Organised Personnel Placement - An Australia-wide job placement agency

I, PHILIP MICHAEL JEFFERY, Governor General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Workplace Relations Act 1996 and the Workplace Relations Amendment (Work Choices) Act 2005.

Chapter 1 Preliminary

1.1 Name of Regulations

These Regulations are the Workplace Relations Regulations 2006.

1.2 Commencement

These Regulations commence on the commencement of Schedule 5 to the Workplace Relations Amendment (Work Choices) Act 2005.

Note Schedule 5 renumbers the Workplace Relations Act 1996 so that the amended Act is sequentially numbered from section 1.

1.3 Definitions

In these Regulations, unless the contrary intention appears:

Act:

(a) means the Workplace Relations Act 1996, as amended by the Work Choices Act; but

(b) does not include Schedule 1 to the Workplace Relations Act 1996 or regulations made under that Schedule.

approved form means a form approved by the President for the purposes of the provision in which the expression is used.

Form means a form set out in Schedule 1.

pre reform Act means the Act as in force just before the reform commencement.

pre reform Regulations means the Workplace Relations Regulations 1996 as in force just before the reform commencement.

transitional award has the meaning given by subclause 2 (1) of Schedule 6 to the Act.

transitional employee has the meaning given by subclause 2 (1) of Schedule 6 to the Act.

Work Choices Act means the Workplace Relations Amendment (Work Choices) Act 2005.

Workplace Relations Minister means the Minister administering Part 1 of the Workplace Relations Act 1996.

Note A number of words and expressions used in these Regulations have the meanings given by section 4 of the Act, including reform commencement.

1.4 Definition of employing authority in subsection 4 (1) of the Act — prescribed persons and bodies

For the purposes of the definition of employing authority in subsection 4 (1) of the Act, each of the persons or bodies specified in column 3 of an item in Schedule 2 is prescribed as the employing authority in relation to the class of employees specified in column 2 of that item.

1.5 Definition of public sector employment in subsection 4 (1) of the Act — prescribed laws and persons

(1) For paragraph (g) of the definition of public sector employment in subsection 4 (1) of the Act, each of the following laws is prescribed:

(a) Naval Defence Act 1910;

(b) Supply and Development Act 1939;

(d) Governor General Act 1974.

(2) For paragraph (h) of the definition of public sector employment in subsection 4 (1) of the Act, each of the following classes of persons is prescribed:

(a) members of the Defence Force;

(b) members of the Police Force of the Northern Territory;

(i) a Commonwealth authority referred to in Schedule 3; or

(ii) a body that is a subsidiary of a Commonwealth authority referred to in Schedule 3 in which body the Commonwealth authority has a controlling interest;

(d) persons who hold an office established under a law of the Commonwealth or of a Territory, other than persons who, otherwise than in their capacity as the holder of such an office, are employed or serve in a capacity described in paragraphs (a) to (g) of that definition of public sector employment.

Example

An example of a person who would fall within the exception to paragraph (d) is an APS employee who also holds a part time statutory office, or who is granted leave without pay from his or her APS employment in order to take up a full time statutory office.

(3) For paragraph (i) of the definition of public sector employment in subsection 4 (1) of the Act, the Prisons (Correctional Services) Act 1980 of the Northern Territory is prescribed.

1.6 Repeal of Workplace Relations Regulations 1996

The Workplace Relations Regulations 1996 are repealed.

Chapter 2 General regulations for the Workplace Relations Act 1996

Part 1 Preliminary

Division 1 Exclusion of persons insufficiently connected with Australia

1.1 Crew members of commercial vessels

(1) For subsection 12 (1) of the Act, a provision of the Act specified in an item of Table 1.1 does not apply to a person or entity specified in the item.

Table 1.1

Item

These provisions …

do not apply to …

All provisions of the Act, other than:

(a) section 16; and

(b) any definition of general application in section 4, or another provision, that relates to section 16

A person who:

(a) is a non citizen; and

(b) is a member of the crew performing duties on a permit ship

All provisions of the Act, other than:

(a) section 16; and

(b) any definition of general application in section 4, or another provision, that relates to section 16

A foreign corporation in the capacity as the employer of a person who:

(a) is a non citizen; and

(b) is a member of the crew performing duties on a permit ship

(2) In Table 1.1:

non citizen has the same meaning as in the Migration Act 1958.

permit ship means a ship:

(a) to which a permit has been granted under section 286 of the Navigation Act 1912 for a single voyage or as a continuing permit; and

(b) for which the permit is in force.

Division 2 Act excludes some State and Territory laws

1.2 State and Territory laws that are not excluded by the Act — general

(1) For paragraph 16 (2) (b) of the Act, subsection 16 (1) of the Act does not apply to a law of a State or Territory of a kind that is mentioned in this regulation.

Note Under subsection 16 (1) of the Act, the Act is intended to apply to the exclusion of specified laws of a State or Territory so far as they would otherwise apply in relation to an employee or employer. The subsection lists the kinds of laws that are excluded.

