Australian Industrial Relations Commission Rules 2007

Part 1 Preliminary

1 Citation [see Note 1]

These Rules are the Australian Industrial Relations Commission Rules 2007.

2 Commencement [see Note 1]

These Rules commence on the day after they are registered.

3 Interpretation

In these Rules:

Act means the Workplace Relations Act 1996.

Australian Industrial Registry Bulletin means the publication prepared and published by the Registrar, setting out:

(a) notices required by these Rules to be published in that Bulletin; and

(b) other information concerning notice of matters before the Commission or the practice and procedure of the Commission.

OHS Act means the Occupational Health and Safety Act 1991.

PSL Act means the Petroleum (Submerged Lands) Act 1967.

Pre‑reform Act means the Workplace Relations Act 1996 before the commencement of the Workplace Relations Amendment (Work Choices) Act 2005 on 27 March 2006.

RAO Regulations means the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003.

RAO Schedule means Schedule 1 to the Workplace Relations Act 1996.

Regulations means the Workplace Relations Regulations 2006.

4 Seals of Commission

(1) The seal mentioned in subsection 123 (1) of the Act must be:

(a) in the form represented below; and

View image in the official source

(b) kept in the custody of the President; and

(c) affixed to these Rules and other documents, as the President directs.

(2) A duplicate seal mentioned in subsection 123 (2) of the Act must be affixed to such documents as the Commission directs.

(3) The Deputy Industrial Registrar in charge of a registry must have custody of a seal that must:

(a) as nearly as practicable, be of the same design as the design of the seal of the Commission; and

(b) in respect of the Principal Registry — bear the words ‘Principal Registry’; and

(c) in respect of any other registry — bear the word “Registry” prefixed with the name of the State or Territory where the registry is situated.

(4) A seal of the kind described in subrule (3) must be affixed, by the appropriate registry, to:

(a) a decision, determination, award, certificate or order that has been reduced to writing; and

(b) any other document, as the Commission directs.

(5) If a document is required by these Rules to have the seal affixed, that requirement is satisfied if a facsimile of the seal is affixed on the document by electronic means, by or at the direction of, the person affixing the seal.

5 Forms

(1) Subject to subrule (3), a form in Schedule 1 must be used if it is applicable.

(2) An application for which no specific form is provided in the Regulations, the RAO Regulations or these Rules must be in accordance with Form R59.

(3) It is sufficient compliance with these Rules as to the form of a document if the document is substantially in accordance with the required form of the document or has only such variations as the nature of the case requires.

6 Relief from Rules

The Commission may dispense with compliance with any of the requirements of these Rules before or after the occasion for compliance arises.

7 Directions on manner and form of procedure

(1) If:

(a) a person wishes to commence a proceeding or take any step in a proceeding; and

(b) either:

(i) the manner, or form, of procedure is not prescribed by the Act, the Regulations, the RAO Regulations or these Rules or by or under any other Act; or

(ii) the person is in doubt as to the manner, or form, of procedure;

the Commission may, on application by the person, give directions.

(2) A step taken in accordance with a direction of the Commission is regular and sufficient.

Part 2 Australian Industrial Relations Commission

8 Commission acting on own motion

(1) If the Commission acts on its own initiative in accordance with section 91 of the Act, the Commission must notify a Registrar in writing.

(2) The Registrar notified under subrule (1) must process the matter as if it were an application under the relevant section of the Act which provides that the Commission may perform a function or exercise a power, on the Commission’s own initiative.

9 Assignment of industries and members

(1) If the President assigns an industry or group of industries to a panel of members of the Commission under section 95 of the Act, the President must record the assignment in writing.

(2) If the President assigns a Presidential Member to the Organisations Panel under section 14 of the RAO Schedule, the President must record the assignment in writing.

(3) A record of an assignment made under subrule (1) or (2) must be kept by the Industrial Registrar.

10 Delegation by President

If the President makes a delegation under section 96 of the Act, a copy of the instrument of delegation must be kept by the Industrial Registrar.

Part 3 Appeals, Reviews and References

11 Review on application by Minister

The procedure to be followed in an application under section 114 of the Act must be generally in accordance with the procedure prescribed by rule 13.

12 Restraining State industrial authorities

(1) An application for an order under section 117 of the Act must be signed by, or on behalf of, the applicant and must state:

(a) the name of the State industrial authority concerned; and

(b) the name of the matter being dealt with, or about to be dealt with, by the authority; and

(c) whether it is a matter before the Commission under the Act or the Registration and Accountability of Organisations Schedule; and

(d) the names of the parties; and

(e) the grounds in support of the application.

(2) An order restraining a State industrial authority must be served by a Registrar on the authority as soon as practicable after the making of the order.

13 Appeals to Full Bench

(1) An appeal to a Full Bench under section 120 or 121 of the Act must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R1 and 3 copies of the notice, together with 3 copies of a paginated appeal book containing:

(a) the award, order or decision under appeal; and

(b) the statement of the reasons for the award, order or decision; and

(c) the transcript of the evidence and argument in the proceedings from which the appeal is brought, or the relevant extract from the transcript; and

(d) each document that:

(i) was an exhibit, or a written submission, in the proceedings; and

(ii) relates to the grounds of appeal set out in the notice.

(2) An appeal must be instituted:

(a) within 21 days after the date of the award, order or decision appealed against; or

(b) on application — within such further time as is allowed by a Full Bench.

(3) An application to a Full Bench for leave to institute an appeal after the 21 days mentioned in paragraph (2) (a) or (b) must be in accordance with Form R2.

(4) If an applicant seeks a stay of the whole or part of the award, order or decision pending the determination of the appeal, the notice of appeal must include an application to that effect.

(5) On lodging a notice of appeal, the applicant must, as soon as practicable, serve:

(a) a copy of the notice of appeal and the appeal book lodged in accordance with subrule (1) on the other parties, and any intervener, in the proceedings from which the appeal is brought; and

(b) except in the case of an appeal against an order under Subdivision B of Division 4 of Part 12 of the Act, a copy of the notice of appeal on the Minister.

(6) On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice of the time and place so fixed to:

(a) the applicant; and

(b) the other parties, and any intervener, who appeared in the proceedings from which the appeal is brought; and

(c) such other persons, if the Commission so directs; and

(d) except in the case of an appeal against an order under Subdivision B of Division 4 of Part 12 of the Act, the Minister.

Part 4 Australian Industrial Registry

14 References by Registrar

If a Registrar refers a matter or question to the President for decision under section 145 of the Act, the Commission must:

(a) fix a time and place for the hearing; and

(b) give any directions to a Registrar that it thinks proper for notifying persons interested in the matter or question of the time and place so fixed.

