Australian Industrial Relations Commission Rules 2007

 

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 1

 

Amendment of the Australian Industrial Relations Commission Rules

 

(Issued by the Authority of the President of the Australian Industrial Relations Commission)

Authority

Section 124 of the Workplace Relations Act 1996 (the Act) authorises the making of the rules of the Australian Industrial Relations Commission (the Commission).

Under subsection 124(1) of the Act the President of the Commission by signed instrument, after consultation with members of the Commission, may make rules, not inconsistent with the Act, with respect to:

(a) the practice and procedure to be followed in the Commission; or

(b) the conduct of business in the Commission;

and, in particular:

( c) the manner in which, and the time within which, applications, submissions and objections may be made to the Commission; and

( d) the manner in which applications, submissions and objections may be dealt with by the Commission; and

(e) the furnishing of security for the payment of costs in respect of an application made under section 643.

Moreover, subsection 4(1) of the Act states:

" 'prescribed' includes prescribed by Rules of the Commission made under section 124;"

Purpose

Arising from the amendments to the Workplace Relations Act 1996 by the Workplace Relations Amendment (Work Choices) Act 2005, and Workplace Relations Regulations 2006, the Australian Industrial Relations Commission Rules 1998 have been amended by their repeal and substitution with the Australian Industrial Relations Commission Rules 2007.

 

The President of the Commission, after consultation with members of the Commission, has made amendments to the Rules to the following effect:

Part 1—Preliminary

Rule 1 provides the form of citation of the Rules.

Rule 2 provides that these Rules commence on the day after they are registered.

Rule 3 contains definitions used in the Rules for ‘Act’, ‘Australian Industrial Registry Bulletin’, ‘OHS(CE) Act’, ‘PSL Act’, ‘Pre-reform Act’, ‘RAO Regulations’, ‘RAO Schedule’ and ‘Regulations’.

Rule 4 provides for the form, custody and affixing of the seals of the Commission and the Registry.

Rule 5 provides for the use of forms.

Sub rule 5(1) requires that subject to subrule 5(3), a form in Schedule 1 must be used if it is applicable.

Sub rule 5(2) provides for a form (Form R59 – see Schedule 1) where no specific form is prescribed by the Act, Regulations, RAO Regulations or the Rules.

Subrule 5(3) states that sufficient compliance with the Rules as to form of a document if the document is substantially in accordance with the required form or has only such variations as the nature of the case requires.

Rule 6 allows the Commission to dispense with compliance with any of the requirements of the Rules before or after the occasion for compliance arises.

Rule 7 provides for the Commission to give directions on the manner and form of procedure.

Subrule 7(1) provides that if a person wishes to commence a proceeding or take any step in a proceeding and either the manner or form of procedure is not prescribed by the Act, Regulations, RAO Regulations or Rules or by or under any other Act or the person is in doubt, the Commission may, on application by the person, give directions.

Sub rule 7(2) provides that a step taken in accordance with a direction of the Commission is regular and sufficient.

Part 2—Australian Industrial Relations Commission

Rule 8 details the procedure to be followed when the Commission acts on its own motion.

Sub rule 8(1) requires that the Commission must notify a Registrar in writing if the Commission acts on its own initiative under section 91 of the Act.

Sub rule 8(2) requires the Registrar, having been notified under subrule 8(1), to process the matter as if it were an application under the relevant section of the Act which provides that the Commission may perform a function or exercise a power, on the Commission’s own initiative.

Rule 9 regulates the procedure for assignment of industries and members to a panel of Commission members.

Sub rule 9(1) provides that if the President assigns an industry or group of industries to a panel of members of the Commission under section 95 of the Act, the President must record the assignment in writing.

Sub rule 9(2) requires that if the President assigns a Presidential Member to the Organisations Panel under section 14 of the RAO Schedule, the President must record the assignment in writing.

Sub rule 9(3) provides that a record of an assignment made under subrules 9(1) or (2) must be kept by the Industrial Registrar.

Rule 10 requires that a copy of a delegation made by the President under section 96 of the Act must be kept by the Industrial Registrar.

Part 3—Appeals, Reviews and References

Rule 11 provides the process to be followed for an application by the Minister under section 114 of the Act for a review of an award or order (or a decision relating to the making of an award or order) by a Full bench. The procedure must be generally in accordance with the procedure prescribed by rule 13.

Rule 12 regulates the procedure for an application under section 117 of the Act for an order restraining a State industrial authority from dealing with a dispute.

Sub rule 12(1) requires that an application be signed by or on behalf of the applicant and that it state relevant particulars, including the name of the State industrial authority, the name of the matter and the grounds for the application.

Sub rule 12(2) requires a Registrar to serve an order restraining a State industrial authority as soon as possible after the making of the order.

Rule 13 regulates the procedure for instituting an appeal to the Full Bench under section 120 or 121 of the Act.

Sub rule 13(1) specifies the documentation to be lodged with a Registrar together with the notice of appeal, which must be in accordance with Form R1 (see Schedule 1).

Sub rule 13(2) specifies time limits in which an appeal may be instituted.

Sub rule 13(3) provides that an application to a Full Bench for leave to institute an appeal after 21 days must be in accordance with Form R2 (see Schedule 1).

Sub rule 13(4) provides that if an applicant 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.

Sub rule 13(5) specifies the persons upon whom the applicant must serve a notice of appeal and accompanying documentation once the notice of appeal has been lodged.

Sub rule 13(6) regulates the procedure for the Registry once the Commission has fixed a time and place for the hearing of the appeal.

Part 4—Australian Industrial Registry

Rule 14 regulates the procedure once a matter or question is referred to the President for decision under section 145 of the Act.

Rule 15 provides a process for the lodgment of an appeal from a Registrar.

