Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AMENDMENT RULES 2003 (NO. 4) 2003 NO. 298

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 as a result of the Workplace Relations Amendment (Fair Termination) Act 2003 and 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 27 November 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

Item 1 Rule 37

Amendment to subrule 37(2) replaces the reference to regulation 30BD with new section 170CEAA of the Workplace Relations Act 1996 arising as a result of the Workplace Relations Amendment (Fair Termination) Act 2003.

Item 2 Rule 70A

Amendment to the address for the Commission's Internet site for access to e-filing.

Items 3 and 5 Form R18

Amendments to Form R18 replace the references to Regulation 30BD with new section 170CEAA of the Workplace Relations Act 1996 arising as a result of the Workplace Relations Amendment (Fair Termination) Act 2003.

Item 4 Form R18

Amendment to Form R18 replaces the reference to the CES with Centrelink to reflect Regulation 30CE.

Item 6 Form R18

Amendment to Form R18 provides for improved arrangements for applicants wishing to lodge an application electronically.

Item 7 Form R18

Amendment to Form R18 provides for improved arrangements for receiving refunds and replaces the reference to regulation 30BD(3) with new subsection 170CEAA(8) of the Workplace Relations Act 1996 arising as a result of the Workplace Relations Amendment (Fair Termination) Act 2003.

Item 8 Form R19

Amendment to Form R19 replaces subsection 170CL(2) with the current wording of the subsection.

Items 9 and 10 Form R19

Amendments to Form R19 replace the reference to regulation 30BD with new section 170CEAA of the Workplace Relations Act 1996 arising as a result of the Workplace Relations Amendment (Fair Termination) Act 2003.

Items 11 and 12 Form R20

Amendments to Form R20 replace the references to regulation 30BD with new section 170CEAA of the Workplace Relations Act 1996 arising as a result of the Workplace Relations Amendment (Fair Termination) Act 2003.

Item 13 Form R21

Amendments to Form R21 replace the references to regulations 30B and 30BB with new section 170CBA of the Workplace Relations Act 1996 arising as a result of the Workplace Relations Amendment (Fair Termination) Act 2003 and to simplify the form removes the reference to the commencement date of subsection 170CE(5A) which introduced the qualifying period for applications alleging unfair termination.

Item 14 and 15 Form R21

Amendments to Form R21 replaces the reference to paragraphs 30BD(1)(a) and (b) with new paragraphs 170CBA(1)(a) and (b) of the Workplace Relations Act 1996 arising as a result of the Workplace Relations Amendment (Fair Termination) Act 2003.

Item 16 Form R21

Amendment to Form R21 removes from the kinds of employees excluded from lodging an application for relief in respect of termination of employment, an employee serving a qualifying period of employment previously found in paragraph 30BD (1) (c) and replaces the reference to paragraph 30BD (1)(c) with new paragraph 170CBA(1)(c) of the Workplace Relations Act 1996 arising as a result of the Workplace Relations Amendment (Fair Termination) Act 2003.

Item 17 Form R21

Amendment to Form R21 reflects the amended test introduced by the Workplace Relations Amendment (Fair Termination) Act 2003 concerning "casuals" and replaces the reference to subregulation 30BD (3) with new paragraph 170CBA(1) (d) and subsections 170CBA (3) and (3A) of the Workplace Relations Act 1996 arising as a result of the Workplace Relations Amendment (Fair Termination) Act 2003.

Items 18 and 19 Form R21

Amendments to Form R21 replace the references to paragraphs 30BD(1)(e) and (f) with new paragraphs 170CBA(1) (e) and (f) of the Workplace Relations Act 1996 arising as a result of the Workplace Relations Amendment (Fair Termination) Act 2003 and the new specified rate, indexed from July 2003.

Items 20 to 23

Amendments to Forms R28, R28B, R30 and R32 have been made to remove any ambiguity in the wording of the respective items concerning reduction in the terms and conditions of employees covered by the agreement.

Item 24 Form R58

Amendment to Form R58 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.

Items 25 to 31

Amendments to Forms R62, R63, R64, R65A, R65C, R66 and R67 are corrections to typographical errors.