of the Act . of an alleged contravention of section 170CL of the Act . of an alleged contravention of section 170CM of the Act . of an alleged contravention of section 170CN of the Act (The Commission recommends that the applicant not pursue [Insert ground or grounds it is recommended not be pursued]) BY THE COMMISSION: [Signature of member] Member's Title NOTE: The applicant has seven days within which to lodge a notice of election. FORM R25 Rule 45 Australian Industrial Relations Commission Commission use only Workplace Relations Act 1996 (Cth) Date Received: NOTICE OF ELECTION TO PROCEED TO ARBITRATION OR TO BEGIN COURT PROCEEDINGS UNDER SUBREGON 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 ý 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 170CMÐto 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 170CMÐ 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 Rule 47 Workplace Relations Act 1996 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION APPLICATION FOR ORDER FOR COSTS UNDER REGON 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 19 . [Signature of applicant] FORM R27 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) (REGON 170LJ OR 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 19 . [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. FORM R28 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 (AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND AN ORGANISATION OR ORGANISATIONS OF EMPLOYEES) (REGON 170LJ OR 170LL) 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: . an original of the written agreement signed by the parties to the agreement, . three copies for the use of the Industrial Registry, and . sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission. Answer all questions as directed. If the space provided is insufficient, attach a separate sheet clearly marked with the relevant part 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 application This application is made under Division 2 (Making agreements with constitutional corporations or the Commonwealth) of Part VIB of the Act. Part 2: About the business 2.1 What is the single business or part of a single business covered by the agreement? ...................................................................... 2.2 Name of business or place of work that is the single business covered by this agreement ...................................................................... 2.3 Address of the place of work, or at which the business is carried out ...................................................................... 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? YES / NO (If YES, proceed to Part 3) 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 3: About the Employer(s) 3.1 Full name of employer(s) ...................................................................... ........................................ 3.2 Please include trading name(s) (if any) ...................................................................... 3.3 Full address ...................................................................... .........................................................POSTCODE..... 3.4 Is/are the employer(s) either a constitutional corporation or the Commonwealth? YES / NO If YES, specify the information below and then proceed to 3.8: Employer’s Name Specify A.C.N. Number or source of corporate status (or if employer is the Commonwealth, source of Commonwealth status) .................... ............................................ .................... ............................................ .................... ............................................ 3.5 Is the agreement 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)) YES / NO (If YES, proceed to question 3.8) 3.6 Does the agreement pertain to a relationship between: (a) a waterside employer and waterside workers employed in a single business or part of a single business of the waterside employer; or (b) an employer and maritime employees employed in a single business or part of a single business of the employer; or (c) a flight crew officers' employer and flight crew officers performing duties or being trained in a single business or part of a single business of the employer; so far as the matters relate to trade or commerce: (d) between Australia and a place outside Australia; or (e) between the States; or (f) within a Territory, between a State and a Territory, or between 2 Territories? (see s 5AA (3)) YES / NO (If NO, proceed to 3.7) If YES, does the relationship fall into: category (a), (b) and/or (c): .......................; and category (d), (e) and/or (f): ....................... 3.7 Is the agreement 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)) YES / NO Greenfields Agreement 3.8 Does the agreement apply only to a new business that the employer proposes to establish, or is establishing, and in which no one is yet employed who will be subject to the agreement? YES / NO (If NO, proceed to Part 4) If YES, when the agreement was made was each organisation of employees which is a party to the agreement entitled to represent the industrial interests of one or more of the persons, whose employment is likely to be subject to the agreement, in relation to work that will be subject to the agreement? YES / NO (If YES, proceed to Part 4) If NO, specify the organisation(s) that were not so entitled: ...................................................................... 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 ...................................................................... Part 5: Involvement of Employee Organisations 5.1 In relation to each organisation of employees party to the agreement: 5.1.1 does each organisation have at least 1 member employed in the single business or part of the single business whose employment will be subject to the agreement? (see s 170LJ (1) (a)) (proceed to 5.1.2 if agreement is a Greenfields Agreement) YES / NO If NO, specify the organisation(s) which do not have at least 1 such member: ...................................................................... 5.1.2 is each organisation 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 (Proceed to Part 7 if the agreement is a Greenfields Agreement) 6.1 Was the agreement 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)) YES / NO If YES: (i) 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)) ...................................................................... .................................and; (ii) did either: * a majority of such employees, or * where a decision was made by vote, a majority of such employees who cast a valid vote decide or genuinely decide that they want to approve the agreement? (see s 170LE (d)) YES / NO 6.2 On what date was the agreement approved by a valid majority of employees or (where the agreement is a greenfields agreement under s 170LL) made? [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: ..................................................................... 