Subrule 15(1) requires that an appeal from a Registrar under section 147 of the Act must be in accordance with Form R3 (see Schedule 1).

Subrule 15(2) requires that 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.

Sub rule 15(3) requires that if an applicant 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.

Sub rule 15(4) provides that on lodging a notice of appeal, the applicant must as soon as practicable, serve a copy of the notice on the other parties and any intervener.

Subrule 15(5) regulates the procedure for the Registry once the Commission has fixed a time and place for the hearing of the appeal.

Subrule 15(6) provides for the Registrar, against whose decision the appeal is made, to be heard on the hearing of the appeal, if the Commission thinks fit.

Part 5—Industrial Action

Rule 16 requires a notice of the initiation of a bargaining period under subsection 423(3) of the Act to be in accordance with Form R4 (see Schedule 1) and regulates the procedure if given by a bargaining agent.

Rule 17 regulates the process where an application is made for an order to restrict initiation of a new bargaining period.

Sub rule 17(1) requires that an application for an order under subsection 429(4) or (5) of the Act to restrict initiation of a new bargaining period must be in accordance with Form R5 (see Schedule 1).

Sub rule 17(2) requires the applicant to serve a copy of the application on the other negotiating parties.

Subrule 17(3) requires a Registrar, on the Commission fixing a time and place for hearing, to give notice, as directed by the Commission, of the time and place of hearing to the former negotiating parties.

Rule 18 regulates the procedure where application is made for an order to suspend, terminate or extend the suspension of a bargaining period.

Paragraph 18(1)(a) requires that an application for an order under section 430, 431, 432 or 433 of the Act to suspend or terminate a bargaining period must be in accordance with Form 6 (see Schedule 1).

Paragraph 18(1) (b) requires that an application for an order under section 432(3) or 433(4) of the Act to extend the suspension of a bargaining period must be in accordance with Form 7 (see Schedule 1).

Sub rule 18(2) requires the applicant to serve a copy of the application on all negotiating parties as soon as practicable after filing the application.

Sub rule 18(3) requires a Registrar, on the Commission fixing a time and place for hearing, to give notice, as directed by the Commission, of the time and place of hearing to the negotiating parties.

Rule 19 regulates the procedure where a notice terminating or suspending the bargaining period is issued.

Subparagraph 19(1)(a)(i) requires a notice terminating the bargaining period under subsection 430(6) of the Act to be in accordance with Form R8 (see Schedule 1).

Subparagraph 19(1)(a)(ii) requires a notice suspending the bargaining period under subsection 432(6) of the Act to be in accordance with Form R9 (see Schedule 1).

Paragraph 19(1)(b) requires the notice to be signed by a member of the Commission.

Sub rule 19(2) requires the Commission to give a copy of the notice to each of the negotiating parties.

Rule 20 regulates the procedure where notice is given to the Registrar under paragraph 446(1) (c) of the Act of authorisation to engage in industrial action.

Sub rule 20(1) requires that a notice to the Registrar must be in accordance with Form R10 (see Schedule 1).

Sub rule 20(2) requires that the notice must be lodged promptly in the Industrial Registry.

Rule 21 regulates the procedure for an application under section 451 of the Act for an order for protected action ballot to be held.

Sub rule 21(1) requires that an application must be in accordance with Form R11 (see Schedule 1).

Subrule 21(2) requires the applicant to serve a copy of the application but not the attachments on the employer and any person nominated to conduct the ballot within 24 hours of lodging the application.

Rule 22 regulates the process for adding or removing names from the roll of voters for the protected action ballot.

Paragraph 22(1) (a) requires that an application for a declaration under subsection 468(2) of the Act must be in accordance with Form R13 (see Schedule 1).

Paragraph 22(1) (b) requires that an application for a declaration under subsection 468(3) of the Act must be in accordance with Form R14 (see Schedule 1).

Sub rule 22(2) requires that a copy of the application must be served on the negotiating parties, authorised ballot agent and independent adviser, if any, nominated in the ballot order.

Rule 23 regulates the procedure for an application to vary or revoke the order for a protected action ballot.

Paragraph 23(1) (a) requires that an application to vary the order under section 469 of the Act must be in accordance with Form R15 (see Schedule 1).

Paragraph 23(1) (b) requires that an application to revoke the order under section 470 of the Act must be in accordance with Form R16 (see Schedule 1).

Sub rule 23(2) requires that a copy of the application must be served on the negotiating parties, the authorised ballot agent and independent adviser if any nominated in the ballot order as soon as practicable.

Rule 24 regulates the procedure for an application for an order to stop or prevent industrial action, under subsection 496(4) or subclause 51(2) of Schedule 6 to the Act.

Sub rule 24(1) requires that an application must be in accordance with Form R17 (see Schedule 1).

Subrule 24(2) requires that a Registrar, on the Commission fixing a time and date for hearing, give a copy of the application and completed notice of hearing to the applicant.

Sub rule 24(3) requires that the applicant, subject to an order for substituted service, must serve as soon as practicable after filing, a copy of application and completed notice of hearing on all persons against whom the order is sought.

Part 6—Awards

Rule 25 provides a process for an application to vary, revoke or suspend an award under section 119, 553, 554, 556, 557, 558, 559, 560, 566 or 812 of the Act.

Subrule 25(1) requires that an application to vary, revoke or suspend an award must be in accordance with Form R18 (see Schedule 1).

Subrule 25(2) requires that a Registrar, on the Commission fixing a time and date for hearing, give a copy of the application and completed notice of hearing to the applicant.

Sub rule 25(3) requires the applicant to serve a copy of the application and the completed notice of hearing on the other parties to the award.

Rule 26 provides a process for an application to vary or revoke a transitional award under clause 29 or 30 or 31 of Schedule 6 to the Act.

