Commonwealth Numbered Regulations

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 2007 (SLI NO 1 OF 2007)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Citation  
   2.      Commencement  
   3.      Interpretation  
   4.      Seals of Commission  
   5.      Forms  
   6.      Relief from Rules  
   7.       Directions on manner and form of procedure  

   PART 2--AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

   8.      Commission acting on own motion  
   9.      Assignment of industries and members  
   10.     Delegation by President  

   PART 3--APPEALS, REVIEWS AND REFERENCES

   11.     Review on application by Minister  
   12.     Restraining State industrial authorities  
   13.     Appeals to Full Bench  

   PART 4--AUSTRALIAN INDUSTRIAL REGISTRY

   14.     References by Registrar  
   15.     Appeals from Registrar  

   PART 5--INDUSTRIAL ACTION

   16.     Notice of initiation of bargaining period  
   17.     Application for an order to restrict initiation of a new bargaining period  
   18.     Application for an order to suspend, terminate or extend the suspension of a bargaining period  
   19.     Notice terminating or suspending the bargaining period  
   20.     Notice to Registrar of authorisation to engage in industrial action  
   21.     An application for an order for protected action ballot to be held  
   22.     An application to add or remove names from the roll of voters for a protected action ballot  
   23.     An application to vary or revoke the order for a protected action ballot  
   24.     Application for order to stop or prevent industrial action  

   PART 6--AWARDS

   25.     Application to vary, revoke or suspend an award  
   26.     Application to vary or revoke a transitional award  
   27.     Application for an order for a transitional award to cease to be binding  
   28.     Variation of common rules  

   PART 7--MINIMUM ENTITLEMENTS OF EMPLOYEES

   29.     Application for order requiring equal remuneration for work of equal value  

   PART 8--TERMINATION OF EMPLOYMENT

   30.     Form of application under section 643 of the Act  
   31.     Notice of employer's appearance  
   32.     Notice of representative's appearance  
   33.     Role of representative in relation to conciliation  
   34.     Notice of conciliation, arbitration or related proceeding  
   35.     Settlement by conciliation  
   36.     Discontinuance of matter  
   37.     Election to proceed to arbitration or to begin court proceedings  
   38.     Costs  
   39.     Security for the payment of costs  
   40.     Orders by Commission where employer fails to inform or consult trade union about terminations  

   PART 9--DISPUTE RESOLUTION

   41.     Dispute resolution to be conducted by the Commission under Part 13 of the Act or a pre-reform instrument  
   42.     Disputes under Model Dispute Resolution Process -- Notification to the Industrial Registrar where parties unable to agree on a provider  
   43.     Notification of industrial dispute involving a transitional employer arising from a log of claims  
   44.     Notification of other industrial disputes involving a transitional employer  
   45.     Notice of proceedings for dealing with a dispute involving a transitional employer  

   PART 10--RIGHT OF ENTRY

   46.     Application for permit to enter and inspect premises  
   47.     Application for revocation, suspension or for the imposition of conditions on a permit to enter and inspect premises  
   48.     Application for an order for access to non-member records  
   49.     Application for an exemption from requirement to provide entry notice  
   50.     Application for orders in relation to abuse of system  
   51.     Application for orders in relation to unreasonable requests by occupier or affected employer  
   52.     Application for orders in relation to a dispute about the operation of Part 15 of the Act  
   53.     Notice of proceedings for dealing with right of entry  

   PART 11--REPRESENTATION RIGHTS

   54.     Application to make or vary orders in relation to representation rights of organisations of employees or transitionally registered associations  

   PART 12--VARIATION AND TERMINATION OF PRE-REFORM INSTRUMENTS

   55.     Variation of pre-reform certified agreement on application of person bound by the agreement  
   56.     Termination of pre-reform certified agreement at any time  
   57.     Termination of pre-reform certified agreement in public interest after nominal expiry date  
   58.     Termination of agreement in a way provided under certified agreement after nominal expiry date  
   59.     Application to terminate an Australian Workplace Agreement  
   60.     Application for revocation of an award made under section 170MX of the Act  
   61.     Request for Commission to terminate a section 170MX award  

   PART 13--STATE INSTRUMENTS

   62.     Application to vary a Preserved State Agreement  
   63.     Application to vary a Notional Agreement Preserving State Awards  

   PART 14--TRANSMISSION OF BUSINESS

   64.     Application for an order as to whether an incoming employer is to be bound by a pre-reform certified agreement, a State transitional instrument or a collective agreement.  

   PART 15--MISCELLANEOUS

   65.     Summons to witness  
   66.     Order for production of documents  
   67.     Settlement of award or order  
   68.     Documents  
   69.     Filing and lodging electronically  
   70.     Filing and lodging by facsimile transmission  
   71.     Name and address of party  
   72.     Service of documents  
   73.     Directions as to service  
   74.     Requirement to fix time and place for hearing  
   75.     Electronic signatures  
   76.     Approved forms -- Regulations  
   77.      Approved forms -- RAO Regulations  
   78.     Repeal of the Rules of the Australian Industrial Relations Commission  
   79.     Transitional provision  

   PART 16--OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991

   80.     Referral of disagreement concerning manner of establishing or varying a designated work group  
   81.     Appeals to Commission  

   PART 17--PETROLEUM (SUBMERGED LANDS) ACT 1967

   82.     Referral of disagreement concerning manner of establishing or varying a designated work group  
   83.     Appeals to Commission  
           SCHEDULE 1 Forms