Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AMENDMENT RULES 2000 (NO. 1) 2000 NO. 170

STATUTORY RULES 2000 NO. 170

Amendment of the Australian Industrial Relations Commission Rules

(Australian Industrial Relations Commission Amendment Rules 2000 (No. 1))

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

Authority

Section 48 of the Workplace Relations Act 1996 (the Act) authorises the making of the rules of the Australian Industrial Relations Commission (the Commission).

Under subsection 48(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.

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

"'prescribed' includes prescribed by Rules of the Commission made under section 48;"

Purpose

A number of amendments have been made to improve the workings of the Rules.

Details

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

Rule 1 is a formal provision stating the name of these Rules.

Rule 2 provides that these Rules commence on 1 July 2000.

Rule 3 is a formal provision, providing that the Australian Industrial Relations Commission Rules are amended as set out in these Rules.

Schedule 1

Item 1 substitutes Form R21 (Notice of Employer's Appearance). In addition to making a number of formatting changes, the amendment requires an employer making a jurisdictional objection against an application for relief in respect of termination of employment to indicate the basis of the objection and to include documentation substantiating the jurisdictional objection.