Subrule 26(1) requires that an application to vary or evoke a transitional award must be in accordance with Form R19 (see Schedule 1).

Sub rule 26(2) requires that a Registrar, on the Commission fixing a time and date for hearing, give a copy of the application and completed notice of hearing to the applicant.

Sub rule 26(3) requires the applicant to serve a copy of the application and the completed notice of hearing on the other parties to the transitional award.

Rule 27 provides a process for an order for a transitional award to cease to be binding on the transitional employer under clause 58 or 59 of Schedule 6 to the Act.

Sub rule 27(1) requires that an application for an order for a transitional award to cease to be binding on the transitional employer must be in accordance with Form R20 (see Schedule 1).

Sub rule 27(2) requires that a Registrar, on the Commission fixing a time and date for hearing, give a copy of the application and completed notice of hearing to the applicant.

Sub rule 27(3) requires the applicant to serve a copy of the application and the completed notice of hearing on the employees and organisations bound by the transitional award.

Rule 28 provides a form for lodging a notice of objection to a variation of a common rule and prescribes the period within which to lodge.

Sub rule 28(1) requires that a notice of objection under subclause 85(3) of Schedule 6 to the Act and subsection 142(4) of the pre-reform Act, as it continues to apply under clause 84 of Schedule 6 to the Act, to a variation of a common rule award must be in accordance with Form R23 (see Schedule 1).

Subrule 28(2) provides for the prescribed period of 28 days under subclause 85(7) of Schedule 6 to the Act for lodgment of a notice of objection to the variation of a common rule.

Part 7—Minimum Entitlements

Rule 29 regulates the procedure for an application under section 625 of the Act for an order requiring equal remuneration for work of equal value.

Sub rule 29(1) requires that an application be in accordance with Form R25 (see Schedule 1).

Sub rule 29(2) requires that a Registrar publish a notice of the hearing in accordance with Form R26 (see Schedule 1) in the Australian Industrial Registry Bulletin, give a copy of the notice to the applicant and give additional notice as the Commission directs.

Sub rule 29(3) requires a Registrar to publish an order under section 627 of the Act in the Australian Industrial Registry Bulletin and in any other way the Commission directs.

Part 8—Termination of Employment

Rule 30 regulates the procedure for making an application alleging unfair and unlawful termination of employment under section 643 of the Act.

Sub rule 30(1) requires that an application must be made in accordance with Form R27 (see Schedule 1).

Sub rule 30(2) provides that an application not signed by the applicant maybe accepted if signed by a solicitor, trade union or other representative of the applicant.

Sub rule 30(3) requires that an application lodged out of time must include a statement of reasons why the Commission should accept the application.

Rule 31 regulates the procedure for the filing of a notice of appearance by the respondent employer.

Sub rule 31(1) requires that an employer must file a notice of appearance in accordance with Form R28 (see Schedule 1).

Sub rule 31(2) requires that a notice of employer’s appearance be filed before the end of 7 days after service of the application on the employer by the Registry.

Sub rule 31(3) requires that a notice of motion to dismiss the application for want of jurisdiction must made in accordance with Form R29 (see Schedule 1) and is taken to be made on the date of filing.

Sub rule 31(4) requires that a notice of motion to dismiss the application on the ground that it is frivolous, vexatious or lacking in substance must be in accordance with Form R30 (see Schedule 1) and is taken to be made on the date of filing.

Sub rule 31(5) requires the employer to give a copy of the notice of employer’s appearance and any motion for dismissal of the application to the applicant as soon as practicable.

Sub rule 31(6) requires that a Registrar give a copy of the notice of employer’s appearance and any motion to dismiss to the parties when giving notice under Rule 34.

Sub rule 31(7) provides that a notice of an employer’s appearance that is not signed by the employer may be accepted if prepared by a solicitor, employer organisation or representative of the employer.

Sub rule 31(8) provides for an employer to appear despite the employer’s failure to file a notice of appearance.

Sub rule 31(9) provides for an employer who failed to file a notice of employer’s appearance within the time allowed under subrule 31(2) to be heard subject to such conditions as are imposed by the Commission.

Rule 32 regulates the procedure for the filing of a notice of representative’s appearance.

Sub rule 32(1) provides for a person representing a party at a conciliation, arbitration or related proceedings to enter an appearance by filing a notice of representative’s appearance in accordance with Form R31 (see Schedule 1).

Sub rule 32(2) provides that the notice be filed before the date fixed for the conciliation, arbitration or related proceeding.

Sub rule 32(3) provides that after filing a notice of representative’s appearance, a person representing a party must as soon as practicable give a copy of the notice to the other party.

Sub rule 32(4) provides that if a Registrar is able, the Registrar must give a copy of the notice of the representative’s appearance to the parties when giving notice under Rule 34.

Sub rule 32(5) provides for a representative to appear on behalf of a party despite the representative’s failure to file a notice of representative’s appearance.

Sub rule 32(6) provides for a change of representative’s appearance by filing a notice of representative’s appearance in accordance with Form R31 (see Schedule 1).

Rule 33 regulates the role of representative of employees and employers, respectively, in conciliation proceedings.

Paragraph 33(1) (a) requires that a person representing an applicant must promptly advise the applicant of the importance of the applicant being present at the conciliation proceeding and to have sufficient authority to deal with the matter.

Paragraph 33(1) (b) requires that a person representing an employer must promptly advise the employer of the importance of the employer or a responsible officer being present at the conciliation proceeding and to have sufficient authority to deal with the matter.

Rule 34 regulates the procedure for convening conciliation or arbitration or related proceeding under Subdivision B of Division 4 of Part 12 of the Act.

Sub rule 34(1) requires the Commission to fix a time and place for the hearing of an application under section 643 of the Act.

