Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 1998 NO. 1

STATUTORY RULES 1998 No. 1

Amendment of the Rules of the Australian Industrial Relations Commission

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

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;"

Arising from the amendments of the Industrial Relations Act 1988 by the Workplace Relations and Other Legislation Amendment Act 1996 and the Workplace Relations and Other Legislation Amendment Act (No. 2), the Rules of the Australian Industrial Relations Commission have been amended by their repeal and substitution with the Australian Industrial Relations Commission Rules.

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

Rule 1 provides the form of citation of the Rules.

Rule 2 provides that the Rules commence on 2 February 1998.

Rule 3 contains definitions used in the Rules for 'Act', 'Australian Industrial Registry Bulletin' and 'OHS(CE) Act'.

Rule 4 provides for the form, custody and affixing of the seals of the Commission and the Registry.

Rule 5 provides for the use of forms.

Subrule 5(1) requires that, subject to subrule 5(3), a form in the Schedule must be used if it is applicable.

Subrule 5(2) provides that an application for which no form is provided in the Regulations or Rules must set out the applicant's name, the nature of the matter and grounds on which the application is made and be lodged in the Industrial Registry.

Subrule 5(3) states that is sufficient compliance with the Rules as to form of a document if the document is substantially in accordance with the required form or has only such variations as the nature of the case requires.

Rule 6 allows the Commission to dispense with compliance with any requirements of the Rules before or after the occasion for compliance arises.

Rule 7 provides for the Commission to give directions on the manner and form of procedure.

Subrule 7(1) provides that if a person wishes to commence a proceeding or take any step in a proceeding and either the manner or form of procedure is not prescribed by the Act, Regulations or Rules or by or under any other Act or the person is in doubt, the Commission may, on application by the person, give directions.

Subrule 7(2) provides that a proceeding commenced in accordance with a direction of the Commission is well commenced.

Subrule 7(3) provides that a step taken in accordance with a direction of the Commission is regular and sufficient.

Rule 8 details the procedure to be followed when the Commission acts on its own motion.

Subrule 8(1) requires that the Commission must notify a Registrar in writing, if the Commission acts on its own motion under section 33 of the Act.

Subrule 8(2) requires the Registrar, having been notified under subrule 8(1), to process the matter as if it were an application under section 113 of the Act.

Subrule 8(3) requires that the Commission must notify a Registrar in writing, if the Commission acts on its own motion under section 127 of the Act.

Subrule 8(4) requires the Registrar, having been notified under subrule 8(3), to process the matter as if it were an application under subsection 127(2) of the Act.

Subrule 8(5) requires that the Commission must notify a Registrar in writing of its action, if the Commission acts on its own initiative under subparagraph 170MW(8)(b)(i) of the Act.

Subrule 8(6) requires the Registrar, having been notified under subrule 8(5), to process the matter as if it were an application under subparagraph 170MW(8)(2)(ii) of the Act.

Rule 9 regulates the procedure for assignment of industries and members to a panel of Commission members.

Subrule 9(1) provides that if the President assigns an industry or group of industries to a panel of members of the Commission under section 37 of the Act. the President must record the assignment in writing.

Subrule 9(2) requires that if the President assigns a Presidential Member to the Organisations Panel under section 38 of the Act, the President must record the assignment in writing.

Subrule 9(5) provides that a record of an assignment made under subrules 9(1) or (2) must be kept by the Industrial Registrar.

Rule 10 requires that a copy of a delegation made by the President under section 40 of the Act must be kept by the Industrial Registrar.

Rule 11 regulates the procedure for instituting an appeal to the Full Bench under section 45 of the Act.

Subrule 11 (1) specifies the documentation to be lodged with a Registrar together with the notice of appeal, which must be in accordance with Form R1 (see Schedule).

Subrule 11 (2) specifics time limits in which an appeal may be instituted.

Subrule 11 (3) provides that an application to a Full Bench for leave to institute an appeal after 21 days must be in accordance with Form R2 (see Schedule).

Subrule 11 (4) provides that if an appellant seeks a stay of the whole or part of the award, order or decision pending the determination of the appeal, the notice of appeal must include an application to that effect.

Subrule 11 (5) specifies the persons upon whom the appellant must serve a notice of appeal and accompanying documentation once the notice of appeal has been lodged.

Subrule 11 (6) regulates the procedure for the Registry once the Commission has fixed a time and place for the hearing of the appeal.

Rule 12 regulates the procedure once a matter or question is referred to the President for decision under section 79 of the Act.

Rule 13 provides a process for the lodgment of an appeal from a Registrar.

Subrule 13(1) requires that an appeal from a Registrar under section 81 of the Act must be in accordance with Form R3 (see Schedule).

Subrule 13(2) requires that an appeal must be made before the end of 21 days after the date of the decision or act appealed against, or of the Registrar's refusal or failure to make a decision or do any act arising under the Act.

Subrule 13(3) requires that if an appellant seeks a stay of the whole or part of the decision or act concerned pending the determination of the appeal, the notice of appeal must include an application to that effect.

Subrule 13(4) provides that on lodging a notice of appeal, the appellant musk as soon as practicable, serve a copy of the notice on the other parties and any intervener.