15 Appeals from Registrar

(1) An appeal from a Registrar under section 147 of the Act must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R3.

(2) An appeal must be made within 21 days after the date of the decision or act appealed against, or of the Registrar’s refusal or failure to make a decision or do any act arising under the Act.

(3) If an applicant seeks a stay of the whole or part of the decision or act concerned pending the determination of the appeal, the notice of appeal must include an application to that effect.

(4) On lodging a notice of appeal, the applicant must, as soon as practicable, serve a copy of the notice on the other parties, and any intervener, in the proceedings from which the appeal is brought.

(5) On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice of the time and place so fixed:

(a) to the applicant; and

(b) as the presiding member directs, to the other parties, and any intervener, who appeared in the proceedings from which the appeal is brought; and

(c) to such other persons, if the Commission so directs.

(6) The Registrar against whose decision the appeal is made may, if the Commission thinks fit, be heard on the hearing of the appeal.

Part 5 Industrial Action

16 Notice of initiation of bargaining period

A notice, under subsection 423 (3) of the Act, initiating a bargaining period may be in accordance with Form R4.

Note If the notice initiating the bargaining period to the Commission is given by a bargaining agent, the notice must be accompanied by a document stating the name(s) of the employee(s) on whose behalf the agent is acting.

17 Application for an order to restrict initiation of a new bargaining period

(1) An application to the Commission, under subsection 429 (4) or (5) of the Act, to restrict a bargaining period must be in accordance with Form R5.

(2) The applicant must serve a copy of the application on the other negotiating parties as soon as practicable after the application is filed.

(3) On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to the former negotiating parties.

18 Application for an order to suspend, terminate or extend the suspension of a bargaining period

(1) An application to the Commission for an order under section 430, 431, 432 or 433 of the Act must be made:

(a) if the application is to suspend or terminate a bargaining period — in accordance with Form R6; or

(b) if the application is to extend the suspension of a bargaining period — in accordance with Form R7.

(2) The applicant must serve a copy of the application on all negotiating parties as soon as practicable after the application is filed.

(3) On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to the negotiating parties.

19 Notice terminating or suspending the bargaining period

(1) A notice to terminate or suspend the bargaining period must be:

(a) made:

(i) if the notice is terminating the bargaining period under subsection 430 (6) of the Act — in accordance with Form R8; or

(ii) if the notice is suspending the bargaining period under subsection 432 (6) of the Act — in accordance with Form R9; and

(b) signed by a member of the Commission.

(2) If the Commission issues a notice under either subsections 430 (6) or 432 (6) of the Act the Commission must give a copy of the notice to each of the negotiating parties.

20 Notice to Registrar of authorisation to engage in industrial action

(1) A notice to the Registrar, under paragraph 446 (1) (c) of the Act, of the giving of the authorisation to engage in industrial action must be in accordance with Form R10.

(2) The notice must be lodged promptly in the Industrial Registry.

21 An application for an order for protected action ballot to be held

(1) An application under section 451 of the Act must be in accordance Form R11.

(2) The applicant must serve a copy of the application but not the attachments on the employer and any person nominated to conduct the ballot within 24 hours of lodging the application in the Commission.

22 An application to add or remove names from the roll of voters for a protected action ballot

(1) An application for a declaration under section 468 of the Act must be made:

(a) if the application is for a declaration under subsection 468 (2) of the Act — in accordance with Form R13; or

(b) if the application is for a declaration under subsection 468 (3) of the Act — in accordance with Form R14.

(2) A copy of the application must be served on the negotiating parties, the authorised ballot agent and the independent adviser, if any, nominated in the ballot order.

23 An application to vary or revoke the order for a protected action ballot

(1) An application to vary or revoke the order for a protected action ballot must be made:

(a) if the application is to vary the order for a protected action ballot under section 469 of the Act — in accordance with Form R15.

(b) if the application is to revoke the order for a protected action ballot under section 470 of the Act — in accordance with Form R16.

(2) A copy of the application must be served, as soon as practicable after the application is lodged, on the negotiating parties, the authorised ballot agent and the independent adviser, if any, nominated in the ballot order.

24 Application for order to stop or prevent industrial action

(1) An application under subsection 496 (4) or subclause 51 (2) of Schedule 6 to the Act for an order to stop or prevent industrial action must be in accordance with Form R17.

(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(3) Subject to an order for substituted service under rule 73, the applicant must serve a copy of the application and completed notice of hearing on all persons against whom the order is sought as soon as practicable after the application is filed.

Part 6 Awards

25 Application to vary, revoke or suspend an award

(1) An application to vary, revoke or suspend an award under section 119, 553, 554, 556, 557, 558, 559, 560, 566 or 812 of the Act must be in accordance with Form R18.

(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(3) The applicant must serve a copy of the application and of the completed notice of hearing on the other parties to the award.

26 Application to vary or revoke a transitional award

(1) An application to vary or revoke a transitional award under clause 29, 30 or 31 of Schedule 6 to the Act must be in accordance with Form R19.

(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(3) The applicant must serve a copy of the application and of the completed notice of hearing on the other parties to the transitional award.

27 Application for an order for a transitional award to cease to be binding

(1) An application under clause 58 or 59 of Schedule 6 to the Act for an order for a transitional award to cease to be binding on the transitional employer must be in accordance with Form R20.

(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(3) The applicant must serve a copy of the application and of the completed notice of hearing on the employees and organisations bound by the transitional award.

28 Variation of common rules

(1) For subclause 85 (3) of Schedule 6 to the Act and subsection 142 (4) of the pre‑reform Act as it continues to apply under clause 84 of Schedule 6 to the Act, a notice of objection to a variation of a common rule must be in accordance with Form R23.

(2) For subclause 85 (7) of Schedule 6 to the Act and subsection 142 (8) of the pre‑reform Act as it continues to apply under clause 84 of Schedule 6 to the Act, the prescribed period is 28 days.

Part 7 Minimum Entitlements of Employees

29 Application for order requiring equal remuneration for work of equal value

(1) An application under section 625 of the Act for an order requiring equal remuneration for work of equal value must be in accordance with Form R25.

(2) On the Commission fixing a time and place for the conciliation or hearing of the application, a Registrar must:

(a) publish in the Australian Industrial Registry Bulletin a notice in accordance with Form R26; and

(b) give a copy of the notice to the applicant; and

(c) give additional notice, as the Commission directs.

(3) If the Commission makes an order under section 627 of the Act and directs that the order be published, a Registrar must publish the order in the Australian Industrial Registry Bulletin and in any other way that the Commission directs.

Part 8 Termination of Employment

30 Form of application under section 643 of the Act

(1) An application under subsection 643 (1) of the Act must be made in accordance with Form R27.