Sub rule 34(2) requires a Registrar, on the Commission fixing a time and date for hearing, to give notice, as directed by the Commission, to the parties to the application.

Sub rule 34(3) provides for additional documentation to accompany the notice given under subrule 34(20 if the Commission so directs.

Sub rule 34(4) provides for the Commission to conciliate a matter in a manner otherwise than by convening a hearing.

Sub rule 34(5) defines “hearing” to include a conference, or a proceeding conducted in private.

Rule 35 provides that if a matter is settled by conciliation, the Commission must require the parties to reduce the terms of settlement to writing, if practicable.

Rule 36 provides a procedure for the discontinuance of a matter.

Sub rule 36(1) requires an applicant to discontinue a matter by filing a notice of discontinuance in accordance with Form R32 (see Schedule 1).

Sub rule 36(2) requires that, after filing the notice of discontinuance, an applicant must give a copy of the notice of discontinuance to the employer.

Rule 37 regulates the procedure for an applicant to make an election to proceed to arbitration or to begin court proceedings.

Sub rule 37(1) requires that an election to proceed to arbitration or to begin court proceedings under section 651 of the Act must be in accordance Form R33 (see Schedule 1).

Sub rule 37(2) requires that after lodging an election, an applicant must give a copy of the notice of election to the employer as soon as practicable.

Rule 38 regulates the procedure for an application for an order for costs.

Sub rule 38(1) requires that an application for an order for costs under section 658 of the Act must be in accordance with Form R34 (see Schedule 1).

Sub rule 38(2) provides that an order for costs maybe taxed in accordance with Schedule 7 to the Workplace Relations Regulations.

Sub rule 38(3) allows a lower rate to be charged for an item of work done or service provided than that specified for the item in Schedule 7 to the Workplace Relations Regulations, if the Commission considers it reasonable in the circumstances.

Sub rule 38(4) gives only a Presidential Member, nominated by signed instrument by the President, the power to tax costs.

Rule 39 regulates the procedure for an application for security for the payment of costs.

Sub rule 39(1) allows the Commission, on application, to order a party to an application under section 643 of the Act or who began proceedings in relation to such an application to give security for the payment of costs. The subrule indicates that such an order would not ordinarily be made prior to the conclusion of any conciliation proceedings.

Sub rule 39(2) requires that an application to give security for the payment of costs must be in accordance with Form R35 (see Schedule 1).

Sub rule 39(3) allows the Commission to provide the time, manner and form of any such security it orders.

Sub rule 39(4) allows the Commission to vary the details of any such security it orders.

Sub rule 39(5) allows the Commission without prejudice to its other powers, where the Commission orders a party to provide security of costs, to order that the application or the proceedings be adjourned until the security is provided or adjourned indefinitely.

Sub rule 39(6) does not allow a Member who has dealt with or is dealing with the application under section 643 of the Act to exercise the power to order security of costs unless the Member has been directed to do so by the President (or a Presidential Member nominated in writing by the President).

Rule 40 regulates the procedure for an application for an order by the Commission where an employer has failed to inform or consult the relevant trade union(s) about terminations under section 668 of the Act.

Sub rule 40(1) requires the application to be in accordance with Form R36 (see Schedule 1).

Sub rule 40(2) requires the applicant to serve a copy of the application on the employer and on each trade union that could have made an application.

Sub rule 40(3) regulates the manner for giving notice of the time and place of hearing.

Part 9—Dispute resolution

Rule 41 regulates dispute resolution conducted by the Commission under Part 13 of the Act or a pre-reform instrument.

Sub rule 41(1) requires that an application under subsection 696(5), 699(1), 704(1) or 709(1) of the Act to have the Commission conduct a dispute resolution process must be in accordance with Form 5, Schedule 1 to the Workplace Relations Regulations 2006 (see Form 5 following Form R36 in Schedule 1).

Sub rule 41(2) requires that an application to have the Commission conduct a dispute resolution process under a pre-reform instrument (certified agreement or Australian Workplace Agreement) must be in accordance with Form R37 (see Schedule 1).

Sub rule 41(3) allows the parties, by consent, to request that a particular Member or Members conduct the dispute resolution process by the Commission.

Rule 42 provides that notification of disputes under the Model Dispute Resolution Process to the Industrial Registrar where parties are unable to agree on a provider must be in accordance with Form R38 (see Schedule 1).

Rule 43 provides a process for notification of an industrial dispute involving a transitional employer arising from a log of claims.

Subrule 43(1) requires that notification under clause 33 of Schedule 6 to the Act must be in accordance with Form R39 (see Schedule 1).

Sub rule 43(2) requires that the notification be accompanied by a copy of the letter of demand, copy of the log of claims, copy of the list of persons served in accordance with the Rules, a statement confirming the service, a statement by an officer of the organisation serving the log of claims, suitably authorised, and a statement confirming the officer of the organisation’s belief that each person served is an excluded employer and bound by a transitional award, within the meaning of Schedule 6 to the Act including the name of the transitional award(s).

Rule 44 provides a process for the notification of an industrial dispute under clause 33 of Schedule 6 to the Act involving a transitional employer, other than a dispute of the kind mentioned in Rule 43.

Sub rule 44(1) allows the notification to be given orally, in writing, by facsimile transmission or other similar means.

Sub rule 44(2) requires that the notification must disclose the parties to the alleged dispute, matters in dispute, the titles of the transitional awards that bind the transitional employer in respect of the transitional employees, and the grounds for alleging that the employer is a transitional employer within the meaning of Schedule 6 and any other relevant information.

Sub rule 44(3) requires that 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.

Sub rule 44(4) requires that if an oral notification is given, the notifier must confirm the notification in accordance with Form R39 (see Schedule 1).

Rule 45 provides a process where notice of proceedings for dealing with a dispute is given involving a transitional employer.