Subrule 13(5) regulates the procedure for the Registry once the Commission has fixed a time and place for the hearing of the appeal.

Subrule 13(6) provides for the Registrar, against whose decision the appeal is made. to be heard on the hearing of the appeal, if the Commission thinks fit.

Rule 14 provides a process for the notification of an industrial dispute, under section 99 of the Act, arising out of the service of a log of claims.

Subrule 14(1) requires that the notification be in accordance with Form R4 (see Schedule).

Subrule 14(2) requires that the notification be accompanied by a copy of the letter of demand, a copy of the log of claims, a copy of the list of persons served in accordance with the Rules, a statement confirming the service and a statement by an officer of the organisation serving the log of claims, suitably authorized, that the letter of demand and log of claims were served with the authority of the organisation.

Rule 16 provides a process for the notification of an industrial dispute, other than a dispute of the kind mentioned in Rule 14.

Subrule 15(1) allows the notification to be given orally, in writing, by facsimile or other similar means.

Subrule 15(2) requires the notification to disclose the parties to the alleged dispute, the matters in dispute, the titles of the awards concerned (if any) and any other relevant information.

Subrule 15(3) requires that if the Commission is being asked to deal with the matter on the basis of an earlier finding of dispute, the case number of that dispute must be stated.

Subrule 15(4) requires that if an oral notification is given, the notifier must confirm the notification in accordance with Form R4 (see Schedule).

Subrule 16 regulates the procedure for the notification of the time and place for the hearing of an industrial dispute.

Subrule 16(1) requires that, on the Commission fixing a time and place for the hearing, a Registrar must give notice, as directed by the Commission, to the notifier.

Subrule 16(2) requires that if the dispute is the kind referred to in Rule 14, the notifier must serve a copy of the notice mentioned in subrule (1) as well as a notice in accordance with Form R5 (see Schedule) on each person alleged to be a party to the dispute.

Subrule 16(3) requires that if the dispute is the kind referred to in Rule 15, a Registrar must give notice, as the Commission directs, to each person alleged to be a party to the dispute.

Rule 17 requires that a decision of the President on an application under section 107 of the Act must be recorded in writing and a copy of the decision must be kept by a Registrar with the documents relating to the proceedings.

Rule 18 provides that where the President decides to deal with a proceeding under section 108 of the Act , the President must record the decision in writing and a copy of the decision must be kept by a Registrar with the document relating to the proceedings.

Rule 19 provides the process for an application by the Minister, under section 109 of the Act, for a review of an award or order (or a decision relating to the making of an award or order) by a Full Bench. The procedure must be generally in accordance with the procedure prescribed by Rule 11.

Rule 20 provides a process for an application, under subsection 111(1)(b) of the Act, for the making of an award by consent of the parties.

Subrule 20(1) requires that if, in the settlement of matters in dispute, the parties seek the making of an award by consent, the parties must lodge a copy of the proposed award with the member of the Commission or Full Bench which is hearing the dispute.

Subrule 20(2) requires that each party to the proposed award by consent also lodge a written statement stating that the terms of the proposed award have been approved by the party.

Rule 21 regulates the procedure for an application under section 111AAA of the Act for the Commission to cease dealing with an industrial dispute in certain circumstances.

Rule 21(1) requires the application to be in writing and to state the grounds on which the application is made.

Rule 21(2) provides that if the application is made to a member of the Commission other than the President, the member must refer the application to the President.

Subrule 21(3) provides that if the President makes a decision under subsection 36(3) of the Act, the President must record the decision in writing.

Subrule 21(4) requires that a copy of the decision be kept by a Registrar with the documents relating to the proceedings.

Rule 22 provides a process for an application, under section 113 of the Act, to set aside or vary an award.

Subrule 22(1) requires, subject to Rule 23, the application to be in accordance with Form R6 (see Schedule).

Subrule 22(2) provides a process for the applicant to be in receipt of the necessary documentation in order to serve the other parties.

Subrule 22(3) requires the applicant to effect service of a copy of the application and the notice of hearing on the other parties to the award.

Rule 23 provides a process for an application, under section 113B of the Act, to vary an award to give effect to an agreement made under an enterprise flexibility provision.

Subrule 23(1) requires the application to be in accordance with Form R7 (see Schedule) and be accompanied by a copy of the agreement.

Subrule 23(2) requires each party to the agreement to lodge with the application a statutory declaration indicating the basis upon which the Commission can be satisfied that the requirements of subsection 113B (2) of the Act have been met, and stating which organisations of employees are parties to the award whose members' employment would be regulated by the variation.

Subrule 23(3) regulates the manner for giving notice of the time and place of hearing to the parties.

Rule 24 regulates the procedure for an application for an order in relation to representation rights of organisations of employees, under section 118BA of the Act.

Subrule 24(1) requires the application to be in accordance with Form R8 (see Schedule).

Subrule 24(2) requires the applicant to serve a copy of the application on any party who may have an interest in the matter.

Subrule 24(3) regulates the manner for giving notice of the time and place of hearing to the parties.