(1A) An application by a trade union under subsection 643 (3) of the Act must be made in accordance with Form R27A.

(1B) An application by a trade union, or an officer or employee of the trade union, under subsection 643 (4) of the Act must be made in accordance with Form R27A.

(2) An application mentioned in subrule (1) that is not signed by the applicant may be accepted if the application is made by a solicitor, trade union or other representative of the applicant.

(3) An application that is lodged out of time must include a statement of the reasons why the Commission should accept the application.

31 Notice of employer’s appearance

(1) The employer must file a notice of appearance in accordance with Form R28.

(2) The notice of appearance must be filed within 7 days after service of the application on the employer by the Registry.

(3) A motion to dismiss the application for want of jurisdiction must be made in accordance with Form R29 and is taken to be made on the date of filing.

(4) A motion to dismiss the application on the ground that it is frivolous, vexatious or lacking in substance must be made in accordance with Form R30 and is taken to be made on the date of filing.

(5) As soon as practicable after filing a notice of appearance and any motion for dismissal of the application, an employer must give to the applicant, a copy of the notice and motion.

(6) If possible, a Registrar must give a copy of the employer’s notice of appearance and any motion to the parties at the same time as the parties are first given notice under rule 34.

(7) A notice that is not signed by the employer may be accepted if the notice is prepared and signed by a solicitor, employer organisation or other representative of the employer.

(8) The Commission may permit an employer to appear (at any stage of a conciliation, arbitration or related proceeding under Subdivision B of Division 4 of Part 12 of the Act) despite the employer’s failure to file a notice of appearance.

(9) An employer who failed to file a Notice of Employers’ Appearance within the time allowed subrule (2), may be heard subject to such conditions as are imposed by the Commission.

32 Notice of representative’s appearance

(1) A person seeking to represent a party to a conciliation, arbitration or a related proceeding under Subdivision B of Division 4 of Part 12 of the Act, may enter an appearance by filing a notice of representative’s appearance in accordance with Form R31.

(2) The notice may be filed before the date fixed for the conciliation, arbitration or related proceeding.

(3) As soon as practicable after filing a notice of representative’s appearance, a person representing a party must give to the other party, a copy of the notice.

(4) If a Registrar is able, the Registrar must give a copy of the notice of representative’s appearance to the parties at the same time as the parties are first given notice of the time and place fixed for the conciliation, arbitration or related proceeding under rule 34.

(5) The Commission may permit a representative to appear (at any stage of a conciliation, arbitration or related proceeding) on behalf of a party despite the representative’s failure to file a notice of representative’s appearance.

(6) A notice of change of representative’s appearance is entered by filing a notice in accordance with Form R31.

33 Role of representative in relation to conciliation

(1) A person seeking to represent an applicant must:

(a) promptly advise the applicant of the importance of the applicant being present in person at the conciliation proceeding; and

(b) have sufficient authority to deal with the matter on behalf of the applicant.

(2) A person seeking to represent the employer must:

(a) promptly advise the employer of the importance of the employer, or a responsible officer of the employer, being present at the conciliation proceeding; and

(b) have sufficient authority to deal with the matter on behalf of the employer.

34 Notice of conciliation, arbitration or related proceeding

(1) Subject to subrule (4), for the purposes of conducting a conciliation, arbitration or related proceeding under Subdivision B of Division 4 of Part 12 of the Act, the Commission must fix a time and place for the hearing of the matter to which an application under section 643 of the Act relates.

(2) On the Commission fixing a time and place for the hearing of the matter, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to the parties to the application.

(3) The Commission may direct that additional documentation, as it considers necessary, must accompany the notice given under subrule (2).

(4) Nothing in this rule prevents the Commission from conciliating a matter otherwise than by convening a hearing.

(5) For this rule, hearing includes a conference, or a proceeding conducted in private.

35 Settlement by conciliation

If a matter is settled by conciliation under subsection 650 (1) of the Act, the Commission must require the parties to reduce the terms of settlement to writing, if it is practicable to do so.

36 Discontinuance of matter

(1) For subsection 643 (16) of the Act, an applicant may discontinue a matter by filing a notice of discontinuance in accordance with Form R32.

(2) As soon as practicable after filing a notice of discontinuance, an applicant must give to the employer, a copy of the notice.

37 Election to proceed to arbitration or to begin court proceedings

(1) An election by an applicant under section 651 of the Act must be in accordance with Form R33.

(2) As soon as practicable after lodging an election, an applicant must, give to the employer, a copy of the notice of election.

38 Costs

(1) An application for an order for costs under section 658 of the Act must be made in accordance with Form R34.

(2) The Commission may order that costs be taxed in accordance with Schedule 7 to the Regulations.

(3) The Commission may allow an item of work done or service performed to be costed at a lower rate than the rate (if any) specified for the item in Schedule 7 to the Regulations, if the lower rate is reasonable in the circumstances of the case.

(4) The power of the Commission to tax costs must be exercised only by a Presidential Member nominated, by signed instrument, by the President to be responsible for the exercise of the power.

39 Security for the payment of costs

(1) The Commission may, on application, order a party who made an application under section 643 of the Act, or who began proceedings relating to an application under section 643 of the Act, to give security for the payment of costs that may be awarded against him or her.

Note The Commission will not ordinarily make such an order before the conclusion of conciliation proceedings.

(2) An application to give security for the payment of costs must be made in accordance with Form R35.

(3) The security must be of such amount, and given at such time and in such manner and form, as the Commission directs.

(4) The Commission may reduce or increase the amount of security ordered to be given and may vary the time at which, or manner or form in which, the security is to be given.

(5) Without prejudice to other powers the Commission may exercise, if the Commission orders a party to provide security for costs, it may order that the application under section 643 of the Act or the proceedings begun in relation to the application under section 643, as the case may be, be adjourned until security is provided or adjourned indefinitely.

(6) The powers of the Commission under this rule may not be exercised by a member who has dealt, or is dealing, with the application under section 643 of the Act or proceedings relating to the application under section 643, unless directed by:

(a) the President; or

(b) another Presidential Member nominated, in writing, by the President.

Note For examples of proceedings under section 643 of the Act, see subsection 658 (10) of the Act.

40 Orders by Commission where employer fails to inform or consult trade union about terminations

(1) An application for an order under section 668 of the Act must be in accordance with Form R36.

(2) The applicant must serve a copy of the application on the employer and on each trade union that could, under section 668 of the Act, also have made an application.

(3) On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice of the time and place so fixed to:

(a) the applicant; and

(b) the employer; and

(c) each trade union to which subrule (2) applies.

