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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
What these rules do (mechanics)
Set out the standard forms and procedural steps the Australian Industrial Relations Commission (the Commission) uses when an employee, or a union on an employee’s behalf, applies for relief about a termination of employment under the Workplace Relations Act 1996. The relevant statutory hooks referred to in the forms include sections 170CL, 170CK, 170CM, 170CN, 170CE, 170CEAA, 170CF, 170CJ and related jurisdictional provisions (see the text of the forms and the extract of section 170CL included in the materials).
Require certain information to be provided on standard forms: the identity and contact details of employer and employee(s), the date the employee was given notice of the decision to terminate, the award or agreement under which the employee was employed, a short summary of the reasons given for the termination, whether a union or representative acts for the applicant, and particulars of any costs or contingency arrangements (see Forms R19–R24, R21A, R22, R23, R60A).
Prescribe time and service rules: an employee must generally lodge an application within 21 days of being given notice of the termination; if lodged after 21 days the Commission must decide whether to accept the late lodgment (Forms R19/R20 item on extension of time). An employer who intends to appear must file a Notice of Employer’s Appearance within 7 days of receipt of the application and must give the applicant a copy immediately after lodging (Form R21).
Require a lodgment fee to be paid on filing most termination applications: the forms state a fee of $52.40 is payable on lodgment under section 170CEAA unless a Registrar waives it; the forms also set out payment methods and note the fee can be refundable in certain circumstances (Forms R19, R20; see s 170CEAA reference on the forms).
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Direct links to the current provisions in Australian Industrial Relations Commission Rules 1998.
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Provide a process for employer jurisdictional objections: an employer may move to dismiss an application for want of jurisdiction using Form R21A. The motion is treated as made on the date of filing and must be served on the applicant immediately; documentation relied on to substantiate the jurisdictional objection must accompany the motion (Form R21A and related instructions). The forms list common jurisdictional grounds the employer may assert (for example: qualifying period not completed; specified-term or specified-task contract; short-term casual; probationary engagement; traineeship; or remuneration above a specified federal threshold) (see Form R21 / R21A text referring to sections 170CBA, 170CC and subsection 170CE(5A)).
Provide conciliation/arbitration steps and certification: if conciliation is attempted and found unsuccessful the Commission may issue a certificate under section 170CF (Form R24). That certificate may also include an indicated assessment of the merits and can trigger the applicant’s 7‑day right to lodge a notice of election (Form R24 / s 170CF references in the form).
Provide forms for related procedural steps: notice of representative’s appearance (Form R22), notice of discontinuance (Form R23), and notice of objection to award variation (Form R60A), each with their own lodgment and service instructions (Forms R22, R23, R60A).
Who this affects and who pays
Primary affected parties: employees who allege wrongful termination under the specified parts of the Workplace Relations Act 1996, unions acting for employees, and employers who must respond to applications and who may need to file notices or raise jurisdictional objections (Forms R19–R24, R21A).
Who pays: the applicant (employee or union filing) is required to pay a $52.40 lodgment fee on filing an application (Form R19 / s 170CEAA reference). The forms also record that, in some cases, the Commission may order costs (s 170CJ is referenced in the forms as allowing costs orders). Employers and applicants bear the costs of preparing filings, serving documents, and any legal or representative fees (Forms R21, R21A, R22).
Behavior the rules create or change (incentives and obligations)
Employers deciding to terminate 15 or more employees for economic/technological/structural-type reasons must give written notice of intended terminations to the prescribed body or the Secretary of the Department in the form prescribed by regulation and set out the reasons, numbers/categories affected and timing; and subsection (3) of the included section 170CL text prohibits termination under the decision unless the employer has complied with the notice requirement (see printed text of s 170CL in the material). That creates a legal precondition employers must follow before effecting mass terminations in the circumstances described.
Applicants face tight time limits and a filing fee. Filing late triggers a Commission discretion to accept or refuse late lodgment; applicants must state reasons for seeking an extension (Form R19 item 7). This creates an incentive to lodge promptly and a procedural barrier if delayed.
Employers are prompted to move early on jurisdictional points: Form R21A makes a motion to dismiss for want of jurisdiction a discrete, early step and requires supporting documentation. The form notes specific statutory jurisdictional grounds (see references to s 170CBA, s 170CC and subsection 170CE(5A)). The motion is deemed made on filing, and must be served to the other party immediately.
Compliance burden and operational costs
Administrative compliance: completion and accurate lodgment of standard forms, payment of the lodgment fee, and prompt service of notices (applicants must provide particulars; employers must file appearance notices within 7 days and serve copies; motions and certificates must be served immediately after filing — see Forms R21, R21A, R24). These requirements create routine administrative work for employers, unions and employees.
