Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AMENDMENT RULES 2001 (NO. 3) 2001 NO. 332

STATUTORY RULES 2001 No. 332

Australian Industrial Relations Commission Amendment Rules 2001 (No. 3)

(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 reflect amendments to the Workplace Relations Act 1996 made by the Termination of Employment Act 2001.

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 amends Rule 37(4) to reflect the amended test for accepting applications lodged out of time as a result of the Termination of Employment Act 2001.

Item 2 substitutes Rule 38 to incorporate the capacity by an employer to move for the dismissal of an application for relief in respect of termination of employment for want of jurisdiction. Sub rule 38(2) requires that such a motion be made in accordance with Form R21A and is taken to be made on the date of filing.

Item 3 deletes sub-rules 43(4) and 43(5) . This amendment removes the provision to deem a matter to be discontinued, if the applicant fails to attend a conciliation, arbitration or related proceeding, and has had an opportunity to be heard. Provision to discontinue a matter where the applicant fails to attend is now found in the Workplace Relations Act 1996 as a result of the Termination of Employment Act 2001.

Item 4 amends the existing Form R18 to reflect legislative changes as a result of the Termination of Employment Act 2001 predominantly requiring applicants to indicate any written qualifying pereiod of employment.

Item 5 amends the existing Form R21 to reflect the changes made to rule 38 relating to new Form R21A dealing with an employer motion to dismiss the application for want of jurisdiction.

Item 6 inserts a new Form R21A to be completed by an employer moving to dismiss the application for want of jurisdiction.

Item 7 amends the existing Form R22 to take account of the requirement of parties and their representatives to disclose the terms of their engagement.

Item 8 amends the existing Form R24 by identifying the other grounds upon which the Commission concludes the applicant has no reasonable prospect of success.