Rule 25 regulates the procedure for an application for an order to stop or prevent industrial action, under subsection 127(2) of the Act.

Subrule 25(1) requires the application to be in accordance with Form R9 (see Schedule).

Subrule 25(2) provides a process for the applicant to be in receipt of the necessary documentation in order to serve the other parties.

Subrule 25(3) requires the applicant to effect service of a copy of the application and the notice of hearing on each party to the industrial dispute, each party to the negotiation of an agreement under Division 2 of Part VIE of the Act (if any), and each party bound by an award or certified agreement if the industrial action relates to work regulated by that award or certified agreement.

Rule 26 regulates the procedure for an application under section 128 of the Act for an order restraining a State industrial authority from dealing with a dispute.

Subrule 26(1) requires that an application be signed by or on behalf of the applicant and that it state relevant particulars, including the name of the State industrial authority, the name of the matter and the grounds for the application.

Subrule 26(2) requires a Registrar to serve an order restraining a State industrial authority as soon as possible after the making of the order.

Rule 27 provides the procedure for an application for a secret ballot under section 136 of the Act.

Rule 28 regulates the procedure for notification of boycott disputes under section 157 of the Act

Subrule 28(1) requires the notification to be in accordance with Form R10 (see Schedule).

Subrule 28(2) provides that if the notification is first given to the President, the President must give the notification to a Registrar as soon as practicable.

Subrule 28(3) requires the Registrar to immediately send copies of the notification to the parties identified in the notification, the Australian Competition and Consumer Commission (if a party) and other relevant persons.

Rule 29 provides a process whereby a party to an industrial dispute can give written notice to the Commission or a Registrar about an intention to bring an action in tort in relation to the dispute.

Subrule 29(1) requires that written notice to a member of the Commission or a Registrar under subsection 166A(3) of the Act about an intention to bring an action in tort must be in accordance with Form R11 (see Schedule) and accompanied by a statement, by a person having knowledge of the facts, asserting service under subrule (2).

Subrule 29(2) provides that before giving written notice to a member of the Commission or a Registrar, the notifier must personally serve a copy of the notice on each organisation of employees mentioned in the notice.

Paragraph 29(3)(a) provides that on receipt of the written notice by a member of the Commission or a Registrar, the notice must be endorsed with the time and date of receipt.

Paragraph 29(3)(b) provides that if the notice is given to a member of the Commission, the member must give the notice to a Registrar.

Paragraph 29(3)(c) provides that the Registrar must send a copy of the notice and a notice of time and place fixed for the hearing of the matter to the notifier and each organisation of employees referred to in the notice.

Subrule 29(4) requires the Registrar to keep a certificate issued under subsection 166A(6) of the Act and provide a copy to each person or organisation of employees mentioned in the certificate.

Rule 30 provides that if the President refers an industrial dispute to a State authority under section 174 of the Act, the President must provide relevant particulars about the dispute and the State authority to the Industrial Registrar.

Rule 31 regulates the procedure for an application for cancellation or suspension of an award under section 187 of the Act

Subrule 31 (1) requires an application to be in accordance with Form R12 (see Schedule).

Subrule 31(2) provides a process for the applicant to be in receipt of the necessary documentation in order to serve the other parties.

Subrule 31(3) requires the applicant to effect service of the notice of hearing on all other parties to the award.

Rule 32 provides the procedure for the keeping of a Register of Findings of Industrial Disputes.

Subrule 32(1) requires the Industrial Registrar to keep, at the Principal Registry, a Register of Findings of Industrial Disputes.

Subrule 32(2) requires the Industrial Registrar to record in the Register, under subsection 101 (1) of the Act, the parties to the dispute, the matters in dispute and the relevant findings of the Commission.

Subrule 32(3) requires the Register to be open for inspection by the public.

Rule 33 regulates the procedure for an application under section 170BD of the Act for an order requiring equal remuneration for work of equal value.

Subrule 33(1) requires the application be in accordance with Form R13 (see Schedule).

Subrule 33(2) requires that the applicant must, if practicable, state whether the Commission is to be asked to exercise the power in section 170BI of the Act, in which case the applicant must identify the industrial dispute to be prevented and the likely parties to the dispute.

Subrule 33(3) requires that the Registrar publish a notice of hearing in accordance with Form R14 (see Schedule) in the Australian Industrial Registry Bulletin, provide a copy to the applicant and give additional notice as the Commission directs.

Subrule 33(4) requires the applicant to serve a copy of the application and a notice in accordance with Form R14 (see Schedule) on each trade union entitled to represent the industrial interests of any of the employees concerned and each organisation or association representing employers of any of those employees, the Sex Discrimination Commissioner and any other person upon whom the Commission directs service.

Subrule 33(5) provides for an order made under section 170BC of the Act to be published in the Australian Industrial Registry Bulletin and in any other way the Commission directs.

Subrule 33(6) requires that before making an order under section 170BI of the Act, the Commission must first make a written record of the industrial dispute to be prevented, and the likely parties to the dispute.

Rule 34 regulates the procedure for an application, under section 170FB of the Act, for an employment termination order by the Commission which will create a rule of general application.

Subrule 34(1) requires the application to be in accordance with Form R15 (see Schedule).