Part 9 Dispute Resolution

41 Dispute resolution to be conducted by the Commission under Part 13 of the Act or a pre‑reform instrument

(1) An application under subsection 696 (5), 699 (1), 704 (1) or 709 (1) of the Act to have the Commission conduct a dispute resolution process must be in accordance with Form 5 of Schedule 1 to the Regulations.

Note For convenience, Form 5 of Schedule 1 to the Regulations is appended as part of these Rules and follows Form R36.

(2) An application to have the Commission conduct a dispute resolution process under a pre‑reform instrument (certified agreement or Australian Workplace Agreement) must be in accordance with Form R37.

(3) Where all parties to the dispute wish to have the dispute resolution process conducted by a particular member or members of the Commission an application lodged in accordance with subrule (1) may, with the consent of all parties to the dispute, include a request that the matter be allocated to that member or members.

Note It is advisable to nominate more than one member in case the preferred member is not available.

42 Disputes under Model Dispute Resolution Process – Notification to the Industrial Registrar where parties unable to agree on a provider

Notification under subsection 696 (3) of the Act to the Industrial Registrar where parties are unable to agree on a provider must be in accordance with Form R38.

43 Notification of industrial dispute involving a transitional employer arising from a log of claims

(1) A notification of an industrial dispute under clause 33 of Schedule 6 to the Act arising out of service of a log of claims must be in accordance with Form R39.

(2) The notification must be accompanied by:

(a) a copy of the letter of demand; and

(b) a copy of the log of claims; and

(c) a copy of the list of persons served in accordance with these Rules; and

(d) a statement, by a person having knowledge of the facts, asserting the service; and

(e) a statement, by an officer of the organisation serving the log of claims having knowledge of the facts and authorised for the purpose by the committee of management of the organisation, that the letter of demand and log of claims were served with the authority of the organisation; and

(f) a statement by an officer of the organisation serving the log of claims:

(i) that the officer believes each person served is an excluded employer within the meaning of Schedule 6 to the Act; and

(ii) that the officer believes each person served is bound by a transitional award(s) within the meaning of Schedule 6 to the Act; and

(iii) containing the name of the transitional award or awards.

44 Notification of other industrial disputes involving a transitional employer

(1) A notification of an industrial dispute under clause 33 of Schedule 6 to the Act, other than a dispute of the kind mentioned in rule 43, may be given orally, in writing, by facsimile transmission or any other means the Commission considers acceptable.

(2) The notification must disclose:

(a) the parties to the alleged industrial dispute; and

(b) the matters in dispute; and

(c) the titles of transitional awards that bind the transitional employer in respect of the transitional employees, and the grounds for alleging that the employer is a transitional employer within the meaning of Schedule 6; and

(d) any other relevant information.

(3) If the Commission is being asked to deal with the matter on the basis of an earlier finding of dispute, the case number of that dispute must be stated.

(4) If an oral notification is given, the notifier must confirm the notification in accordance with Form R39.

45 Notice of proceedings for dealing with a dispute involving a transitional employer

(1) If the dispute is not a dispute mentioned in rule 43, a Registrar must give notice, as the Commission directs, to each person alleged to be a party to the dispute.

(2) If the dispute is a dispute of the kind mentioned in rule 43, on the Commission fixing a time and place for the proceedings dealing with a dispute, a Registrar must give notice, as directed by the Commission, of the time and place so fixed to the notifier.

(3) The notifier must serve a copy of the notice on each person alleged to be a party to the dispute.

(4) A Registrar must give a notice of hearing of a dispute to the Minister, if the dispute is to be dealt with by a Full Bench.

Part 10 Right of Entry

46 Application for permit to enter and inspect premises

(1) An application under section 740 of the Act for a permit to enter and inspect premises must be in accordance with Form R40.

(2) The application must include a declaration signed by the member of the committee of management and the official in respect of whom the application is made setting out all relevant information in relation to the matters specified in subsection 742 (2) of the Act.

47 Application for revocation, suspension or for the imposition of conditions on a permit to enter and inspect premises

An application under section 744 of the Act must be in accordance with Form R41.

48 Application for an order for access to non‑member records

An application under paragraph 748 (9) (a) of the Act must be in accordance with Form R42.

49 Application for an exemption from requirement to provide entry notice

An application under section 750 of the Act must be in accordance with Form R43.

50 Application for orders in relation to abuse of system

An application under section 770 of the Act must be in accordance with Form R44.

51 Application for orders in relation to unreasonable requests by occupier or affected employer

An application under section 771 of the Act must be in accordance with Form R45.

52 Application for orders in relation to a dispute about the operation of Part 15 of the Act

An application under section 772 of the Act must be in accordance with Form R46.

53 Notice of proceedings for dealing with right of entry

On the Commission fixing a time and place for proceedings dealing with right of entry, a Registrar must give notice, of the time and place so fixed, to such organisations and persons as directed by the Commission.

Part 11 Representation Rights

54 Application to make or vary orders in relation to representation rights of organisations of employees or transitionally registered associations

(1) An application for an order under section 133 of the RAO Schedule or subregulation 2.1 (1) of Division 1, Part 2, Chapter 6 or subregulation 2.4 (1) of Division 2, Part 2, Chapter 6 of the Regulations, must be in accordance with Form R47.

(2) An application to vary an order under subclause 133 (2) of the RAO Schedule or regulation 2.2 of Division 1, Part 2, Chapter 6 or subregulation 2.4 (3) of Division 2, Part 2, Chapter 6 of the Regulations, must be in accordance with Form R48.

(3) The applicant must serve a copy of the application on any organisation, transitionally registered association of employees or person who may have an interest in the matter.

(4) On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice of the time and place so fixed to any organisation or person, as the Commission directs.

Part 11A Collective Agreements

54A Termination of collective agreement after nominal expiry date

(1) An application under section 397A of the Act to have a collective agreement terminated must be in accordance with Form R48A.

(2) If the application is made by an appointed representative of a majority of the employees whose employment is subject to the agreement, the application must be accompanied by a statutory declaration, made by the representative, that states the facts on the basis of which the Commission can be satisfied that the representative:

(a) has been appointed by the employees concerned; and

(b) is acting in accordance with their direction.

(3) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(4) The applicant must serve a copy of the application and of the completed notice of hearing on the other parties bound by the collective agreement.

Part 12 Extension, Variation and Termination of Pre‑Reform Instruments

55 Variation of pre‑reform certified agreement on application of person bound by the agreement

(1) An application for an order under subsection 170MD (6) of the pre‑reform Act, as continued in force under paragraph 2 (1) (i) or 13 (1) (k) of Schedule 7 to the Act, to vary a pre‑reform certified agreement must be in accordance with Form R49.

