Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AMENDMENT RULES 2001 (NO. 1) 2001 NO. 39

STATUTORY RULES 2001 No. 39

Australian Industrial Relations Commission Amendment Rules 2001 (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 Gazettal.

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 requires that a notice of objection to a variation of a common rule under sub-rule 65(1) must be in accordance with Form 60A (see Item 10).

Item 2 amends the information sheet, Form R5, to clarify the information for employers served with a log of claims by a union.

Item 3 reflects the indexed (1 July 2000) specified rate within the grounds for jurisdictional objections on Form R21 (Notice of Employer's Appearance) in respect of an employee, not employed under award conditions whose remuneration exceeds $71,200 per year.

Item 4 clarifies that the existing objections on jurisdictional grounds within Form R21 (Notice of Employer's Appearance) in respect of federal award coverage only apply to those applications based on grounds that the termination was harsh, unjust or unreasonable.

Item 5 clarifies that the existing objections on jurisdictional grounds within Form R21 (Notice of Employer's Appearance) in respect of the constitutional corporation standing of the employer only apply to those applications based on grounds that the termination was harsh, unjust or unreasonable. As a result of the Industrial Relations Amendment Act 2000 (NSW), federal award employees in NSW not employed by constitutional corporations can now access the NSW state legislation - the amendment further reinstates the reference to NSW to the list of States where this objection maybe relevant.

Item 6 amends the certificate issued under s 1.70CF by clarifying the requirement on an applicant to lodge a notice of election with the Registry within 7 days from the date of the certificate.

Item 7 amends the notice of application for common rule declaration by clarifying the requirement for a person or organisation to file a notice of appearance with the Registry at least 3 days before the hearing date and to serve a copy upon the applicant.

Item 8 replaces the existing form for a notice of appearance to object to an application for common rule with a more general form encompassing all notices of appearance for an application for common rule previously absent from the Rules.

Item 9 amends the notice of variation of a common rule award by clarifying the requirement for an objector to lodge an objection to a variation within 28, days after the publication of the notice of variation.

Item 10 inserts a new form for a notice of objection to variation of a common rule award previously absent from the Rules.