Sub rule 45(1) requires a Registrar, if the dispute is not a dispute mentioned in Rule 43, to give notice to each person alleged to be party to the dispute.

Sub rule 45(2) requires that if the dispute is the kind mentioned in rule 43, on the Commission fixing a time and place for the proceedings dealing with a dispute, a Registrar must give notice, as directed by the Commission to the notifier.

Sub rule 45(3) requires the notifier to serve a copy of the notice on each person alleged to be party to the dispute.

Sub rule 45(4) requires a Registrar to give a notice of hearing of the dispute to the Minister if dealt with by a Full Bench.

Part 10—Right of Entry

Rule 46 regulates the process for an application for a permit to enter and inspect premises under section 740 of the Act.

Sub rule 46(1) requires that the application must be in accordance with Form R40 (see Schedule 1).

Sub rule 46(2) requires that the application must include a statutory declaration signed by the member of the committee of management and the official in respect of whom the application is made setting out all relevant information as specified in subsection 742(2) of the Act.

Rule 47 provides that an application for revocation, suspension or for the imposition of conditions on a permit to enter and inspect premises under section 744 of the Act must be in accordance with Form R41 (see Schedule 1).

Rule 48 provides that an application for an order for access to non-member records under paragraph 748(9) (a) of the Act must be in accordance with Form R42 (see Schedule 1).

Rule 49 provides that an application for an exemption from the requirement to provide the entry notice under section 750 of the Act must be in accordance with Form R43 (see Schedule 1).

Rule 50 provides that an application for orders in relation to abuse of the system under section 770 of the Act must be in accordance with Form R44 (see Schedule 1).

Rule 51 provides that an application for orders in relation to unreasonable requests by occupier or affected employer under section 771 of the Act must be in accordance with Form R45 (see Schedule 1).

Rule 52 provides that an application for orders in relation to a dispute about the operation of Part 15 of the Act under section 772 must be in accordance with Form R46 ( see Schedule 1).

Rule 53 requires that, on the Commission fixing a time and place for the hearing dealing with right of entry, a Registrar must give notice, as directed by the Commission, to such organisations and persons as directed by the Commission.

Part 11—Representation Rights

Rule 54 regulates the procedure for an application to make or to vary orders in relation to representation rights of organisations of employees or transitionally registered associations.

Sub rule 54(1) requires that the application under section 133 of the RAO Schedule or subregulation 2.1(1) of Division 1, Part 2, Chapter 6 or subregulation 2.4(1) of Division 2, Part 2, Chapter 6 of the Regulations, must be in accordance with Form R47 (see Schedule 1).

Sub rule 54(2) requires that the application under 133(2) of the RAO Schedule or regulation 2.2 of Division 1, Part 2, Chapter 6 or subregulation 2.4(3) of Division 2, Part 2, Chapter 6 of the Regulations, must be in accordance with Form R48 (see Schedule 1).

Sub rule 54(3) requires the applicant to serve a copy of the application on any organisation, transitionally registered association of employees or person who may have an interest in the matter.

Sub rule 54(4) requires that, on the Commission fixing a time and place for the hearing, a Registrar must give notice to any organisation or person, as directed by the Commission.

Part 12—Variation and Termination of Pre-reform Instruments

Rule 55 regulates the procedure where an application is made by a person bound by the agreement to vary a certified agreement under subsection 170MD (6) of the pre-reform Act, as continued in force under paragraph 2(1) (i) or 13(1) (k) of Schedule 7 to the Act.

Sub rule 55(1) requires that an application must be in accordance with Form R49 (see Schedule 1).

Sub rule 55(2) requires that, on the Commission fixing a time and place for the hearing, a Registrar must give a copy of the application and completed notice of hearing to the applicant.

Sub rule 55(3) requires the applicant to serve a copy of the application and completed notice of hearing on the other persons bound by the pre-reform certified agreement.

Rule 56 regulates the procedure where application is made to terminate an agreement under section 170MG of the pre-reform Act, as continued in force under paragraph 2(1)(k) or 13(1)(n) of Schedule 7 to the Act.

Paragraph 56(1) (a) requires lodgment of an application in accordance with Form R50 (see Schedule 1) by the employer or (if one or more organisations of employees are bound by the pre-reform certified agreement) one of the organisations.

Sub paragraph 56(1) (b) (i) requires that the application be accompanied by a statutory declaration stating the facts on the basis of which the Commission can be satisfied that the requirement of subsection 170MG (3) of the pre-reform Act, as continued in force under paragraph 2(1) (k) or 13 (1) (n) of Schedule 7 to the Act has been met.

Sub paragraph 56(1) (b) (ii) requires that, 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, must also be lodged.

Sub rule 56(2) requires a Registrar to give notice of the time and place of hearing to the employer, each organisation bound by the pre-reform certified agreement and any other person subject to the pre-reform certified agreement.

Rule 57 regulates the procedure where application is made to terminate a certified agreement in the public interest after the nominal expiry date under subsection 170MH(1) of the pre-reform Act, as continued in force under paragraph 2(1(k) or 13(1)(n) of Schedule 7 to the Act.

Subrule 57(1) requires lodgment of an application to be in accordance with Form R51 (see Schedule 1).

Sub rule 57(2) provides that if application is made by an appointed representative of a majority of employees whose employment is subject to the pre-reform certified agreement, it must be accompanied by a statutory declaration made by the representative stating the facts on the basis of which the Commission can be satisfied that the representative has been appointed by the employees and is acting in accordance with their direction.

Sub rule 57(3) requires a Registrar to give notice of the time and place of hearing, if and as directed by the Commission, to the employer, each organisation bound by the pre-reform certified agreement and any other person subject to the pre-reform certified agreement.

