Commonwealth Numbered Regulations - Explanatory Statements

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RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION (AMENDMENT) 1995 NO. 284

STATUTORY RULES 1995 No. 284

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 Industrial Relations Act 1988 (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, 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 2 October 1995.

Rule 2 provides for the amendment of the Rules.

Rule 3 omits Rule 30A and substitutes anew rule 30A and inserts a new Rule 30AA.

Rule 30A regulates the procedure for making an application for the certification of an agreement that applies only to a single business, part of a single business or a single place of work.

Subrule 30A(1) requires an application to be made in accordance with Form R6 (see Schedule) and be accompanied by a copy of the memorandum of agreement signed by the parties to the agreement

Subrule 30A(2) requires each party to an agreement, to lodge with the application for certification, a statutory declaration in accordance with Form R6AA (see Schedule).

Subrule 30A(3) regulates the manner in which parties to the agreement and other interested parties are notified of the time and place for hearing the application.

Rule 30AA regulates the procedure for making an application for the certification of an agreement that does W only apply to a single business, part of a single business or a single place of work.

Subrule 30AA(1) requires an application to be made in accordance with Form R6AB (see Schedule) and be accompanied by a copy of the memorandum of agreement signed by the parties to the agreement.

Subrule 30AA(2) requires each party to an agreement to lodge with - the application for certification, a statutory declaration.

Subrule 30AA(3) requires the statutory declaration referred to in subrule 30AA(2) to provide information in relation to the consultative process, the "no disadvantage" test, the protection of interests of certain employees and other technical requirements.

Subrule 30AA(4) regulates the manner in which parties to the agreement and other interested parties are notified of the time and place for hearing the application.

Rule 4.1 amends paragraph 30G(1)(a) to provide that an application for approval of implementation or variation of an enterprise flexibility agreement is to be by way of statutory declaration made in accordance with Form R8 (see Schedule).

Rules 4.2 and 4.3 omit subrules 30G(2) and (3) respectively as the requirements of these subrules have now been subsumed in the amended Rule 30G(1)(a) and more particularly Form R8.

Rule 15 creates a Schedule to amend and insert a number of new Forms as a consequence of amendments made to the Rules

Rule 15.1 substitutes Form R6 and inserts a new Form R6AA.

Form R6 is a revised form for making application under rule 30A for certification of an agreement which applies only to a single business, part of a single business or single place of work under subsection 170MA(4) of the Act.

Form R6AA is a new form which is provides a format for the statutory declaration referred to in subrule 30AM to provide information in relation to the consultative process, the 'no disadvantage' test, the protection of interests of certain employees and other technical requirements.

Form R6AB is a new form for making application under rule 30A for certification of an agreement which does not only apply to a single business, part of a single business or single place of work under subsection 170MA(4) of the Act.

Form R8 is a revised form for making application under rule 300 for approval of implementation or variation of an enterprise flexibility agreement under sections 170NA or 170NM of the Act as the case may be. Form R8 also provides a format for the application which is by way of a statutory declaration to provide information in relation to the consultative process, the 'no disadvantage' test, the protection of interests of certain employees and other, technical requirements.