6.4 Does the agreement cover employees who are described in 6.5 below? (see s 170LT (7)) YES / NO (If NO, proceed to 6.6) 6.5 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? ..................... 6.6 At least 14 days before any approval was given, did the employer take reasonable steps 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 agreement in writing? (see s 170LR (2) (a)) YES / NO If YES, specify the steps taken: ...................................................................... 6.7 Before approval was given, were reasonable steps taken by the employer to explain the terms of the agreement to employees subject to it? (see s 170LR (2) (b)) YES/NO If YES, please specify the steps taken ...................................................................... 6.8 Did the explanation of the terms of the agreement to the persons subject to it take 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)) YES/NO If YES, please state the ways used ...................................................................... Part 7: About the Agreement 7.1 Are the terms and conditions of employment of employees covered by the agreement regulated by relevant award(s) that is, award(s) (including State award(s)), which: (a) regulate 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) YES / NO If YES, specify the award(s) ...................................................................... If NO, has application 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? YES / NO If YES, specify the designated award(s): ...................................................................... and attach a copy of the Commission's determination 7.2 Would certification result, on balance, in a reduction in the overall terms and conditions of employment of employees covered by the agreement under relevant or designated awards or laws of the Commonwealth, a State or Territory? (see s 170XA (2)) YES / NO 7.3 Please identify, by referring to specific clauses in the agreement, any reductions in terms and conditions of employees under any relevant or designated award or other law (see s 170XA) (If there are no reductions proceed to 7.6.) ...................................................................... 7.4 Please identify, by referring to specific clauses in the agreement, any terms and conditions which result, on balance, in there being no reduction in the overall terms and conditions of employment of the employees under the agreement. (see s 170XA) ...................................................................... 7.5 Where there has, on balance, been a reduction in overall terms and conditions of employment, indicate any grounds on which the Commission should be satisfied that certifying the agreement is not contrary to the public interest (see s 170LT (2) and (3)) ...................................................................... 7.6 Does the agreement include 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)) YES/NO If YES, Clause ................................................ 7.7 Does the agreement specify a date as the nominal expiry date that is not more than 3 years after the date on which the agreement will come into operation? (see s 170LT (10)) YES/NO If YES, what is the date specified? ......................... Clause ............... 7.8 Has the agreement ended a bargaining period? (see s 170MV (a)) YES/NO If YES, state the bargaining case number(s) of the bargaining period(s) ended: C No ____________________of _________ SIGNATURE And 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] _______________________________________________________ For each organisation of employees that is party to the agreement, include the following: Contact person for receipt of hearing details concerning application (someone authorised by the organisation to speak about the agreement on behalf of the organisation): Full name: ...................................................................... Position: ...................................................................... Address of contact person: ...................................................................... ....................................................POSTCODE ......... Telephone number (business hours): ( ) ......................................... Facsimile number: ( ) ........................................ FORM R29 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) (REGON 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 19 . [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. FORM R30 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 (AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND EMPLOYEES) (REGON 170LK) 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. A statutory declaration is required in respect of each employer. Where the agreement was negotiated with an employee acting on his or her own behalf and on behalf of other employees, that employee should also complete a statutory declaration. The application must be accompanied by: . an original of the written agreement signed by the parties to the agreement, . three copies for the use of the Industrial Registry, and . sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission. Answer all questions as directed. If the space provided is insufficient, attach a separate sheet clearly marked with the relevant part 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 application This application is made under Division 2 (Making agreements with constitutional corporations or the Commonwealth) of Part VIB of the Act. Part 2: About the business 2.1 What is the single business or part of the single business covered by the agreement? ...................................................................... 2.2 Name of business or place of work that is the single business covered by this agreement ...................................................................... 2.3 Address of the place of work, or at which the business is carried out ...................................................................... 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? YES / NO (If YES, proceed to Part 3) 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 3: About the Employer(s) 3.1. Full name of employer(s) ...................................................................... 3.2. Please include trading name(s) (if any) ...................................................................... 