Commonwealth Numbered Regulations - Explanatory Statements

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RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION (AMENDMENT) 1994 NO. 464

Statutory Rules 1994 No. 464

Rules of the Australian Industrial Relations Commission

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

Section 48 of the Industrial Relations Act 1988 (the Act) authorises the making of rules of the Australian Industrial Relations Commission (the Commission).

Subsection 48(1) of the Act authorises the President of the Commission by signed instrument, after consultation with members of the Commission, to 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.

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 that the Rules commence on 30 December 1994

Rule 2 provides for the amendment of the Rules.

Rule 3 omits Rule 2AA which provides that the Rules cease to have effect on 30 December 1994.

Rule 4 corrects a typographical error.

Rule 5.1 omits paragraphs 30A(3)(d), (e) and (f) and substitutes paragraphs 30A(3)(ca), (cb), (cc), (d), (c) and (f).

New paragraph 30A(3)(ca) requires an applicant under section 170MA of the Act for the certification of an agreement to identify each award including each State award referred to in paragraph 170MC(1)(a) of the Act.

New paragraph 30A(3)(cb) requires an applicant under section 170MA of the Act for the certification of an agreement to state the number of employees covered by the agreement.

New paragraph 30A(3)(ec) requires an applicant under section 170MA of the Act for the certification of an agreement to state the number of relevant employees covered by the agreement in each specified group of relevant employees for the purposes of Subsection 170MG(2) of the Act.

New paragraph 30A(3)(d) requires an applicant under section 170MA of the Act for the certification of an agreement to state whether, any employees covered by the agreement (and not referred to in paragraph 30A(3)(ec)) are relevant employees for the purposes of section 170MG(2) of the Act.

New paragraph 30A(3)(e) requires an applicant under section 170MA of the Act for the certification of an agreement to state the number and category of employees identified for the purposes of paragraph 30A(3)(d).

New paragraph 30A(3)(f) requires an applicant under section 170MA of the Act for the certification of an agreement to state whether the relevant employees identified in paragraphs 30A(3)(ec) and (d) were consulted about the agreement and informed about the matters referred to in subsection 170MG(3) of the Act.

Rule 5.2 inserts a new paragraph 30A(3)(ga) which requires an applicant under section 170MA of the Act for the certification of an agreement to state whether the agreement constitutes a closed agreement.

Rule 6.1 requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to identify any federal award referred to in paragraph 170NC(1)(b) of the Act

Rule 6.2 omits paragraphs 30G(3)(g), (h) and (i) and substitutes paragraphs 30G(3)(fa), (fb), (g), (h) and (1).

New paragraph 30G(3)(fa) requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to state the number of employees covered by the agreement.

New paragraph 30G(3)(fb) requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to state the number of relevant employees covered by the agreement in each specified group of relevant employees for the purposes of subsection 170NG(2) of the Act.

New paragraph 30G(3)(g) requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to state whether any employees covered by the agreement (and not referred to in paragraph 30G(3)(fb)) are relevant employees for the purposes of section 170NG(2) of the Act.

New paragraph 30G(3)(h) requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to state the number and category of employees identified for the purposes of paragraph 30G(3)(g).

New paragraph 30G(3)(i) requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to state whether the relevant employees identified in paragraphs 30G(3)(fb) and (g) were consulted about the agreement and informed about the matters referred to in subsection 170NG(3) of the Act.

Rule 6.3 inserts a new paragraph 30G(3)(k) which requires an applicant under section 170NA of the Act for the approval of implementation or variation of an enterprise flexibility agreement to state whether the agreement constitutes a closed agreement.

Rule 7 inserts new procedures for notices to the Commission under section 170QH of the Act and applications under section 170QK of the Act.

Rule 30PA requires a notice to the Commission under section 170QH of the Act that the Commission conciliate in relation to certain proposed agreements to be in accordance with Form R8J (see Schedule).

Rule 30PB requires an application under section 170QK of the Act to be in accordance with Form R8K.

Subrule 30PB(2) requires the applicant to serve a copy of the application on the other bargaining parties.

Subrule 30PB(3) provides for the giving of notice of the time and place of hearing to the bargaining parties.

Rule 8 inserts new procedures for an appeal and a referral of a disagreement to the Commission as the Reviewing Authority under the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Rule 39 regulates the procedure for an appeal under section 48 of the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Subrule 39(1) requires an appeal under section 49 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to be in accordance with Form R25 (see Schedule) and accompanied by various documents.

Subrule 39(2) requires an appeal to be instituted within 14 days after the date of the decision of the investigator appealed against.

Subrule 39(3) requires an application for leave to institute an appeal after 14 days to be in accordance with Form R26 (see Schedule).

Subrule 39(4) requires an applicant making an order under subsection 48(3) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to include an application to that effect in the notice of appeal.

Subrule 39(5) requires an applicant seeking an order under subsections 48(4) or (5) of the Occupational Health and Safely (Commonwealth Employment) Act 1991 to include an application to that effect in the notice of appeal.

Subrule 39(6) requires an applicant lodging a notice of appeal under subsection 48(1) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to serve a copy of the notice of appeal and accompanying documents on various persons.

Subrule 39(7) requires an applicant lodging a notice of appeal under subsection 49(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to serve a copy of the notice of appeal and accompanying documents on various persons.

Subrule 39(8) provides for the giving of the notice of time and place of hearing of the appeal to various persons.

Subrule 40(1) requires the referral of a disagreement under subsection 24(4) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to be in accordance with Form R27 (see Schedule).

Subrule 40(2) provides for the Commission to invite Comcare to participate in any proceedings.

Rule 9 creates a Schedule to amend and insert a number of new Forms as a consequence of amendments made to the Rules.

Rule 9.1 substitutes Form R6 which is a revised form for making application under Rule 30A for certification of an agreement.

Rule 9.2 substitutes Form R8 which is a revised form for making application under Rule 30G for approval of implementation or variation of enterprise flexibility agreement.

Rule 9.3 inserts a new Form R8J for giving notice under Rule 30PA to the Commission to conciliate in relation to certain proposed agreements and also inserts a new Form R8K for making application under Rule 30PB for orders in relation to negotiations for agreements.

Rule 9.4 inserts a new Form R25 for lodging under Rule 39 a notice of appeal under section 48 of the Occupational Health and Safety (Commonwealth Employment) Act 1991, a new Form R26 for lodging under Rule 39 an application for an extension of time for instituting an appeal under section 48 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 and a new Form R27 for referring under Rule 40 a disagreement concerning the manner of establishing or varying a designated work group.