Rule 58 regulates the procedure where an application is made for approval of termination of a certified agreement as provided under the certified agreement after the nominal expiry date under subsection 170MHA(1) of the pre-reform Act, as continued in force under paragraph 2(1)(k) or 13(1) (n) of Schedule 7 to the Act.

Sub rule 58(1) requires lodgment of an application in accordance with Form R52 (see Schedule 1) accompanied by a statutory declaration stating the facts on the basis of which the Commission can be satisfied that the requirements of paragraph 170MHA (1) (a) and (b) of the pre-reform Act, as continued in force under paragraph 2(1) (k) or 13(1) (n) of Schedule 7 to the Act have been met.

Sub rule 58(2) requires a Registrar to give notice of the time and place of hearing, if and as directed by the Commission, to the employer, each organisation bound by the pre-reform certified agreement and any other person subject to the pre-reform certified agreement.

Rule 59 regulates the procedure for an application to terminate an Australian Workplace Agreement under subsection 170VM (3) of the pre-reform Act as it continues to apply because of paragraph 17(1) (c) of Schedule 7 to the Act.

Sub rule 59(1) requires that an application to terminate an Australian Workplace Agreement must be in accordance with Form R53 (see Schedule 1) and be accompanied by a copy of the Australian Workplace Agreement.

Sub rule 59(2) requires a Registrar to give notice if and as directed by the Commission to the parties to the agreement.

Rule 60 regulates the procedure where an application is made for revocation of an award under section 170MX.

Sub rule 60(1) requires an application made for revocation of a section 170MX award under subsection 170MZ (4) of the pre-reform Act as continued by subparagraph 23(2) (b) of Schedule 7 to the Act to be in accordance with Form R54 (see Schedule 1).

Sub rule 60(2) requires a Registrar, on the Commission fixing a time and place for hearing, to give notice to such organisations and persons as the Commission directs.

Rule 61 regulates a procedure where a request is made for the Commission to terminate a section 170MX award.

Sub rule 61(1) requires a request under subsection 170MZ (5) of the pre-reform Act, as continued by paragraph 23(2) (b) of Schedule 7 to the Act, to be in accordance with Form R55 (see Schedule 1).

Sub rule 61(2) requires that, on the Commission fixing a time and place for the hearing, a Registrar must give a copy of the notice to such organisations and persons as the Commissions directs.

Part 13—State Instruments

Rule 62 provides for an application to vary a preserved State Agreement under clause 17 or 18 of Schedule 8 to the Act.

Sub rule 62(1) requires that an application be in accordance with Form R56 (see Schedule 1).

Sub rule 62(2) requires a Registrar, on the Commission fixing a time and place for hearing, to give a copy of the application and completed notice of hearing to the applicant.

Sub rule 62(3) requires the applicant to serve a copy of the application and completed notice of hearing on the other parties bound by the preserved State agreement.

Rule 63 provides for an application to vary a Notional Agreement Preserving State Awards under clause 40 or 41 of Schedule 8 to the Act.

Sub rule 63(1) requires that an application be in accordance with Form R57 (see Schedule 1).

Sub rule 63(2) requires a Registrar, on the Commission fixing a time and date for hearing, to give a copy of the application and completed notice of hearing to the applicant.

Sub rule 63(3) requires the applicant to serve a copy of the application and completed notice of hearing on the other parties bound by the notional agreement or as directed by the Commission.

Part 14—Transmission of Business

Rule 64 regulates the procedure for an application under section 590 of the Act or clause 14 or 23 of Schedule 9 to the Act for an order as to whether an incoming employer is to be bound by a pre-reform certified agreement, State transitional instrument or a collective agreement.

Sub rule 64(1) requires that an application must be in accordance with Form R58 (see Schedule 1).

Sub rule 64(2) requires a Registrar, on the Commission fixing a time and date for hearing, to give a copy of the application and completed notice of hearing to the applicant.

Sub rule 64(3) requires that the applicant must serve a copy of the application and the completed notice of hearing on the person and organisations as determined by section 594 of the Act or clause 18 or 27 of the Schedule 9 as applicable.

Part 15—Miscellaneous

Rule 65 regulates the procedure for summons to witness.

Sub rule 65(1) provides that the summons under paragraph 111(1) (n) of the Act may only be issued with the approval of a Member of the Commission.

Sub rule 65(2) requires that the summons be in accordance with Form R60 (see Schedule 1) and signed by a Member of the Commission or a Registrar.

Sub rule 65(3) provides that any number of persons may be included in the same summons.

Sub rule 65(4) requires that each person named in the summons must be served with a copy of the summons in accordance with rule 72.

Rule 66 regulates the procedure for an order for production of documents.

Sub rule 66(1) provides that an order for production of documents under paragraph 111(1) (o) of the Act may be issued with the approval of a member of the Commission.

Sub rule 66(2) requires that the order for production of documents be in accordance with Form R61 and signed by a member of the Commission or a Registrar.

Sub rule 66(3) provides that any number of documents may be included in the same order.

Sub rule 66(4) requires that each person named in the order must be served with a copy in accordance with rule 72.

Rule 67 regulates the procedure for settlement of award or order.

Sub rule 67(1) requires that, where a Full Bench has directed that a draft award or order be settled by a Registrar, the applicant or party so directed must lodge the draft award or order in the Industrial Registry before the end of 14 days.

Sub rule 67(2) requires that, where a member of the Commission has directed a party to lodge a draft award or order, the party so directed must lodge the draft award or order in the Industrial Registry before the end of 14 days after the direction was given.

Sub rule 67(3) requires that a Registrar must give notice to the parties of the Registrar’s intention to settle the draft before the end of 14 days after the draft award or order was lodged in the Industrial Registry.