3.3. Full address ...................................................................... ...................................................................... ..........................................POSTCODE............... 3.4 Is/are the employer(s) either a constitutional corporation or the Commonwealth? YES / NO If YES, specify the information below and then proceed to Part 4: Employer’s Name Specify A.C.N. Number or source of corporate status (or if employer is the Commonwealth, source of Commonwealth status) ................. ........................................... ................. ........................................... 3.5 Is the agreement 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)) YES / NO (If YES, proceed to Part 4) 3.6 Does the agreement pertain to a relationship between: (a) a waterside employer and waterside workers employed in a single business or part of a single business of the waterside employer; or (b) an employer and maritime employees employed in a single business or part of a single business of the employer; or (c) a flight crew officers' employer and flight crew officers performing duties or being trained in a single business or part of a single business of the employer; so far as the matters relate to trade or commerce: (d) between Australia and a place outside Australia; or (e) between the States; or (f) within a Territory, between a State and a Territory, or between 2 Territories? (see s 5AA (3)) YES / NO (If NO, proceed to 3.7) If YES, does the relationship fall into: category (a), (b) and/or (c): .......................; and category (d), (e) and/or (f): ....................... 3.7 Is the agreement 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 employer in the single business or part? (see s 494 (2)) YES / NO Part 4: Involvement of Employees/Employee Organisations 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 NO, proceed to Part 5) If YES, please identify the organisation(s) of employees which have given notification: ..................................................................... 4.3 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? (see s 170M (3) (d)) YES / NO If NO, please identify the organisation(s) which do not meet these criteria: ...................................................................... Part 5: About the Employees 5.1 Was the agreement genuinely made with a valid majority of persons employed at the time whose employment will be the subject of the agreement? (see ss 170LE, 170LK (1) and 170LT (6)) YES / NO If YES: (i) 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 make the agreement: (see s 170LE (c)) ...................................................................... .................................and; (ii) did either: * a majority of such employees, or * where a decision was made by vote, a majority of such employees who cast a valid vote decide or genuinely decide that they want to make the agreement? (see s 170LE (d)) YES / NO 5.2. On what date was the agreement made? [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: .................................................................. 5.4 Does the agreement cover employees who are described in 5.5 below? (see s 170LT (7)) YES / NO (If NO, proceed to 5.6) 5.5 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? ................ 5.6 Did the employer take reasonable steps to ensure that every person employed at the time whose employment will be subject to the agreement have at least 14 days’ notice, in writing, of intention to make the agreement? (see s 170LK (2)) [Note: the agreement must not be made before those 14 days have passed] YES / NO If YES, specify the steps taken (including the date written notice was provided by the employer of its intention to make the agreement) ...................................................................... 5.7 At or before the time the notice was given, did the employer take reasonable steps 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 agreement in writing? (see s 170LK (3)) YES / NO If YES, specify the steps taken: ...................................................................... 5.8 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 5.9 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: ...................................................................... 5.10 Before agreement was made, were reasonable steps taken by the employer to explain the terms of the agreement to employees subject to it? (see s 170LK (7)) YES / NO If YES, please specify the steps taken ...................................................................... 5.11 Did the explanation of the terms of the agreement to the persons subject to it take 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)) YES / NO If YES, please state the ways used ...................................................................... 5.12.1 Was the proposed agreement so varied for any reason after the notice referred to in 5.6 above was given? (see s 170LK (8)) YES / NO (If NO, proceed to Part 6) 5.12.2 Each time the agreement was varied were the steps referred to in 5.6, 5.7, 5.9 and 5.10 taken again in relation to the proposed agreement as varied? (see s 170LK (8)) YES / NO (If YES, proceed to 5.12.3) If NO, specify which steps referred to in 5.6, 5.7, 5.9, and 5.10 were not taken again: ...................................................................... 5.12.3 On what date(s) was written notice again provided by the employer of its intention to make the agreement as varied? (see s 170LK (8)) Part 6: About the Agreement 6.1 Are the terms and conditions of employment of employees covered by the agreement regulated by relevant award(s) that is, award(s) (including State award(s)), which: (a) regulate 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) YES / NO If YES, specify the award(s) ...................................................................... If NO, has application 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? YES / NO If YES, attach a copy of the application or the Commission's determination (if made) 6.2 Would certification result, on balance, in a reduction in overall terms and conditions of employment of employees covered by the agreement under relevant or designated awards or laws of the Commonwealth, a State or Territory? (see s 170XA (2)) YES / NO 6.3 Please identify, by referring to specific clauses in the agreement, any reductions in terms and conditions of employees under any relevant or designated award or other law (see s 170XA) (If there are no reductions proceed to 6.6.) ...................................................................... 