Subrule 34(2) requires the Registrar to publish a notice of hearing in accordance with Form R18 (see Schedule) in the Australian Industrial Registry Bulletin, and provide a copy to the applicant and give additional notice as the Commission directs.

Subrule 34(3) requires the applicant to serve a copy of the application and the notice in accordance with Form R16 (see Schedule) on each trade union entitled to represent the industrial interests of any of the employees concerned and each organisation or association representing employers of any of those employees and any other person upon whom the Commission directs service.

Subrule 34(4) provides for an order made under section 170FA to be published in the Australian Industrial Registry Bulletin and in any other way the Commission directs.

Rule 35 regulates the procedure for an application for an order by the Commission where an employer has failed to consult the relevant trade union(s) about terminations, under section 170GA of the Act.

Subrule 35(1) requires the application to be in accordance with Form R17 (see Schedule).

Subrule 35(2) requires the applicant to serve a copy of the application on the employer and on each trade union which could also have made such an application.

Subrule 35(3) regulates the manner for giving notice of the time and place of hearing to the parties.

Rule 36 requires the Industrial Registrar to keep at the Principal Registry a Register of orders made under Part VIA of the Act (except orders under Subdivision B of Division 3 of that Part) which is open for inspection by the public.

Rule 37 regulates the procedure for making an application alleging unfair dismissal or unlawful termination of employment under section 170CE of the Act.

Subparagraph 37(1)(a)(i) requires an application to be in accordance with Form R18 (see Schedule) for a ground mentioned in subsection 170CE(1) of the Act.

Subparagraph 37(1)(a)(ii) requires an application to be in accordance with Form R19 (see Schedule) if it is only in relation to a ground mentioned in subsection 170CE(2) of the Act.

Subparagraph 37(1)(a)(iii) requires an application to be in accordance with Form R20 (see Schedule) if the application is made by a trade union under subsection 170CE(3) of the Act.

Subparagraph 37(1)(a)(iv) requires an application to be in accordance with Form R19 (see Schedule) if the application is made by an inspector, trade union, or officer or employee of a trade union under subsection 170CE(4) of the Act

Paragraph 37(1)(b) requires an application under section 170CE of the Act to be lodged in the Industrial Registry.

Subrule 37(2) provides for the lodgment of an application personally, or by post or facsimile transmission, subject to payment of a filing fee in accordance with regulation 30BD of the Regulations if a Registrar has not waived payment of such fee.

Subrule 37(3) provides that an application under subparagraphs 37(1)(a)(1) or (ii) that is not signed by the applicant may be accepted if it is made by a solicitor, trade union or other representative of the applicant.

Subrule 37(4) requires that an application lodged out of time must include a statement of the reasons why it would be unfair for the Commission not to accept it.

Rule 38 regulates the procedure for the filing of a notice of appearance by the respondent employer.

Subrule 38(1) provides that an application under subrule 37(1) is answered by the employer filing a notice of employer's appearance in accordance with Form R21 (see Schedule).

Subrule 38(2) provides for the notice of employer's appearance to be filed personally or by post or facsimile transmission within 7 days after service of the application on the employer by the Registry.

Subrule 38(3) requires the employer to immediately give a copy of the notice of employer's appearance to the applicant personally, or by post or facsimile transmission.

Subrule 38(4) requires that a Registrar give a copy of the employer's notice of appearance to the parties when giving notice under Rule 41.

Subrule 38(5) provides that a notice of employer's appearance that is not signed by the employer may be accepted if prepared by a solicitor, employer organisation or representative of the employer.

Subrule 38(6) provides for an employer to appear despite the employer's failure to file a notice of appearance.

Rule 39 regulates the procedure for the filing of a notice of representative's appearance.

Subrule 39(1) provides for a person representing a party to enter an appearance by filing a notice of representative's appearance in accordance with Form R22 (see Schedule),

Subrule 39(2) provides that the notice may be filed personally or by post or facsimile transmission before the date fixed for the conciliation or arbitration or related proceedings.

Subrule 39(3) requires that after filing a notice under subrule 39(2), a person representing a party must immediately give a copy of the notice personally, or by post or by facsimile transmission, to the other parties.

Subrule 39(4) provides that if a Registrar is able, the Registrar must give a copy of the notice of the representative's appearance to the parties when giving notice under Rule 41.

Subrule 39(5) provides for a representative to appear on behalf of a party despite the representative's failure to file a notice of representative's appearance.

Subrule 39(6) provides for a change of representative's appearance by filing a notice in accordance with Form R22 (see Schedule).

Rule 40 regulates the role of representatives of employees and employers, respectively, in conciliation proceedings.

Paragraph 40(1)(a) requires that a person representing an applicant must promptly advise the applicant of the importance of the applicant being present at the conciliation proceeding.

Paragraph 40(1)(b) requires that the person representing an applicant must have sufficient authority to deal with the matter on behalf of the applicant.

Paragraph 40(2)(a) requires that a person representing an employer must promptly advise the employer of the importance of the employer being present at the conciliation proceeding.

Paragraph 40(2)(b) requires that the person representing an employer must have sufficient authority to deal with the matter on behalf of the employer.