(2) An application for an order under paragraph 2A (1) (b) of Schedule 7 to the Act to vary a pre‑reform certified agreement must be in accordance with Form R49A.

(3) A Registrar must, if and as directed by the Commission, give notice of the time and place of any hearing of the application to:

55A Extension of pre‑reform certified agreement on application of person bound by the agreement

(1) An application for an order under paragraph 2A (1) (a) of Schedule 7 to the Act to extend the nominal expiry date of a pre‑reform certified agreement must be in accordance with Form R49B.

(2) A Registrar must, if and as directed by the Commission, give notice of the time and place of any hearing of the application to:

56 Termination of pre‑reform certified agreement at any time

(1) An application under section 170MG of the pre‑reform Act, as continued in force under paragraph 2 (1) (k) or 13 (1) (n) of Schedule 7 to the Act, for the approval of the Commission to terminate a pre‑reform certified agreement must be:

(a) in accordance with Form R50 and made by:

(i) the employer; or

(ii) if one or more organisations of employees are bound by the pre‑reform certified agreement — one of the organisations; and

(b) accompanied by:

(i) a statutory declaration, made by a person authorised to do so, that states the facts on the basis of which the Commission can be satisfied that the requirement of subsection 170MG (3) of the pre‑reform Act, as continued in force under paragraph 2 (1) (k) or 13 (1) (n) of Schedule 7 to the Act has been met; and

(ii) if one or more organisations of employees are bound by the pre‑reform certified agreement — a statement signed by the employer, and each organisation, that they agree to the termination.

(2) A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the application to:

(b) if one or more organisations of employees are bound by the pre‑reform certified agreement — each organisation; and

(c) any other person subject to the pre‑reform certified agreement.

57 Termination of pre‑reform certified agreement in public interest after nominal expiry date

(1) An application under subsection 170MH (1) of the pre‑reform Act, as continued in force under paragraph 2 (1) (k) or 13 (1) (n) of Schedule 7 to the Act to have a pre‑reform certified agreement terminated must be made in accordance with Form R51.

(2) If the application is made by an appointed representative of a majority of the employees whose employment is subject to the pre‑reform certified agreement, the application must be accompanied by a statutory declaration, made by the representative, that states the facts on the basis of which the Commission can be satisfied that the representative:

(a) has been appointed by the employees concerned; and

(b) is acting in accordance with their direction.

(3) A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the application to:

(b) if one or more organisations of employees are bound by the pre‑reform certified agreement — each organisation; and

(c) any other person subject to the pre‑reform certified agreement.

58 Termination of agreement in a way provided under certified agreement after nominal expiry date

(1) An application under subsection 170MHA (1) of the pre‑reform Act, as continued in force under paragraph 2 (1) (k) or 13 (1) (n) of Schedule 7 to the Act to have the termination of a pre‑reform agreement approved must be:

(a) in accordance with Form R52; and

(b) accompanied by a statutory declaration, made by a person authorised to do so, that states the facts on the basis of which the Commission can be satisfied that the requirements of paragraphs 170MHA (1) (a) and (b) of the pre‑reform Act, as continued in force under paragraph 2 (1) (k) or 13 (1) (n) of Schedule 7 to the Act have been met.

(2) A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the application to:

(b) if one or more organisations of employees are bound by the pre‑reform agreement — each organisation; and

(c) any other person subject to the pre‑reform agreement.

59 Application to terminate an Australian Workplace Agreement

(1) An application under subsection 170VM (3) of the pre‑reform Act as it continues to apply because of paragraph 17 (1) (c) of Schedule 7 to the Act for the Commission to terminate an Australian Workplace Agreement must be:

(a) made in accordance with Form R53; and

(b) accompanied by a copy of the Australian Workplace Agreement.

(2) A Registrar must give notice, if and as directed by the Commission, to the parties to the agreement.

59A Termination of an old IR agreement

(1) An application under clause 29A of Schedule 7 to the Act for an old IR agreement to be terminated must be:

(a) in accordance with Form R53A; and

(b) accompanied by a written statement by each party to the old IR agreement agreeing to the termination.

(2) A Registrar must, if and as directed by the Commission, give notice of the time and place of any hearing of the application to:

60 Application for revocation of an award made under section 170MX of the Act

(1) An application under subsection 170MZ (4) of the pre‑reform Act as continued by subparagraph 23 (2) (b) of Schedule 7 to the Act for revocation of a section 170MX award must be in accordance with Form R54.

(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give notice of the time and place so fixed to such organisations and persons as the Commission directs.

61 Request for Commission to terminate a section 170MX award

(1) A request, under subsection 170MZ (5) of the pre‑reform Act as continued by subparagraph 23 (2) (b) of Schedule 7 to the Act, to terminate a section 170MX award must be in accordance with Form R55.

(2) On the Commission fixing a time and place for the hearing of the request, a Registrar must give notice of the time and place so fixed to such organisations and persons as the Commission directs.

Part 13 State Instruments

61A Extension of a preserved collective State Agreement on application of person bound by the agreement

(1) An application for an order under paragraph 16A (1) (a) of Schedule 8 to the Act to extend the nominal expiry date of a preserved collective State agreement must be in accordance with Form R55A.

(2) A Registrar must, if and as directed by the Commission, give notice of the time and place of any hearing of the application to:

(a) the parties bound by the preserved collective State agreement; and

61B Variation of a preserved collective State Agreement on application of person bound by the agreement

(1) An application to vary a preserved collective State agreement under paragraph 16A (1) (b) of Schedule 8 to the Act must be in accordance with Form R55B.

(2) A Registrar must, if and as directed by the Commission, give notice of the time and place of any hearing of the application to:

(a) the parties bound by the preserved collective State agreement; and

62 Application to vary a Preserved State Agreement

(1) An application to vary a preserved State Agreement under clause 17 or 18 of Schedule 8 to the Act must be in accordance with Form R56.

(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(3) The applicant must serve a copy of the application and of the completed notice of hearing on the other parties bound by the preserved State agreement.

63 Application to vary a Notional Agreement Preserving State Awards

(1) An application to vary a notional agreement preserving State awards under clause 40 or 41 of the Schedule 8 to the Act must be in accordance with Form R57.

(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(3) The applicant must serve a copy of the application and of the completed notice of hearing on the other parties bound by the notional agreement or as directed by the Commission.

Part 14 Transmission of Business

64 Application for an order as to whether an incoming employer is to be bound by a pre‑reform certified agreement, a State transitional instrument or a collective agreement.

(1) An application for an order under section 590 of the Act or clause 14 or 23 of Schedule 9 to the Act must be in accordance with Form R58.