6.4 Please identify, by referring to specific clauses in the agreement, any terms and conditions which result, on balance, in there being no reduction in the overall terms and conditions of employment of the employees under the agreement. (see s 170XA) ...................................................................... ....................................... 6.5 Where there has, on balance, been a reduction in overall terms and conditions of employment, indicate any grounds on which the Commission should be satisfied that certifying the agreement is not contrary to the public interest (see s 170LT (2) and (3)) ...................................................................... 6.6 Does the agreement include 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)) YES / NO If YES, Clause............................................................ 6.7 Does the agreement specify a date as the nominal expiry date that is not more than 3 years after the date on which the agreement will come into operation? (see s 170LT (10)) YES / NO If YES, what is the date specified? ........................... Clause .................... 6.8 Has the agreement ended a bargaining period? (see s 170MV (a)) YES / NO If YES, indicate the bargaining case number(s) of the bargaining period(s) ended: C No _________________________ of _________ SIGNATURE And 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] [insert title of person before whom the declaration is made] For each organisation of employees that has notified the employer that it wants to be bound by the agreement, include the following: Contact person for receipt of hearing details concerning application (someone authorised by the organisation to speak about the agreement on behalf of the organisation): Full name:............................................................ Position:............................................................. Address of contact person: ........................................... .................................POSTCODE............................ Telephone number (business hours): ( ) .............................. Facsimile number: ( ) ............................................... FORM R31 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) (REGON 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 19 . [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. FORM R32 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 (AGREEMENT BETWEEN AN EMPLOYER OR EMPLOYERS AND AN ORGANISATION OR ORGANISATIONS OF EMPLOYEES) (REGON 170LS) 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: . an original of the written agreement signed by the parties to the agreement, . three copies for the use of the Industrial Registry, and . sufficient additional copies to enable the Industrial Registry to provide a copy of the agreement to each party in the event of certification by the Commission. Answer all questions as directed. If the space provided is insufficient, attach a separate sheet clearly marked with the relevant part 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 application This application is made under Division 3 (Making agreements about industrial disputes and industrial situations) of Part VIB of the Act. Part 2: About the business 2.1 What is the single business or part of a single business covered by the agreement? ...................................................................... 2.2 Name of business or place of work that is the single business covered by this agreement ...................................................................... 2.3 Address of the place of work, or at which the business is carried out ...................................................................... 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? YES / NO (If YES, proceed to Part 3) 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 3: About the Employer(s) 3.1. Full name of employer(s) ...................................................................... 3.2. Please include trading name(s) (if any) ...................................................................... 3.3. Full address ...................................................................... .....................................................POSTCODE......... 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 ...................................................................... Part 5: About the Employees 5.1 Was the agreement 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 (1) and 170LT (5)) YES / NO If YES: (i) 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)) ...................................................................... ................................ and; (ii) did either: * a majority of such employees, or * where a decision was made by vote, a majority of such employees who cast a valid vote decide or genuinely decide that they want to approve the agreement? (see s 170LE (d)) YES / NO 5.2 On what date was the agreement 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: ...................................... 5.4 Does the agreement cover employees who are described in 5.5 below? (see s 170LT (7)) YES / NO (If NO, proceed to 5.6) 5.5 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? ............... 5.6 At least 14 days before any approval was given, did the employer take reasonable steps 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 agreement in writing? (see s 170LR (2) (a)) YES / NO If YES, specify the steps taken: ...................................................................... 5.7 Before approval was given, were reasonable steps taken by the employer to explain the terms of the agreement to employees subject to it? (see s 170LR (2) (b)) YES / NO If YES, please specify the steps taken ...................................................................... 5.8 Did the explanation of the terms of the agreement to the persons subject to it take 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)) YES / NO If YES, please state the ways used ...................................................................... Part 6: About the Agreement 6.1 Identify the industrial dispute in settlement, further settlement, maintenance of settlement or prevention of which the agreement is made. (see s 170LN (a)) C No _______________ of ______ OR Identify the facts on which it is asserted that the agreement is between parties to an industrial situation and is for preventing the situation from giving rise to an industrial dispute between them. (see s 170LN (b)) ...................................................................... 