Rule 41 regulates the procedure for convening conciliation or arbitration or related proceedings under Subdivision E of Division 3 of Part VIA.

Subrule 41(1) requires the Commission to fix a time and date for hearing an application under section 170CE.

Subrule 41(2) regulates the process for notifying the parties of the time and place fixed for the hearing,

Subrule 41(3) provides for additional documentation to accompany the notice given under subrule 41(2) if the Commission so directs.

Subrule 41(4) provides for the Commission to conciliate a matter in a manner otherwise than by convening a hearing.

Subrule 41(5) defines "hearing" to include a conference, or a proceeding conducted in private.

Rule 42 provides that if a matter is settled by conciliation, the Commission must require the parties to reduce the terms of settlement to writing, if practicable.

Rule 43 provides a procedure for the discontinuance of a matter.

Subrule 43(1) requires an applicant to discontinue a matter by filing a notice of discontinuance in accordance with Form R23.

Subrule 43(2) requires the notice of discontinuance to be filed personally, by post or facsimile transmission.

Subrule 43(3) requires that, after filing the notice of discontinuance, an applicant must immediately give to the employer personally, or by post or by facsimile transmission, a copy of the notice of discontinuance.

Subrule 43(4) provides that, if an applicant does not attend a conciliation, arbitration or related proceeding, the Commission, after giving the applicant a reasonable opportunity to be beard, may deem a matter to be discontinued by the applicant.

Subrule 43(5) provides that any matter deemed to be discontinued under subrule 43(4) may be restored for a conciliation, arbitration or related proceeding, only by application to a Presidential Member.

Rule 44 specifies the procedure to be followed when the Commission issues a certificate under subsection 170CF(2) of the Act, to the effect that the Commission has been unable to settle the matter.

Subrule 44(1) provides that the certificate must be signed by a Commission member, and may be in accordance with Form R24 (see Schedule).

Subrule 44(2) requires the Commission to give a copy of the certificate to each of the parties and to the Registrar.

Rule 45 regulates the procedure for an applicant to make an election to proceed to arbitration or to begin court proceedings.

Subrule 45(1) requires that an election, to proceed to arbitration or to begin court proceedings must be in accordance with Form R25 (see Schedule) and be lodged in the Industrial Registry.

Subrule 45(2) requires that an election under section 170CFA of the Act must be lodged before the end of 7 days after the day the certificate is issued by the Commission under subsection 170CF(2) of the Act, and may be lodged personally or by post or facsimile transmission.

Subrule 45(3) requires that an election lodged out of time must include a statement of the reasons why it would be unfair for the Commission not to accept the election.

Subrule 46(4) requires that after lodging an election, an applicant must immediately give a copy of the notice of election to the employer personally, or by post or facsimile transmission.

Rule 46 regulates the provision of a statement of reasons for decision.

Subrule 46(1) provides for the Commission to give to a party to the proceedings, upon a written request, a statement of reasons for a decision under subdivision B of Division 3 of Part VIA of the Act.

Subrule 46(2) provides that such a request under subrule 46(1) must be made before the end of 7 days after the date of the decision.

Rule 47 details the procedure relating to an application for an order for costs.

Subrule 47(1) requires that an application for an order for costs under section 170CJ of the Act be in accordance with Form R26 (see Schedule) and be made at the conclusion of proceedings before the Commission.

Subrule 47(2) requires that an application for an order for costs under section 170CJ of the Act not made at the conclusion of proceedings before the Commission, must be in accordance with Form R26 (see Schedule) and lodged in the Industrial Registry before the end of 14 days after the determination or discontinuance of the proceedings before the Commission.

Subrule 47(3) provides that costs are in the discretion of the Commission.

Subrule 47(4) provides that the Commission may order costs to be taxed or otherwise ascertained on, a party/party basis or on any other basis.

Rule 48 regulates the procedure where application is made for certification of an agreement that applies only to a single business or part of a single business between a constitutional corporation, or the Commonwealth, and an organisation of employees under section 170LJ or 170LL of the Act.

Subrule 48(1) requires lodgment of an application in accordance with Form R27 (see Schedule) accompanied by the agreement.

Subrule 48(2) requires lodgment of a statutory declaration by each party to the agreement in accordance with Form R28 (see Schedule).

Subrule 48(3) requires a Registrar to give notice of the time and place of hearing.

Rule 49 regulates the procedure where application is made for certification of an agreement that applies only to a single business or part of a single business between a constitutional corporation, or the Commonwealth, and employees under section 170LK of the Act.

Subrule 49(1) requires lodgment of an application in accordance with Form R29 (see Schedule) accompanied by the agreement.

Subrule 49(2) requires lodgment of a statutory declaration in accordance with Form R30 (see Schedule) by employer(s), an employee acting on his or her own behalf and on behalf of other employees (if applicable) and any organisation of employees that has notified the employer in writing that it wants to he bound by the agreement.

Subrule 49(3) requires a Registrar to give notice of the time and place of hearing.

Rule 50 regulates the procedure where application is made for certification of an agreement that applies only to a single business or part of a single business about industrial disputes and industrial situations under section 170LS of the Act.