(2) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(3) The applicant must serve a copy of the application, and the completed notice of hearing, on the person and organisations as determined by section 594 of the Act or clause 18 or 27 of Schedule 9 as applicable.

Part 15 Miscellaneous

65 Summons to witness

(1) A summons, under paragraph 111 (1) (n) of the Act, may be issued only with the approval of a member of the Commission.

(2) The summons must be:

(a) in accordance with Form R60; and

(b) signed by a member of the Commission or a Registrar.

(3) Any number of persons may be included in the same summons.

(4) Service of the summons must be effected by serving on each person named in the summons a copy of the summons in accordance with rule 72.

66 Order for production of documents

(1) An order for the production of documents or things under paragraph 111 (1) (o) of the Act may be issued only with the approval of a member of the Commission.

(2) The order must be:

(a) in accordance with Form R61; and

(b) signed by a member of the Commission or a Registrar.

(3) Any number of documents or things may be included in the same order.

(4) Service of the order must be effected by serving on each person named in the order a copy of the order in accordance with Rule 72.

67 Settlement of award or order

(1) If a Full Bench directs that a draft award or order be settled by a Registrar, the party who was the applicant, or the party directed by the Full Bench, must, within 14 days (or such further time as the Registrar allows) after the direction was given, lodge the draft award or order in the Industrial Registry.

(2) If a member of the Commission directs a party to lodge a draft award or order, that party must, within 14 days (or such further time as the member allows) after the direction was given lodge the draft award or order in the Industrial Registry.

(3) A Registrar must, within 14 days after the draft award or order is lodged, give the parties notice of the Registrar’s intention to settle the draft.

(4) If the party who is required so to do fails to lodge the draft award or order within the time prescribed by this rule, the Registrar must give the parties notice of the Registrar’s intention to settle the draft.

(5) Despite subrule 68 (3), a draft award or order may be lodged in an electronic format approved by the Commission.

68 Documents

(1) Except as otherwise provided by these Rules, or as directed by the Commission, a document for use in the Commission must be lodged, with 2 copies, in the Industrial Registry.

(2) A document required to be lodged under Divisions 1 and 2 of Part 3, or Division 1 of Part 5, of the RAO Regulations must be lodged, with one copy, in the Industrial Registry.

(3) A document lodged for use in the Commission must be:

(a) on white international A4 size paper; and

(b) typewritten, clearly written or reproduced, on one side of the paper.

69 Filing and lodging electronically

(1) A document that is required or permitted to be filed by these Rules for use in the Commission may be lodged electronically in the Industrial Registry.

(2) A document is lodged electronically in the Industrial Registry by:

(a) completing and submitting a web‑based form made available on the Commission's Internet page at http://www.airc.gov.au in accordance with the instructions accompanying the form; or

(b) emailing the document in accordance with subrule (3).

(3) An email mentioned in paragraph (2) (b) must:

(a) be sent to an email address approved by the Industrial Registrar; and

(b) include the document to be filed as an attachment, in Rich Text Format or another format approved by the Industrial Registrar; and

(c) state, in the email:

(i) the name, address, telephone number and facsimile number (if any) of the natural person sending the email; and

(ii) an email address to which the Commission or the Registry can send notices or other documentation; and

(iii) if the document is an originating application — that fact, together with the State or Territory Registry in which the document is to be filed; and

(iv) if the document relates to an existing matter — the file number of the matter.

(4) A statutory declaration that is required by these Rules may be lodged or filed electronically by sending an image of the statutory declaration in accordance with subrule (2).

(5) If a document is lodged in accordance with subrule (2), a Registrar must send an acknowledgement of filing to the lodging party by email.

(6) A document lodged electronically is taken not to have been filed until the acknowledgement of filing mentioned in subrule (5) has been sent.

(7) If a document that is lodged under this rule and accepted at the Registry is a document that, under these Rules, is required to be:

(a) signed or stamped by the Commission or Registry; and

(b) returnable to the lodging party;

a Registrar must:

(c) if the sender requests that the document be held for collection — make a paper copy of the document and hold it for collection for 7 days; or

(d) if the sender does not request the document to be held for collection, or having made a request does not collect the document within 7 days — return the document by sending it electronically to the email address of the lodging party.

(8) A person who lodges a document electronically in the Industrial Registry must retain a paper copy of:

(a) the document: and

(b) either:

(i) the receipt that indicates the document was delivered; or

(ii) the email as a ‘sent item’ showing the transmission address and the date and time of transmission; and

(c) produce the paper copy of the documents retained under paragraphs (a) and (b), as directed by the Commission.

(9) For this rule, the Industrial Registrar must publish in the Australian Industrial Registry Bulletin notice of:

(a) any email address that is approved for the lodgement and filing of documents electronically; and

(b) any format in which electronic versions of documents will be accepted by the Industrial Registry.

70 Filing and lodging by facsimile transmission

(1) A document that is required or permitted to be filed by these rules for use in the Commission may be lodged by facsimile transmission in the Industrial Registry.

(2) The Registrar must approve at least one facsimile number for each Registry for the purpose of receiving documents.

(3) A document sent to a Registry by facsimile transmission must be:

(a) sent to an approved facsimile number for the Registry; and

(b) accompanied by a cover sheet clearly stating:

(i) the sender’s name, postal address, document exchange number (if any), telephone number and facsimile number; and

(ii) the number of pages transmitted; and

(iii) the processing of the document required.

(4) If the document is in an existing proceeding, it must be sent to an approved facsimile number for the Registry which is the proper place for the proceeding.

(5) If the document is required to be signed or stamped, and is accepted at the Registry, the Registrar must:

(a) make one copy of the document; and

(b) if the sender requests that the document be held for collection — hold it for collection for 7 days; and

(c) if the sender does not request the document to be held for collection, or having made a request does not collect the document within 7 days — return the document by sending it:

(i) by facsimile transmission to the facsimile number stated on the cover sheet; or

(ii) if there is no facsimile number stated, to the postal address stated on the cover sheet.

(6) A person who sends a document to a Registry by facsimile transmission must:

(a) keep the original document and the transmission report evidencing successful transmission; and

(b) produce the original document or the transmission report as directed by the Commission.

(7) If the Commission directs that the original document be produced, the first page of the document must be endorsed with:

(a) a statement that the document is the original of a document sent by facsimile transmission; and

(b) the date that the document was sent by facsimile transmission.

71 Name and address of party

Each document that is lodged by a party in connection with a matter before the Commission must state the name and address for service, phone number, facsimile number (if any) and email address (if any) of the party.

72 Service of documents

(1) Except as otherwise provided by these Rules, or as directed by the Commission, a party must serve a document lodged under these Rules.

