Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 3

Subsection 359(1) of the Workplace Relations Act 1996 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 170CE of the Act provides that an employee whose employment has been terminated by an employer may apply to the Australian Industrial Relations Commission (the Commission) for relief in respect of the termination of that employment on the ground that the termination was harsh, unjust or unreasonable, on the ground that the termination was unlawful, or on both grounds.

Section 170CJ of the Act sets out the instances where the Commission may make orders for the payment of costs in relation to termination of employment applications or proceedings under section 170CE.

Subsection 170CJ(5A) was inserted into the Act by the Workplace Relations Amendment (Termination of Employment) Act 2001 to provide for a schedule of costs to be prescribed in relation to items of expenditure likely to be incurred in respect of termination of employment applications or proceedings under section 170CE.

The purpose of the Regulations is to insert such a schedule of costs into the Workplace Relations Regulations 1996 and to provide for related matters.

Details of the Regulations are set out in the Attachment.

The Regulations commence on gazettal.

ATTACHMENT

Regulation 1

Regulation 1 sets out the name of the Regulations.

Regulation 2

Regulation 2 provides for the commencement of the Regulations on gazettal.

Regulation 3

Regulation 3 provides that the Workplace Relations Regulations 1996 are amended by Schedule 1.

Schedule 1 -- Amendments

Item 1

Item 1 inserts a new regulation 30BG into the Workplace Relations Regulations 1996 to, in turn, insert a new Schedule 5 to prescribe the costs under subsection 170CJ(5A) of the Workplace Relations Act 1996 that may be ordered by the Australian Industrial Relations Commission (the Commission) in relation to termination of employment applications or proceedings under section 170CE.

Regulation 30BG also addresses related issues, including the definition of terms in the schedule of costs, instances where more than one counsel may be briefed, and instances where the Commission may apply a charge to a person other than a solicitor as provided by section 42 of the Workplace Relations Act 1996.

Item 2

Item 2 inserts new Schedule 5 into the Workplace Relations Regulations 1996.

New Schedule 5 comprises 15 Parts relating to the Commission's procedures and practices for dealing with applications and proceedings before it.

Each Part in turn provides for matters relevant to such procedures and practices.

Part 1 (items 101 to 106) sets out the amounts that the Commission may order in respect of costs for issuing and taking instructions.

Part 2 (items 201 to 206) sets out the amounts that the Commission may order in respect of costs for preparing the types of documents specified.

Parts 3, 4 and 5 (items 301, 401 and 501) set out the amounts that the Commission may order in respect of costs for drawing, writing or typing and copying the documents specified.

Parts 6 and 7 (items 601 and 602 and item 701) set out the amounts that the Commission may order in respect of costs for perusing, scanning and examining documents.

Part 8 (items 801 to 806) sets out the amounts that the Commission may order in respect of costs for preparing the types of letters specified.

Part 9 (items 901 and 902) sets out the amounts that the Commission may order in respect of costs for serving documents.

Part 10 (items 1001 and 1002) sets out the amounts that the Commission may order in respect of costs for preparing appeal books.

Part 11 (items 1101 to 1112) sets out the amounts that the Commission may order in respect of costs for various types of attendances by clerks and solicitors -- for example, attendances on counsel, attendances to inspect documents, attendances by telephone, or attendances at the Commission.

Part 12 (item 1201) sets out the amounts that the Commission may order in respect of costs for matters involving the exercise of particular care or the application of particular skill.

Part 13 (items 1301 and 1302) sets out the amounts that the Commission may order in respect of costs for a solicitor appearing as Counsel.

Part 14 (items 1401 to 1403) sets out the amounts that the Commission may order in respect of costs for witnesses' expenses.

Part 15 (items 1501 to 1503) sets out the amounts that the Commission may order in respect of costs for specified disbursements.