Subrule 50(1) requires lodgment of an application in accordance with Form R31 (see Schedule) accompanied by the agreement.

Subrule 50(2) requires each party to the agreement to lodge a statutory declaration in accordance with Form R32 (see Schedule).

Subrule 50(3) requires a Registrar to give notice of the time and place of hearing.

Rule 51 regulates the procedure where application is made for certification of a multiple-business agreement under section 170LC of the Act.

Subrule 51(1) requires lodgment of an application in accordance with Form R33 (see Schedule) accompanied by the agreement.

Subrules 51(2) and (3) require each party to lodge a statutory declaration stating whether the requirements of Part VIB of the Act have been met and the grounds on which, in the public interest, the Commission should certify the agreement.

Subrule 51(4) requires a Registrar to give notice of the time and place of hearing.

Rule 52 regulates the procedure where application is made under section 170MC of the Act for extension of the nominal expiry date of an agreement.

Subrule 52(1) requires lodgment of an application in accordance with Form R34 (see Schedule) by the employer or (if one or more organisations of employees are bound by the agreement) one of the organisations. The application must be accompanied by a statutory declaration stating the facts on the basis of which the Commission can be satisfied that the requirements of subsection 170MC(3) of the Act have been met.

Subrule 62(1)(b)(ii) requires that if one or more organisations of employees are bound by the agreement, a statement signed by the employer and each organisation agreeing to the extension must also be lodged.

Subrule 52(2) requires a Registrar to give notice of the time and place of hearing.

Rule 53 regulates the procedure where application is made for approval of the Commission to vary a certified agreement under subsection 170MD(2) of the Act.

Subrule 63(1) requires lodgment of an application in accordance with Form R35 (see Schedule) by the employer or (if one or more organisations of employees are bound by the agreement) one of the organisations. The application must be accompanied by a copy of the variation or varied agreement and a statutory declaration stating the facts on the basis of which the Commission can be satisfied that the requirements of subsection 170MD(3) have been met.

Subrule 53(1)(b)(iii) requires that, if one or more organisations of employees are bound by the agreement, a statement signed by the employer and each organisation that they agree to the variation must also be lodged.

Subrule 53(2) states that if the Form R35 application is made by the employer, the accompanying statutory declaration must state whether the approval is sought in accordance with a request by one or more employees under subsection 170MDA(1) of the Act

Subrule 53(3) requires a Registrar to give notice of the time and place of hearing.

Rule 54 regulates the procedure where application is made by a person bound by the agreement to vary a certified agreement under subsection 170MD(6).

Subrule 54(1) requires lodgment of an application in accordance with Form R36 (see Schedule).

Subrule 54(2) requires a Registrar to give a copy of application and a completed notice of hearing to the applicant.

Subrule 54(3) requires the applicant to serve a copy of the application and notice of hearing on other persons bound by the agreement.

Rule 55 regulates the procedure where application is made to terminate an agreement under section 170MG of the Act.

Subrule 55(1) requires lodgment of an application in accordance with Form R37 (see Schedule) by the employer or (if one or more organisations of employees are bound by the agreement) one of the organisations. The application must be accompanied by a statutory declaration stating the facts on the basis of which the Commission can be satisfied that the requirement of subsection 170MG(3) of the Act has been met.

Subrule 55(1)(b)(ii) requires that, if one or more organisations of employees are bound by the agreement, a statement signed by the employer and each organisation that they agree to the termination must also be lodged.

Subrule 55(2) requires a Registrar to give notice of the time and place of hearing.

Rule 56 regulates the procedure where application is made to terminate a certified agreement in the public interest after the nominal expiry date under subsection 170MH(1) of the Act.

Subrule 56(1) requires lodgment of an application in accordance with Form R38 (see Schedule).

Subrule 58(2) provides that if the application is made by an appointed representative of a majority of employees whose employment is subject to the agreement, it must be accompanied by a statutory declaration of the representative stating the facts on the basis of which the Commission can be satisfied that the representative has been appointed by the employees and is acting in accordance with their direction.

Subrule 58(3) requires a Registrar to give notice of the time and place of hearing.

Rule 57 regulates the procedure where application is made for approval of termination of an agreement as provided under the agreement after the nominal expiry date under subsection 170MHA(1) of the Act.

Subrule 57(1) requires lodgment of an application in accordance with Form R39 (see Schedule) accompanied by a statutory declaration stating the facts on the basis of which the Commission can be satisfied that the requirements of paragraph 170MHA(1)(a) and (b) of Act have been met.

Subrule 57(2) requires a Registrar to give notice of the time and place of hearing.

Rule 58 regulates the procedure where notice is given of the initiation of a bargaining period under subsection 170MI(2) of the Act.

Subrule 58(1) requires a notice initiating a bargaining period to be in accordance with Form R40 (see Schedule).

Subrule 58(2) requires that if the initiating party intends to ask the Commission to exercise its powers to try. by conciliation, to facilitate the making of an agreement, the notice must include a statement to that effect.

Rule 6 regulates the procedure where notice is given to a Registrar of authorisation to engage in industrial action.