(2) Service of a document on an individual, a body corporate or an organisation or branch of an organisation, must be effected by:

(a) leaving the document with the individual to whom it is addressed, the secretary of the body corporate or the secretary of the organisation or branch; or

(b) tendering the document to the individual to whom it is addressed, the secretary of the body corporate or the secretary of the organisation or branch; or

(c) leaving the document:

(i) with an individual, apparently above the age of 15 years, at the residence, or usual place of business, of the individual intended to be served; or

(ii) at the registered office of the body corporate or the office of the organisation or branch; or

(iii) in a proceeding in which the individual, body corporate or organisation or branch has lodged an address for service — at that address; or

(d) posting the document in a prepaid envelope sent by registered post to:

(i) the residence, or usual place of business, of the individual intended to be served; or

(ii) the secretary, at the registered office of the body corporate or at the office of the organisation or branch; or

(iii) in a proceeding in which the individual, body corporate or organisation or branch has lodged an address for service — at that address; or

(e) by facsimile transmission of the document to a facsimile number:

(i) currently published by the party being served as his, her or its facsimile number; or

(ii) advised by the party being served as his, her or its facsimile in response to a request for a facsimile number made immediately before the transmission of the document; or

(iii) appearing as the facsimile number of the party being served on a document lodged in the Commission by that party in the same matter;

provided that a transmission record showing the successful transmission is retained and produced if required by the Commission; or

(f) by emailing the document to an email address:

(i) currently published by the party being served as his, her or its email address; or

(ii) advised by the party being served as his, her or its email address in response to a request for an email address made immediately before the transmission of the document; or

(iii) appearing as the email address of the party being served on a document lodged in the Commission by that party in the same matter

provided that the party serving the document prints the email as a ‘sent item’ showing the transmission address and the date and time of transmission and that document so printed is retained and produced if required by the Commission; or

(g) if:

(i) the person to be served is an employee of the party serving the document; and

(ii) a common form of communication between the employer and the employee is by email to a particular email address; and

(iii) it is reasonable for the employer to expect that an email to that email address will be received by the employee;

then service on that individual may be effected by email to that email address provided that employer prints the email as a ‘sent item’ showing the transmission address and the date and time of transmission and that the document so printed is retained and produced if required by the Commission.

(3) For subrule (2):

registered office, in relation to such a body corporate, means the principal office or the principal place of business of the body corporate.

secretary, in the case of a body corporate that is a body corporate established under a law of the Commonwealth or of a State or Territory of the Commonwealth, means the secretary, clerk or other proper officer of the body corporate.

(4) If service of a document is effected by posting the document to the person to whom it is directed, service of the document must, unless the contrary is proved, be taken to have been effected at the time when the letter containing the document would, in the ordinary course of post, be delivered at the address to which it is posted.

(5) In any proceeding, a certificate under the hand of:

(a) a person occupying, or performing the duties of, the office of a General Manager, Australian Postal Corporation; or

(b) a person authorised in writing by such a person to give a certificate under this subrule;

stating that a letter posted (postage being prepaid) at a specified time, on a specified day, at a specified place and addressed to a specified address would, in the ordinary course of post, have been delivered at that address on a specified day is evidence of the facts stated.

(6) For subrule (5), a document purporting to be a certificate mentioned in that subrule must, unless the contrary is proven, be taken:

(a) to be such a certificate; and

(b) to have been duly given.

73 Directions as to service

(1) If provision is made for personal, or other, service of a document in a proceeding before the Commission, the Commission may, on the application of a party, make an order for substituted, or other, service of notice by letter, facsimile transmission, email, public advertisement or otherwise, for the purpose of bringing the document to the notice of the person to be served.

(2) The application mentioned in subrule (1) must be:

(a) in accordance with Form R62; and

(b) supported by a written statement that the person making the application is authorised to do so.

(3) If the Commission makes an order under subrule (1), the Commission may direct that the notice contain particulars specified by the Commission.

74 Requirement to fix time and place for hearing

(1) If the Commission is required to fix a time and place for the hearing of a matter, the Commission must:

(a) fix a time that is at least 10 working days after a Registrar is able to give notice of the time and place for hearing to, as the case requires:

(i) the parties to the proceedings; or

(ii) a party required to serve notice on another party, or other parties, to the proceedings; and

(b) fix a place that takes into account the convenience of any person who may be required to participate in the proceedings.

(2) The Commission is not required to comply with subrule (1) if:

(a) the Act otherwise requires; or

(b) taking into consideration the urgency or importance of the matter, it is not reasonably practicable to do so; or

(c) it is otherwise inconvenient to the persons in the proceedings.

(3) Failure to comply with subrule (1) does not affect the validity of any act done by the Commission in relation to the matter.

(4) Unless these Rules provide to the contrary, a party required to serve notice on another party, or other parties, to the proceedings must serve the notice as soon as practicable.

75 Electronic signatures

(1) If a document, other than a statutory declaration, is required by these Rules to be signed, that requirement is satisfied if a facsimile of the signature is affixed on the document by electronic means by, or at the direction of, the signatory.

(2) If a decision or determination is required by sections 567, 680, 777, 337K of Schedule 1 and Clause 61 of Schedule 6 to the Act to be signed by a Member of the Commission, that requirement is satisfied if a facsimile of the signature is affixed on the decision or determination by electronic means by, or at the direction of, the signatory.

76 Approved forms — Regulations

For a provision of the Regulations mentioned in an item in the table, the approved form is the form:

(a) the number of which is mentioned in column 3 of the item; and

(b) that is described in column 4 of the item.

Note The Regulations prescribe Form 5 of Schedule 1 to the Regulations for Chapter 2, regulation 13.2 of those Regulations (Application to have an alternative dispute resolution process conducted by the Commission).

77 Approved forms — RAO Regulations

For a provision of the RAO Regulations mentioned in an item in the table, the approved form is the form:

(a) the number of which is mentioned in column 3 of the item; and

(b) that is described in column 4 of the item.

78 Repeal of the Rules of the Australian Industrial Relations Commission

Statutory Rules 1999 Nos. 1, 71 and 276; 2000 No. 170; 2001 Nos. 39, 101 and 332; 2003 Nos. 6, 7, 86 and 298; 2004 Nos. 6 and 280; 2005 No. 151 are repealed.

79 Transitional provision

A document that is lodged, or a proceeding that is commenced, before the commencement of these Rules, may be taken by the Commission to be a document properly filed, or a proceeding properly commenced.

Part 16 Occupational Health and Safety Act 1991

80 Referral of disagreement concerning manner of establishing or varying a designated work group

(1) A referral of a disagreement, under subsection 24 (4) of the OHS Act, to the Commission as the reviewing authority must be made in accordance with Form R63.

