Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AMENDMENT RULES 2003 (NO. 3) 2003 NO. 86

STATUTORY RULES 2003 No. 86

Australian Industrial Relations Commission Amendment Rules 2003 (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 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 12 May 2003.

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

Schedule 1

The following amendments are consequential to:

•    the amendments made to the Workplace Relations Act 1996 by the Workplace Relations Amendment (Registration and Accountability of Organisations) Act 2002 [RAO Schedule] and the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002

•      the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003 [RAO Regulations] and

•       the amendments made to the Workplace Relations Regulations 1996 by the Workplace Relations Amendment Regulations 2003.

Item 1 Inserts new definitions arising from the RAO Schedule and RAO Regulations.

Item 2 Consequential amendment arising from the RAO Regulations.

Item 3 Consequential amendment arising from the RAO Regulations.

Item 4 Consequential amendment arising from the RAO Regulations.

Item 5 Amendment to subrule 9(2) replaces the reference to section 38 of the Workplace Relations Act 1996 with new section 14 of RAO Schedule.

Item 6 Inserts in subrule 11(1) a reference to new section 45A of the Workplace Relations Act 1996.

Item 7 Amendment to subrule 24(1) replaces the reference to section 118A of the Workplace Relations Act 1996 with new section 133 of RAO Schedule.

Item 8 A new subrule 77(1) provides for references to the Workplace Relations Regulations Forms.

Item 9 Amendment to the heading of the Table in new subrule 77(1) reflects the reformatting and contents of the Table

Item 10 Amendment to the Table in new subrule 77(1) provides for the deletion of references to forms now found in new subrule 77(2).

Item 11 A new subrule 77(2) provides for references to the new forms required under the RAO Regulations.

Item 12 Amendment to the heading of Form R1 inserts a reference to new section 45A of the Workplace Relations Act 1996.

Item 13 Amendment to the subheading of Form R1 inserts a reference to new section 45A of the Workplace Relations Act 1996.

Item 14 Amendment to Form R1 inserts a reference to new subsection 45A(1) of the Workplace Relations Act 1996.

Item 15 Amendment to Form R2 inserts a reference to new subsection 45A(1) of the Workplace Relations Act 1996.

Item 16 Amendment to the heading of Form R8 replaces the reference to section 118A of the Workplace Relations Act 1996 with section 133 of the RAO Schedule

Item 17 Amendment to the subheading of Form R8 replaces the reference to section 118A of the Workplace Relations Act 1996 with section 133 of the RAO Schedule.

Item 18 Amendment to Form R21 reflects the new specified rate, indexed from July 2002.

Item 19 Amendment to the heading of Form R62 replaces the reference to Regulation 33 of Workplace Relations Regulations with Regulation 21 of the RAO Regulations.

Item 20 Amendment to Form R62 replaces the reference to paragraphs 189(1)(a), (b) and (d)-(j) inclusive of Workplace Relations Act 1996 with paragraphs 19(1)(a), (c) and (e)-(j) inclusive of RAO Schedule.

Item 21 Amendment to Form R62 reflects the new requirements for signing an application under sub regulation 12(1) and a declaration under paragraph 21(1)(b) of the RAO Regulations.

Item 22 Amendment to the heading of Form R63 replaces the reference to Regulation 33 of Workplace Relations Regulations with Regulation 21 of the RAO Regulations.

Item 23 Amendment to Form R63 replaces the reference to paragraphs 189(1)(a), (aa) and (c)-(j) inclusive of Workplace Relations Act 1996 with paragraphs 19(1)(a), (b) and (d)-(j) inclusive of the RAO Schedule.

Item 24 Amendment to Form R63 reflects the new requirements for signing an application under sub regulation 12(1) and a declaration under paragraph 21(1)(b) of the RAO Regulations.

Item 25 Amendment to the heading of Form R64 replaces the reference to Regulation 33 of Workplace Relations Regulations with Regulation 21 of the RAO Regulations.

Item 26 Amendment to Form R64 replaces the reference to subsection 189(4) of the Workplace Relations Act 1996 with section 20 of the RAO Schedule.

Item 27 Amendment to Form R64 reflects the new requirements for signing an application under sub regulation 12(1) and a declaration under paragraph 21(1)(b) of the RAO Regulations.

Item 28 Inserts a new Form R64A for a notice of objection to the registration of an association previously absent from the rules.

Item 29 Amendment to the heading of Form R65 replaces the reference to Regulation 48 of Workplace Relations Regulations with Regulation 27 of RAO Regulations.

Item 30

Forms R65A and 65B

Insert new forms for an application by the organisation for cancellation of its registration and corresponding notice of objection previously absent from the rules.

Forms R65C and 65D

Inserts new forms for an application by an organisation or person interested or by the Minister for cancellation of registration of an organisation and corresponding notice of objection previously absent from the rules.

Form R65E

A new form for a ballot paper chosen by an organisation in relation to a proposed amalgamation, form previously part of the Workplace Relations Regulations.

Form R65F

A new form for a ballot paper in relation to a proposed amalgamation where the organisation has not made an election, form previously part of the Workplace Relations Regulations.

Form R65G

A new form for a ballot paper chosen by an organisation and containing an alternative provision in relation to a proposed amalgamation, form previously part of Workplace Relations Regulations.

Form R65H

A new form for a ballot paper in relation to a proposed amalgamation and containing an alternative provision where the organisation has not made an election, form previously part of the Workplace Relations Regulations.

Item 31 Amendment to Form R66 replaces the reference to Regulation 48 of the Workplace Relations Regulations with Regulation 121 of the RAO Regulations and reflects the new requirements for signing an application under subregulation 12(1) and a declaration under paragraph 121(2)(c) of the RAO Regulations.

Item 32 Amendment to Form R67 replaces the reference to Regulation 48 of the Workplace Relations Regulations with Regulation 121 of the RAO Regulations and reflects the new requirements for signing an application under subregulation 12(1) and a declaration under paragraph 121(2)(c) of the RAO Regulations

Item 33 Amendment to the heading of Form R68 replaces the reference to Regulation 99 of the Workplace Relations Regulations with regulation 128 of the RAO Regulations.

Item 34 Amendment to the subheading in Form R68 replaces the reference to section 267 of the Workplace Relations Act 1996 with section 180 of the RAO Schedule.

Item 35 Amendment to Form R68 replaces the reference to section 267 of the Workplace Relations Act 1996 with section 180 of the RAO Schedule.

Item 36 Amendment to Form R68 replaces the reference to paragraphs 188(1)(a) or 188(1)(b) of the Workplace Relations Act 1996 with paragraphs 18(1)(a) or 18(1)(b) of the RAO Schedule.

Item 37 Amendment to the heading of Form R69 replaces the reference to Regulation 100 of the Workplace Relations Regulations with Regulation 129 of the RAO Regulations.

Item 38 Amendment to the subheading of Form R69 replaces the reference to section 267 of the Workplace Relations Act 1996 with section 180 of the RAO Schedule.

Item 39 Amendment to Form R69 replaces the reference to section 267 of the Workplace Relations Act 1996 with section 180 of the RAO Schedule.

Item 40 Amendment to Form R69 replaces the reference to paragraphs 188(1)(a) or 188(1)(b) of the Workplace Relations Act 1996 with paragraphs 18(1)(a) or 18(1)(b) of the RAO Schedule.