Subrule 59(1) requires that a notice to the Registrar under section 170MR of the Act of the giving of authorisation to engage in industrial action must be in accordance with Form R41 (see Schedule).

Subrule 59(2) provides that the notice must be lodged promptly in the Industrial Registry.

Rule 60 regulates the procedure where application is made to suspend or terminate a bargaining period.

Subrule 60(1) requires that an application to suspend or terminate a bargaining period under subsection 170MW(8) must be in accordance with Form R42 (see Schedule).

Subrule 60(2) requires the applicant to serve a copy of the application on other negotiating parties.

Subrule 60(3) requires a Registrar to give notice of the time and place of hearing.

Rule 61 regulates the procedure where application is made for revocation of an award made under section 170MX of the Act.

Subrule 61(1) requires that an application for revocation of an award made under section 170MX of the Act must be in accordance with Form R43 (see Schedule).

Subrule 61(2) requires a Registrar to give notice of the time and place of hearing.

Rule 62 regulates the procedure where a request is made for the Commission to terminate an award made under section 170MX of the Act.

Subrule 62(1) requires that a request under subsection 170MZ(5) of the Act to terminate an award made under section 170MX of the Act must be in accordance with Form R44 (see Schedule).

Subrule 62(2) requires a Registrar to give notice of the time and place of hearing.

Rule 63 regulates the procedure where application is made for the Commission to determine a designated award for the purposes of certified agreements.

Subrule 63(1) requires an application to determine a designated award under subsection 170MX(2) of the Act to be in accordance with Form R45 (see Schedule).

Subrule 63(2) provides that the Commission may fix a time and place for the hearing of the application.

Subrule 63(3) requires a Registrar to give notice of the time and place of hearing.

Rule 64 regulates the procedure for the summonsing of witnesses to the Commission

Subrule 64(1) provides that a summons under paragraph 111(1)(s) of the Act may only be issued with the approval of a member of the Commission.

Subrule 64(2) requires the summons to be in accordance with Form R46 (see Schedule) and signed by a member of the Commission or a Registrar.

Subrule 64(3) provides that any number of persons may be included in the summons.

Subrule 84(4) requires that each person named in the summons must be served with a copy in accordance with Rule 71.

Rule 65 provides a prescribed period of 28 days under subsection 142(8) of the Act for lodgment of a notice of objection in relation to variation of a common rule.

Rule 66 regulates the procedure for lodging notices with the Commission under a dispute settling procedure in an agreement.

Subrule 66(1) requires such a notice to be in accordance with Form R47 (see Schedule).

Subrule 66(2) requires a Registrar to give notice of the time and place of hearing.

Rule 67 regulates the procedure for applications under section 298Z of the Act to remove an objectionable provision from an award or certified agreement.

Subrule 67(1) requires a Registrar to give notice of the time and place of hearing and a copy of the application to the applicant.

Subrule 67(2) requires the applicant to effect service of a copy of the application and the completed notice of hearing on the other parties to the award or persons bound by the certified agreement, as the case may be.

Rule 68 regulates the procedure for applications under section 501 of the Act for minimum wage orders for certain Victorian employees.

Subrule 68(1) requires an application under section 501 of the Act to be in accordance with Form R49 (see Schedule).

Subrule 68(2) requires a Registrar to give notice of the time and place of hearing to the applicant and to publish a notice in the Australian Industrial Registry Bulletin in accordance with Form R50 (see Schedule). The Registrar is required to give a copy of the notice to the applicant.

Subrule 68(3) requires the applicant to effect service of a copy of the application and the notice of hearing in accordance with Form R50 (see Schedule) on relevant parties and the Minister.

Subrule 68(4) provides for the publishing of an order made under section 501 of the Act in the Australian Industrial Registry Bulletin if the Commission so directs.

Rule 69 regulates the procedure for settlement of an award or order.

Subrule 69(1) requires that, where a Full Bench has directed that a draft award or order be settled by a Registrar, the applicant or party so directed must lodged the draft award or order in the Industrial Registry before the end of 14 days.

Subrule 69(2) requires that, where a member of the Commission has directed a party to lodge a draft award or order, the party so directed must lodge the draft award or order in the Industrial Registry before the end of 14 days after the direction was given,

Subrule 69(3) requires that a Registrar must give notice to the parties of the Registrar's intention to settle the draft before the end of 14 days after the draft award or order was lodged in the Industrial Registry.

Subrule 69(4) requires a Registrar to give notice to parties of the Registrar's intention to settle the draft if a party has failed to lodge the draft award or order within the time prescribed by subrule 69.

Subrule 69(5) provides that a draft award or order may be lodged on computer diskette despite subrule 70(3).

Rule 70 regulates the procedure for lodgment of documents in the Industrial Registry for the use of the Commission.

Subrule 70(1) provides that a document for use in the Commission must be lodged, with 2 copies, in the Industrial Registry unless directed otherwise by the Rules or the Commission.

Subrule 70(2) provides that a document required to be lodged under Divisions 1 and 2 of Part VII, or Part VIII of the Regulations must be lodged, with 1 copy, in the Industrial Registry.

Subrule 70(3) regulates the size and format for documents lodged.