(2) In resolution of the matter of disagreement, the Commission may invite Comcare to participate in any proceedings.

81 Appeals to Commission

(1) An appeal, under section 48 of the OHS Act, to the Commission as the reviewing authority must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R64 and 3 copies of the notice, together with 3 copies of:

(a) the investigator’s decision under appeal; and

(b) any notices issued relating to the decision under appeal; and

(c) any other document in the possession of the appellant that is relevant to the decision under appeal.

(2) An appeal must be instituted within 14 days after the date of the decision appealed against or, on application, within such further time as is allowed by the Commission.

(3) An application to the Commission for leave to institute an appeal after the 14 days mentioned in subrule (2) must be made in accordance with Form R65.

(4) If an appellant seeks an order under subsection 48 (3) of the OHS Act (that is, an order that the making of the appeal does affect the operation of the decision or prevent the taking of action to implement the decision), the notice of appeal must include an application to that effect.

(5) If a person seeks an order under subsection 48 (4) or (5) of the OHS Act (that is, an order that the operation of the relevant notice under section 29, or the relevant decision under section 47, of that Act, as the case may be, not be suspended pending determination of the appeal), the notice of appeal must include an application to that effect.

(6) On lodging a notice of appeal under subsection 48 (1) of the OHS Act, the appellant must, as soon as practicable, serve a copy of the documents lodged in accordance with subrule (1) on:

(a) the investigator who made the decision under appeal; and

(b) the relevant employer affected by the decision; and

(c) any person to whom a notice has been issued under subsection 29 (2), or subsection 47 (1), of the OHS Act; and

(d) if there is a designated work group that includes an employee affected by the decision:

(e) if there is no designated work group that includes an employee affected by the decision — the involved union in relation to an employee of the employer, being an employee who is affected by the decision; and

(f) a person who owns a workplace, plant, substance or thing to which the decision relates; and

(g) the Chief Executive Officer of Comcare; and

(h) the First Assistant Secretary, Australian Government Employment Group of the Department of Employment and Workplace Relations.

(7) On lodging a notice of appeal under subsection 48 (2) of the OHS Act, the appellant must, as soon as practicable, serve a copy of the notice of appeal and documents lodged in accordance with subrule (1) on:

(a) the investigator who made the decision under appeal; and

(b) the relevant employer affected by the decision; and

(c) if there is a designated work group that includes an employee affected by the decision:

(d) if there is no designated work group that includes an employee affected by the decision — the involved union in relation to an employee of the employer, being an employee who is affected by the decision; and

(e) the Chief Executive Officer of Comcare; and

(f) the First Assistant Secretary, Australian Government Employment Group of the Department of Employment and Workplace Relations.

(8) On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice to:

(a) the appellant; and

(b) the investigator who made the decision under appeal; and

(c) if there is a designated work group that includes an employee affected by the decision:

(d) if there is no designated work group that includes an employee affected by the decision — the involved union in relation to an employee of the employer, being an employee who is affected by the decision; and

(e) the Chief Executive Officer of Comcare; and

(f) the First Assistant Secretary, Australian Government Employment Group of the Department of Employment and Workplace Relations; and

(g) any other person, if the Commission so directs.

Part 17 Petroleum (Submerged Lands) Act 1967

82 Referral of disagreement concerning manner of establishing or varying a designated work group

(1) A referral of a disagreement, under subsection 12 (4) of Schedule 7 to the PSL Act, to the Commission as the reviewing authority must be made in accordance with Form R66.

(2) In resolution of the matter of disagreement, the Commission may invite the National Offshore Petroleum Safety Authority to participate in any proceedings.

83 Appeals to Commission

(1) An appeal, under section 37 of Schedule 7 to the PSL Act, to the Commission as the reviewing authority must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R67 and 3 copies of the notice, together with 3 copies of:

(a) the OHS inspector’s decision under appeal; and

(b) any notices issued relating to the decision under appeal; and

(c) any other document in the possession of the appellant that is relevant to the decision under appeal.

(2) An appeal must be instituted within 14 days after the date of the decision appealed against or, on application, within such further time as is allowed by the Commission.

(3) An application to the Commission for leave to institute an appeal after the 14 days mentioned in subrule (2) must be made in accordance with Form R68.

(4) If an appellant seeks an order under subsection 37 (3) of Schedule 7 to the PSL Act, (that is, an order that the making of the appeal does affect the operation of the decision or prevent the taking of action to implement the decision), the notice of appeal must include an application to that effect.

(5) If a person seeks an order under subsection 37 (4) or (5) of Schedule 7 to the PSL Act, (that is, an order that the operation of the relevant notice under section 17 of Schedule 7, or the relevant decision under section 36 of Schedule 7, to that Act, as the case may be, not be suspended pending determination of the appeal), the notice of appeal must include an application to that effect.

(6) On lodging a notice of appeal under subsection 37 (1) of Schedule 7 to the PSL Act, the appellant must, as soon as practicable, serve a copy of the documents lodged in accordance with subrule (1) on:

(a) the OHS inspector who made the decision under appeal; and

(b) the operator of the facility or any employer (other than the operator) affected by the decision; and

(c) any person to whom a notice has been issued under subsection 17 (2) or 36 (1) of Schedule 7 to the PSL Act; and

(d) if there is a designated work group having a group member affected by the decision:

(e) if there is no designated work group, and a member of the workforce affected by the decision has requested a workforce representative — that workforce representative; and

(f) a person who owns a workplace, plant, substance or thing to which the decision relates; and

(g) the Chief Executive Officer of the National Offshore Petroleum Safety Authority.

(7) On lodging a notice of appeal under subsection 37 (2) of Schedule 7 to the PSL Act, the appellant must, as soon as practicable, serve a copy of the notice of appeal and documents lodged in accordance with subrule (1) on:

(a) the OHS inspector who made the decision under appeal; and

(b) if there is a designated work group having a group member affected by the decision:

(c) if there is no designated work group, and a member of the workforce affected by the decision has requested a workforce representative — that workforce representative; and

(d) the Chief Executive Officer of the National Offshore Petroleum Safety Authority; and

(8) On the Commission fixing a time and place for the hearing of the appeal, a Registrar must give notice to:

(a) the appellant; and

(b) the OHS inspector who made the decision under appeal; and

(c) if there is a designated work group having a group member affected by the decision:

(d) if there is no designated work group, and a member of the workforce affected by the decision has requested a workforce representative — that workforce representative; and

(e) the Chief Executive Officer of the National Offshore Petroleum Safety Authority; and

(f) any other person, if the Commission so directs.