Sub rule 67(4) requires that a Registrar must give notice to the parties of the Registrar’s intention to settle the draft if a party has failed to lodge the draft award or order within the time prescribed by rule 67.

Sub rule 67(5) provides that a draft award or order may be lodged on computer diskette despite subrule 68(3).

Rule 68 regulates the procedure for lodgment of documents in the Industrial Registry for the use of the Commission.

Sub rule 68(1) provides that a document for use in the Commission must be lodged, with 2 copies, in the Industrial Registry unless directed otherwise by the Rules or the Commission.

Sub rule 68(2) provides that a document required to be lodged under Divisions 1 and 2 of Part 3, or Division 1 of Part 5, of the RAO Regulations must be lodged, with 1 copy, in the Industrial Registry.

Sub rule 68(3) regulates the size and format for documents lodged.

Rule 69 regulates the procedure for filing and lodging documents electronically.

Subrule 69(1) provides for the lodgment of any document required or permitted by the Rules to be done electronically.

Sub rule 69(2) provides for a document to be lodged electronically either by submitting a web based form available of the Commission's Internet page or by emailing the document in accordance with subrule (3).

Sub rule 69(3) prescribes the format and covering documentation necessary for documents sent by email in accordance with paragraph 69(2)(b).

Subrule 69(4) provides for a statutory declaration to be lodged electronically by sending an image of the statutory declaration.

Sub rule 69(5) requires a Registrar to send an acknowledgement of filing to the lodging party by email.

Sub rule 69(6) provides that a document lodged electronically is taken not to have been filed until the acknowledgement of filing has been sent.

Sub rule 69(7) provides that unless the Registry is advised to the contrary, any document lodged by the sender and requiring to be signed or stamped by the Commission or Registry and returnable to the lodging party will be returned electronically to the email address stated on the cover sheet.

Sub rule 69(8) requires a person who sends a document by electronic communication to keep a paper copy of the document and the receipt indicating the document was delivered or the email showing the transmission details and to produce it as directed by the Commission.

Sub rule 69(9) requires the Registrar to publish which formats and specific email addresses will be accepted under the rule in the AIR Bulletin.

Rule 70 regulates the procedure for filing and lodging by facsimile transmission.

Subrule 70(1) provides for the lodgment of any document required or permitted by the Rules to be done by facsimile transmission.

Sub rule 70(2) requires the Registrar to approve at least one facsimile number for each Registry for the purpose of receiving documents.

Subrule 70(3) regulates the procedure for filing and lodging documents by facsimile transmission.

Sub rule 70(4) requires that if the document is in an existing proceeding, it must be sent to an approved facsimile number for the Registry which is the proper place for the proceeding.

Subrule 70(5) provides that unless the Registry is advised to the contrary, any document lodged by the sender and requiring to be signed or stamped by the Commission or Registry and returnable to the lodging party will be returned by facsimile transmission to the facsimile number, or if there is no facsimile number, to the postal address, stated on the cover sheet.

Sub rule 70(6) requires a person who sends a document by facsimile transmission to keep a paper copy of the document and to produce it as directed by the Commission.

Sub rule 70(7) provides that the original document produced as directed by the Commission must be endorsed with a statement that the original is a true and correct copy of the document sent by facsimile transmission and the date and time the document was sent by facsimile transmission.

Rule 71 requires that all documents lodged in the Industrial Registry by a party in connection with a matter before the Commission must state the name, address for service, phone number, facsimile number (if any), email address (if any), of the party.

Rule 72 regulates the manner in which documents are to be served.

Sub rule 72(1) requires that, unless otherwise provided by the Rules or directed by the Commission, a party must serve a document in the manner indicated in the Rules.

Sub rule 72(2) provides the procedure for service of a document on an individual, a body corporate or an organisation or branch of an organisation by describing the manner for leaving, tendering, posting, transmission by facsimile or by email of a document.

Sub rule 72(3) provides a definition of “registered office” and “secretary” in relation to a body corporate for the purpose of subrule 72(2),

Sub rule 72(4) provides that where documents are posted, unless the contrary is proved, service is taken to have been effected at the time when the letter would, in the ordinary course of post, be delivered at the address to which it was posted.

Sub rule 72(5) provides that a certificate from a General Manager of the Australia Postal Corporation stating that a letter which has been posted would in the normal course of post, have been delivered on a specified day is evidence of the facts stated.

Sub rule 72(6) states that a document purporting to be a certificate under subrule 72(5) must, unless the contrary is proven, to be taken to be such a certificate and to have been duly given.

Rule 73 provides the procedure for applications to the Commission for alternative methods of serving documents other than those provided in Rule 72.

Sub rule 73(1) provides that if provision is made for personal or other service of a document in a proceeding before the Commission, on application of a party, the Commission may make an order for substituted or other service by letter, facsimile transmission, email, public advertisement or otherwise.

Sub rule 73(2) requires an application under subrule 73(1) to be in accordance with Form R62 (see Schedule 1), and be supported by a written statement by the applicant.

Sub rule 73(3) provides that an order under subrule 73(1) may include directions that the notice contain particulars as specified by the Commission.

Rule 74 regulates the procedure if the Commission is required to fix a time and place for hearing of a matter.

Sub rule 74(1) provides that if the Commission is required to fix a time and place for the hearing of a matter, the Commission must fix a time that is at least 10 working days after notice is given. The place fixed must take into account the convenience of any person who may be required to participate in proceedings.

Sub rule 74(2) provides that the Commission is not required to comply with subrule 74(1) if the Act otherwise requires, or taking into consideration the urgency or importance of the matter, it is not reasonably practicable to do so or it is otherwise inconvenient to persons in the proceedings.

Sub rule 74(3) provides that failure to comply with subrule 74(1) does not affect the validity of any act done by the Commission in relation to the matter.