Rule 71 requires that all documents lodged in the Industrial Registry by a party in connection with a matter before the Commission must state the name, and address for service, of the party.

Rule 72 regulates the manner in which documents are to be served.

Subrule 72(1) requires that, unless otherwise provided by the Rules or directed by the Commission, a party must serve a document in the manner indicated in the Rules.

Subrule 72(2) provides the procedure for service of a document on an individual, a body corporate or an organisation or branch of an organization by describing the manner for leaving, tendering or posting a document.

Subrule 72(3) provides a definition of "secretary" and "registered office" in relation to a body corporate for the purpose of subrule 72(2).

Subrule 72(4) provides that where documents are posted, unless the contrary is proved, service is taken to have been effected at the time when the letter would, in the ordinary course of post, be delivered at the address to which it was posted.

Subrule 72(5) provides that a certificate from a General Manager of the Australian Postal Corporation stating that a letter which has been posted would, in the ordinary course of post, have been delivered on a specified day is evidence of the facts stated.

Subrule 72(6) states that a document purporting to be a certificate under subrule 72(5) must, unless the contrary is proven, be taken to be such a certificate and to have been duly given.

Rule 73 provides the procedure for applications to the Commission for alternative methods of serving documents other than those provided in Rule 72.

Subrule 73(1) provides that if provision is made for personal or other service of a document in a proceeding before the Commission, on application of a party, the Commission may make an order for substituted or other service by letter, facsimile transmission, public advertisement or otherwise.

Subrule 73(2) requires an application under subrule 73(1) to be in accordance with Form R51 (see Schedule), and be supported by a written statement by the applicant.

Subrule 73(3) provides that an order under subrule 73(1) may include directions that the notice contain particulars as specified by the Commission.

Rule 74 regulates procedure if the Commission is required to fix a time and place for hearing of a matter.

Subrule 74(1) provides that, if the Commission is required to fix a time and place for the hearing of a matter, the Commission must fix a time that is at least 10 working days after notice is given. The place fixed must take into account the convenience of any person who may be required to participate in proceedings.

Subrule 74(2) provides that the Commission is not required to comply with subrule 74(1) if, taking into consideration the urgency or importance of the matter, it is not reasonably practicable to do to or it is otherwise inconvenient to persons in the proceedings.

Subrule 74(3) provides that failure to comply with subrule 74(1) does not affect the validity of any act done by the Commission in relation to the matter.

Rule 75 regulates procedure for referral of a disagreement concerning the manner of establishing or varying a designated work group under section 24(4) of the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Subrule 75(1) requires a referral of a disagreement to the Commission as the reviewing authority to be in accordance with Form R52 (see Schedule).

Subrule 75(2) provides that the Commission may invite Comcare to participate in any proceedings in resolution of the matter in disagreement.

Rule 76 regulates procedure for appeals to the Commission under the provisions of the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Subrule 76(1) requires an appeal to the Commission as reviewing authority under section 48 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to be instituted by lodging with a Registrar a notice of appeal in accordance with Form R53 (see Schedule) and other specified documentation.

Subrule 76(2) provides that an appeal must be instituted before the end of 14 days after the date of the decision appealed against or, on application, within such further time as is allowed by the Commission.

Subrule 76(3) provides that an application to the Commission for leave to institute an appeal after the 14 days mentioned in subrule 76(2) must be made in accordance with Form R64 (see Schedule).

Subrule 76(4) provides that if the appellant seeks an order under section 48(3) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (that is, an order that the making of the appeal does affect the operation of the decision or prevent the taking of action to implement the decision), the notice of appeal must include an application to that effect.

Subrule 76(5) provides that if a person seeks an order under subsection 48(4) or (5) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (that is, an order that the operation of the relevant notice under section 29, or the relevant decision under section 47, of that Act, as the case may be, not be suspended pending determination of the appeal) the notice of appeal must include an application to that effect.

Subrule 76(6) requires that, on lodging a notice of appeal under subsection 48(1) of the Occupational Health and Safety (Commonwealth Employment) Act 1991, the appellant must, as soon as practicable, serve a copy of the documents lodged in accordance with subrule 76(1) on specified persons and groups.

Subrule 76(7) requires that, on lodging a notice of appeal under subsection 48(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991, the appellant must, as soon as practicable, serve a copy of the notice of appeal and documents lodged in accordance with subrule 76(1) on specified persons and groups.

Subrule 76(8) requires a Registrar to give notice to specified persons and groups of the time and place for hearing of an appeal.

Rule 77 contains a table setting out provisions of the Regulations and the name and number of the corresponding approved forms.

Rule 78 provides for the repeal of Statutory Rules 1989 No. 46; 1992 No. 391; 1994 Nos. 80, 246 and 464; 1995 No. 284 and 1996 Nos. 1 and 154.

Rule 79 is a transitional provision stating that a document that is lodged, or a proceeding that is commenced, under the Rules of the Australian Industrial Relations Commission as in force immediately before the commencement of these Rules is taken to be a document properly filed, or a proceeding properly commenced, at, the case may be, under these Rules.

Schedule provides for the Forms referred to in the Rules.