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WORKPLACE RELATIONS AMENDMENT REGULATIONS 2005 (NO. 2) (SLI NO 42 OF 2005)
EXPLANATORY STATEMENT
Select Legislative Instrument 2005
No. 42
Issued by the authority of the Minister for Employment
and Workplace Relations
Workplace Relations Act 1996
Workplace
Relations Amendment Regulations 2005 (No. 2)
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.
Regulation 30BG was inserted into
the Workplace Relations Regulations 1996
by Statutory Rules 2004 no 291 to provide for the schedule of costs to be set
out in Schedule 5 of the Workplace
Relations Regulations 1996. Schedule
5 commenced on
The Federal Costs Advisory
Committee recommended that the four Federal Courts increase the scale of costs
in their respective Rules by 10.2%. The scale of costs in the Rules of the Federal
Court of Australia increased on
The Regulations will continue
the practice of maintaining a broad alignment with the costs set out in the
Federal Court Rules.
Details of the Regulations
are set out in the Attachment.
The Regulations commence on the
day after they are registered on the Federal Register of Legislative
Instruments.
The Regulations are a
legislative instrument for the purposes of the Legislative Instruments Act 2003.
ATTACHMENT
WORKPLACE RELATIONS AMENDMENT
REGULATIONS 2005 (No. 2)
Regulation 1 sets out the
name of the Regulations.
Regulation 2 provides for the
commencement of the Regulations on the day after they are registered on the
Federal Register of Legislative Instruments.
Regulation 3 provides that
the Workplace Relations Regulations 1996
are amended by Schedule 1.
Schedule 1 Amendments
Item 1
Item 1 provides for Schedule
5 of the Workplace Relations Regulations
1996 to be replaced with Schedule 1 as set out.
New Schedule 5 comprises 15 Parts
relating to the Commissions 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
fees 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.