Sub rule 74(4) provides that unless the Rules provide to the contrary, a party is required to serve notice on another party or parties to the proceedings as soon as practicable.

Rule 75 provides for electronic signatures.

Sub rule 75(1) provides for a document, other than a statutory declaration, to be signed by means of a facsimile of the signature.

Sub rule 75(2) provides for a decision or determination under sections 567, 680, 777 or 337K of Schedule 1 and Clause 61 of Schedule 6, to the Act to be signed by a Member by means of a facsimile of the signature.

Rule 76 contains a table setting out provisions of the Workplace Relations regulations and the name and number of the corresponding approved forms.

Rule 77 contains a table setting out provisions of the RAO regulations and the name and number of the corresponding approved forms.

Rule 78 provides for the repeal of Statutory Rules 1999 Nos. 1, 71 and 276; 2000 No. 170; 2001 Nos 39, 101 and 332; 2003 Nos. 6,7, 86 and 298; 2004 Nos. 6 and 280; 2005 No. 151 are repealed.

Rule 79 is a transitional provision stating that a document that is lodged or a proceeding that is commenced before the commencement of these Rules is taken to be a document properly filed or a proceeding properly commenced.

Part 16—Occupational Health and Safety (Commonwealth Employment) Act 1991

Rule 80 regulates the procedure for referral of a disagreement concerning the manner of establishing or varying a designated work group under subsection 24(4) of the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Sub rule 80(1) requires a referral of a disagreement to the Commission as the reviewing authority to be in accordance with Form R63 (see Schedule 1).

Sub rule 80(2) provides that Commission may invite Comcare to participate in any proceedings in resolution of the matter in disagreement.

Rule 81 regulates the procedure for appeals to the Commission under the provisions of the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Sub rule 81(1) requires an appeal to the Commission as reviewing authority under section 48 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to be instituted by lodging with a Registrar a notice of appeal in accordance with Form R64 (see Schedule 1) and other specified documentation.

Sub rule 81(2) provides that an appeal must be instituted before the end of 14 days after the date of the decisions appealed against or, on application, within such further time as is allowed by the Commission.

Sub rule 81(3) provides that an application to the Commission for leave to institute an appeal after the 14 days mentioned in sub rule 81(2) must be in accordance with Form R65 (see Schedule 1).

Sub rule 81(4) provides that if a person seeks an order under 48(3) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (that is, an order that 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.

Sub rule 81(5) provides that if a person seeks an order under 48(4) or (5) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (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.

Sub rule 81(6) requires that, on lodging a notice of appeal under section 48(1) of the Occupational Health and Safety (Commonwealth Employment) Act 1991, the appellant must, as soon as practicable, serve a copy of the notice of appeal and documents lodged in accordance with subrule 81(1) on specified persons and groups.

Sub rule 81(7) requires that, on lodging a notice of appeal under subsection 48(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991, the appellant must, as soon as practicable, serve a copy of the notice of appeal and documents lodged in accordance with subrule 81(1) on specified persons and groups.

Sub rule 81(8) requires a Registrar, on the Commission fixing a time and place for hearing, to give notice of the time and place for hearing of an appeal to specified persons and groups.

Part 17—Petroleum (Submerged Lands) Act 1967

Rule 82 regulates the procedure for referral of a disagreement concerning the manner of establishing or varying a designated work group under subsection 12(4) of Schedule 7 to the Petroleum (Submerged Lands) Act 1967.

Sub rule 82(1) requires a referral of a disagreement to the Commission as the reviewing authority to be in accordance with Form R66 (see Schedule 1).

Sub rule 82(2) provides that Commission may invite to the National Offshore Petroleum Safety Authority to participate in any proceedings in resolution of the matter in disagreement.

Rule 83 regulates the procedure for appeals to the Commission under the provisions of the Petroleum (Submerged Lands) Act 1967.

Sub rule 83(1) requires an appeal to the Commission as reviewing authority under section 37 of Schedule 7 to the Petroleum (Submerged Lands) Act 1967 to be instituted by lodging with a Registrar a notice of appeal in accordance with Form R67 (see Schedule 1) and other specified documentation.

Sub rule 83(2) provides that an appeal must be instituted before the end of 14 days after the date of the decisions appealed against or, on application, within such further time as is allowed by the Commission.

Sub rule 83(3) provides that an application to the Commission for leave to institute an appeal after the 14 days mentioned in sub rule 83(2) must be in accordance with Form R68 (see Schedule 1).

Sub rule 83(4) provides that if a person seeks an order under 37(3) of Schedule 7 to the Petroleum (Submerged Lands) Act 1967 (that is, an order that the making of the appeal does not 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.

Sub rule 83(5) provides that if a person seeks an order under 37(4) or (5) of Schedule 7 to the Petroleum (Submerged Lands) Act 1967, (that is, an order that the operation of the relevant notice under section 17 of Schedule 7, or the relevant decision under section 36 of Schedule 7, to 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.

Sub rule 83(6) requires that, on lodging a notice of appeal under subsection 37(1) of Schedule 7 to the Petroleum (Submerged Lands) Act 1967, the appellant must, as soon as practicable, serve a copy of the notice of appeal and documents lodged in accordance with subrule 83(1) on specified persons and groups.

Sub rule 83(7) requires that, on lodging a notice of appeal under subsection 37(2) of Schedule 7 to the Petroleum (Submerged Lands) Act 1967, the appellant must, as soon as practicable, serve a copy of the notice of appeal and documents lodged in accordance with subrule 83(1) on specified persons and groups.

Sub rule 83(8) requires a Registrar on the Commission fixing a time and date for hearing, to give notice of the time and place for hearing of an appeal to specified persons and groups.

Schedule 1 provides for the Forms referred to in the Rules.