Evidence and documentation: an employer filing a jurisdictional objection must accompany the motion with documentation to substantiate the objection (Form R21A). Preparation of factual material and legal submissions will typically involve legal or representative costs.
Potential for costs orders: the forms explicitly warn about section 170CJ which allows the Commission, in certain circumstances, to order costs against a party (forms cite s 170CJ). That introduces a financial risk to tactical or unmeritorious filings.
Bureaucratic discretion and decision points
Commission discretion over late lodgments: the forms make clear that if an application is lodged more than 21 days after the notice of decision to terminate, the Commission must decide whether accepting it would be unfair not to do so (Form R19 / note regarding 21 days). That is an explicit discretionary gate.
Commission role in conciliation and certification: the Commission can certify conciliation as unsuccessful and indicate an assessment of merits; it may recommend that an applicant not pursue the application and can state it considers the applicant has no reasonable prospect of success (Form R24 referencing s 170CF). These certificates affect whether a matter proceeds to arbitration.
Registrar discretion on fee waivers: the forms note that the Registrar may approve waiving the lodgment fee (Form R19 / s 170CEAA reference).
Effects on private choice and enterprise (source‑grounded observations)
Managers’ contractual freedom to terminate is constrained procedurally in at least two ways: (1) where s 170CL applies a statutory precondition (notice to prescribed body/Secretary and content requirement) must be met before certain multi‑employee terminations; and (2) potential exposure to Commission proceedings (and costs) gives employers an incentive to follow procedural steps carefully (text of s 170CL as included; Forms R19/R21/R21A). The material does not create or quantify substantive compensation entitlements here; it sets procedural pathways.
Small but definite transactional costs arise for all parties: the lodgment fee, administrative time to complete forms and to serve documents, and the likely need for legal or union representation in contested matters (Forms R19–R24, R21A, R22). The Commission’s capacity to order costs means parties internalise some of the litigation risk (forms cite s 170CJ).
Trade‑offs, implementation risk and opportunities for error
Trade‑offs: quicker access to a Commission remedy is balanced against strict procedural time limits and evidentiary requirements. Late lodgments may be refused unless the Commission exercises discretion; jurisdictional objections can truncate matters quickly if successful (Forms R19 item 7; Forms R21/R21A).
Implementation risks: omissions or errors on standard forms, late service, or failure to pay or document the lodgment fee can create procedural bars (the forms repeatedly stress service and timing obligations, and the fee requirement under s 170CEAA).
Burden of proof for jurisdictional objections: the employer must accompany a jurisdictional motion with documentation (Form R21A), which shifts practical burdens onto employers to assemble factual/contractual material early in the process.
Concentrated beneficiaries and costs (source‑grounded)
Concentrated beneficiaries: unions and individual employees who use the process to challenge terminations gain a defined, procedural route (Forms R19/R20). Employers incur concentrated compliance costs in preparing notices and in dealing with motions.
Diffuse costs: administrative burden across the registry and the need to process forms and certificates are implied by the number of prescribed forms and filing steps (many distinct forms: R19–R24, R21A, R22, R23, R60A).
Primary statutory references in the material
Notice and precondition for mass terminations: text of section 170CL appears in the material and explains the employer notice requirement and the prohibition on terminating unless subsection (2) is complied with (text of s 170CL included in the forms).
Fee: s 170CEAA is repeatedly cited on forms as the basis for a $52.40 lodgment fee unless waived by a Registrar (Forms R19, R20).
Costs: section 170CJ is mentioned on the forms as enabling costs orders in certain circumstances (Forms R19, R20).
Jurisdictional bases and examples: forms refer to jurisdictional provisions (s 170CBA, s 170CC and subsection 170CE(5A)) and give examples such as qualifying period, specified-term or specified-task contracts, short-term casuals, probation, traineeships, high-remuneration employees and constitutional corporation status as possible grounds for want-of-jurisdiction motions (Form R21 / R21A text).
Practical takeaway (what parties will actually do)
Employees/unions: complete and lodge the relevant form (R19 or R20) promptly, pay the lodgment fee or seek a waiver, attach reasons and any supporting documents, and be prepared for conciliation; if a Form R24 certificate is issued they have 7 days to elect arbitration.
Employers: check the application on receipt, file Form R21 within 7 days and serve the applicant, decide whether to run a jurisdictional objection (Form R21A) with supporting documentation, and be mindful of potential costs orders and the requirement to follow the notice rule for large-scale terminations (s 170CL).
This summary describes the procedural framework and practical obligations the supplied forms create; it does not expand or restate substantive statutory rights beyond the operation of those forms and the brief extract of s 170CL included in the supplied material.