6.2 Are the terms and conditions of employment of employees covered by the agreement regulated by relevant award(s) that is, award(s) (including State award(s)), which: (a) regulate 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) YES / NO If YES, specify the award(s) ...................................................................... If NO, has application 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? YES / NO If YES, specify the designated award(s): ...................................................................... and attach a copy of the Commission's determination 6.3 Would certification result, on balance, in a reduction in the overall terms and conditions of employment of employees covered by the agreement under relevant or designated awards or laws of the Commonwealth, a State or Territory? (see s 170XA (2)) YES / NO 6.4 Please identify, by referring to specific clauses in the agreement, any reductions in terms and conditions of employees under any relevant or designated award or other law (If there are no reductions proceed to 6.7). (see s 170XA) ...................................................................... 6.5 Please identify, by referring to specific clauses in the agreement, any terms and conditions which result, on balance, in there being no reduction in the overall terms and conditions of employment of the employees under the agreement. (see s 170XA) ...................................................................... 6.6 Where there has, on balance, been a reduction in overall terms and conditions of employment, indicate any grounds on which the Commission should be satisfied that certifying the agreement is not contrary to the public interest (see s 170LT (2) and (3)) ...................................................................... 6.7 Does the agreement include 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)) YES/NO If YES, Clause ................................................................ 6.8 Does the agreement specify a date as the nominal expiry date of the agreement that is not more than 3 years after the date on which the agreement will come into operation? (see s 170LT (10)) YES / NO If YES, what is the date specified? ................................ Clause ................ 6.9 Has the agreement ended a bargaining period? (see s 170MV (a)) YES/NO If YES, state the bargaining case number(s) of the bargaining period(s) ended: C No _______________________ of _______ SIGNATURE And 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] For each organisation of employees that is party to the agreement, include the following: Contact person for receipt of hearing details concerning application (someone authorised by the organisation to speak about the agreement on behalf of the organisation): Full name:................................................................. Position:............................................................. Address of contact person: ........................................... ...................................................................... .................................POSTCODE ................... Telephone number (business hours): ( ) ............................ Facsimile number: ( ) .......................................... FORM R33 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 19 . 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). FORM R34 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 19 . [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 which establish a basis for the Commission to be satisfied that the requirements of subsection 170MC (3) of the Act are met; 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 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 19 . [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 which establish a basis for the Commission to be satisfied that the requirements of subsection 170MD (2) 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. FORM R36 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 19 . [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 19 . [Signature] Member of Commission [or Registrar] FORM R37 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 19 . [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 which establish a basis for the Commission to be satisfied that the requirements of subsection 170MG (3) of the Act are met; 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. FORM R38 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 19 . [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. FORM R39 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 19 . [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 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 to the Australian Industrial Relations Commission, 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 19 . [Signature of initiating party] * Omit whichever is inapplicable. FORM R41 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 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 19 . [Signature of applicant] FORM R43 Rule 61 Workplace Relations Act 1996 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION APPLICATION FOR REVOCATION OF AN AWARD MADE UNDER REGON 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 19 . [Signature of applicant] FORM R44 Rule 62 Workplace Relations Act 1996 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION REQUEST TO TERMINATE AWARD MADE UNDER REGON 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 19 . [Signature of applicant] FORM R45 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 19 . [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. FORM R46 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 19 . [Signature] Member of Commission [or Registrar] * Omit if inapplicable. FORM R47 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 19 . [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. FORM R48 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 19 . [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 19 . [Signature] Member of Commission [or Registrar] FORM R49 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 19 . [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. FORM R50 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 givenÐ (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 FORM R51 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 19 . [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] FORM R52 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 19 . [Signature of notifier] FORM R53 Rule 76 Occupational Health and Safety (Commonwealth Employment) Act 1991 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION REVIEWING AUTHORITY NOTICE OF APPEAL UNDER REGON 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 39 (1) will as soon as practicable be served on the following persons: [Insert names and addresses of persons required to be served under subrule 39 (6) or (7) as the case may be] Dated 19 . [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 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 19 . [Signature of appellant] FORM R55 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 the [Territory] 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 19 . [Signature of applicant] * Omit whichever is inapplicable. FORM R56 Regulation 16 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 the [Territory] 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]. If you desire to be heard on the hearing of the application, notice to that effect must be given to the Commission. 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 19 . [Signature] Registrar * Omit whichever is inapplicable. FORM R57 Regulation 18 Workplace Relations Act 1996 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION NOTICE OF APPEARANCE TO OBJECT TO AN APPLICATION FOR COMMON RULE 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 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. The objection relates to the following matters: [Set out in numbered paragraphs the terms objected to and the grounds of objection.] Dated 19 . [Signature of applicant] FORM R58 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 the [Territory] 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]. If you desire to be heard on the hearing of the application, notice to that effect must be given to the Commission. 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 19 . [Signature] Registrar * Omit whichever is inappropriate. FORM R59 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 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 19 . [Signature] Registrar FORM R60 Regulation 23 Workplace Relations Act 1996 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION NOTICE OF VARIATION OF COMMON RULE AWARD 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. (b) that the variation(s) will be a common rule of the [Specify Territory 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 following places: SCHEDULE OF TERMS TO BE VARIED Print Number Award Code &Var No Clause No Substance of variation Date of Effect Dated 19 . [Signature] Registrar FORM R61 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 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 19 . [Signature] Registrar FORM R62 Regulation 33 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 189 (1) (a), (b) and (d)-(j) inclusive of the Act; [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 19 . [Signatures of applicants*] Offices held [*Note: This application must be signed by 2 or more officers of the association, including the officer who makes the statutory declaration required by paragraph 33 (1) (b) of the Regulations.] FORM R63 Regulation 33 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 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 189 (1) (a), (aa) and (c)-(j) inclusive of the Act; [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 19 . [Signatures of applicants*] Offices held [*Note: This application must be signed by 2 or more officers of the association, including the officer who makes the statutory declaration required by paragraph 33 (1) (b) of the Regulations.] FORM R64 Regulation 33 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 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 subsection 189 (4) of the Act; [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 19 . [Signatures of applicants*] Offices held [*Note: This application must be signed by 2 or more officers of the association, including the officer who makes the statutory declaration required by paragraph 33 (1) (b) of the Regulations.] FORM R65 Regulation 39 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 19 . [Signature] * Omit if inapplicable. FORM R66 Regulation 48 Workplace Relations Act 1996 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION APPLICATION FOR CONSENT TO THE CHANGE OF NAME OF AN ORGANISATION Application is made by [name of organisation] for consent to the change of the name of the said organisation to: [Set out proposed new name.] Dated 19 . [Signatures or Common Seal]* * An application shall be sealed with the common seal of the organisation or be signed by 2 officers of the organisation who are authorised by the organisation to sign the application. Note: The application is to be accompanied by a written statement, signed by one of the above setting out the proposed name and the reason for the proposal, and providing details concerning compliance with the rule altering procedure, and stating that the particulars set out in the application are true and correct to the best knowledge and belief of the signatory. FORM R67 Regulation 48 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 from the following: [Insert present 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]. 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.] Dated 19 . [Signatures or Common Seal]* * An application must be sealed with the common seal of the organisation or be signed by 2 officers of the organisation who are authorised by the organisation to sign the application. Note: The application shall be accompanied by a written statement, signed by one of the above, setting 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 providing details concerning compliance with the rule altering procedure and stating that the particulars set out in the application are true and correct to the best knowledge and belief of the signatory. FORM R68 Regulation 99 Workplace Relations Act 1996 APPLICATION FOR CERTIFICATE UNDER REGON 267 I, [full name] of [private address] (Telephone Nos. Business Home ), apply under section 267 of the Workplace Relations Act 1996, 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 188 (1) (a) or 188 (1) (b) of the Act. 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 19 . [Signature of applicant] * Omit whichever is inapplicable. FORM R69 Regulation 100 Workplace Relations Act 1996 APPLICATION FOR RENEWAL OF CERTIFICATE UNDER REGON 267 I, [full name] of [private address] (Telephone Nos. Business Home), apply under section 267 of the Workplace Relations Act 1996, 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 188 (1) (a) or 188 (1) (b) of the Act. 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 19 . [Signature of applicant] * Omit whichever is inapplicable. AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - NOTE 1 *1* Notified in the Commonwealth of Australia Gazette on 30 January 1998. - NOTES AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1*1* - Dated 27 January 1998