However, subsection 16 (1) does not apply to a law of a State or Territory so far as the law is prescribed by the regulations as a law to which the subsection does not apply.

Rights and obligations — general

(2) Subsection 16 (1) does not apply to a law of a State or Territory (including a law relating to appeals) to the extent to which it relates to compliance with an obligation:

(a) under:

(i) that law; or

(ii) another law of a State or Territory;

which would otherwise be excluded by subsection 16 (1) of the Act; and

(b) in respect of an act or omission which occurred prior to the reform commencement.

Rights and obligations — injunctions

(3) However, subregulation (2) does not apply to the extent to which that law of a State or Territory, or another law, provides for the granting of an injunction in relation to conduct that has not yet occurred.

Note The effect of subregulation (3) is that subsection 16 (1) of the Act will apply to a law of a State or Territory to the extent to which it deals with injunctions about rights or obligations in relation to future conduct, and the Act will apply to the exclusion of that law of the State or Territory.

Termination of employment

(4) Subsection 16 (1) does not apply to a law of a State or Territory (including a law relating to appeals) to the extent to which it relates to a termination of employment that occurred before the reform commencement.

Unfair contracts

(5) Subsection 16 (1) does not apply to a law of a State or Territory (including a law relating to appeals) to the extent to which it:

(a) relates to proceedings that commenced before the reform commencement; and

(b) provides for the variation or setting aside of rights and obligations arising under:

(i) a contract of employment; or

(ii) another arrangement for employment;

that a court or tribunal finds is unfair.

Succession, transmission or assignment of business

(6) Subsection 16 (1) does not apply to a law of a State or Territory (including a law relating to appeals) to the extent to which it relates to a succession, transmission or assignment of a business, or a part of a business, that occurred before the reform commencement.

1.3 State and Territory laws that are not excluded by the Act — specified laws

Industrial Relations Act 1999 of Queensland

For paragraph 16 (2) (b) of the Act:

(a) paragraph 73 (2) (f) of the Industrial Relations Act 1999 of Queensland is prescribed to the extent to which that paragraph provides a remedy for the dismissal of a person for the making by anyone, or a belief that anyone has made or may make:

(i) a public interest disclosure under the Whistleblowers Protection Act 1994 of Queensland; or

(ii) a complaint under the Health Rights Commission Act 1991 of Queensland; and

(b) a provision of the Industrial Relations Act 1999 of Queensland is prescribed to the extent to which the provision facilitates or otherwise gives effect to paragraph 73 (2) (f); and

(c) a provision of the Industrial Relations Act 1999 of Queensland is prescribed to the extent to which the provision facilitates or otherwise gives effect to section 74 of the Workplace Health and Safety Act 1995 of Queensland.

1.4 Exclusion of prescribed State and Territory laws

Contracts Review Act of New South Wales

(1) For subsection 16 (4) of the Act, the Contracts Review Act 1980 of New South Wales is prescribed to the extent to which that Act applies to:

(a) a contract that:

(i) involves an employer and an employee; and

(ii) deals with their employment relationship; and

(b) a matter that occurred after the reform commencement.

Note Subsection 16 (4) of the Act provides that the Act is intended to apply to the exclusion of a law of a State or Territory that is prescribed by the regulations for the purposes of the subsection.

(2) In subregulation (1):

employee has the meaning given by subsection 5 (1) of the Act.

employer has the meaning given by subsection 6 (1) of the Act.

Division 3 Awards, agreements and Commission orders prevail over State and Territory law etc

1.5 Laws about training arrangements

(1) For paragraph 17 (2) (b) of the Act, the laws of a State or Territory set out in this regulation are prescribed as laws to which awards and workplace agreements are not subject.

Note Under subsection 17 (2) of the Act, a term of an award or workplace agreement dealing with:

(a) occupational health and safety; or

(b) workers compensation; or

(d) a matter prescribed by the regulations;

has effect subject to a law of a State or Territory dealing with the matter, except a law that is prescribed by the regulations as a law to which awards and workplace agreements are not subject.

Monetary allowances and benefits

(2) A law of a State or Territory is prescribed to the extent to which it:

(a) relates to training arrangements; and

(b) deals with, or allows arrangements to be made for:

(i) remuneration, including basic rates of pay; or

(ii) any other payment of an amount of money to an employee.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Non monetary allowances and benefits

(3) A law of a State or Territory is prescribed to the extent to which it:

(a) relates to training arrangements; and

(b) deals with, or allows arrangements to be made for, an allowance or benefit that is not made available as money.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Example

The provision of uniforms, tools or meals.

Leave

(4) A law of a State or Territory is prescribed to the extent to which it:

(a) relates to training arrangements; and

(b) deals with, or allows arrangements to be made for:

(i) leave (whether paid or unpaid); or

(ii) leave loadings.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Example

The provision of:

(a) annual leave; or

(b) long service leave; or

(d) bereavement leave; or

(e) leave without pay.

Public holidays

(5) A law of a State or Territory is prescribed to the extent to which it:

(a) relates to training arrangements; and

(b) deals with, or allows arrangements to be made for, the observance of:

(i) days declared by or under a law of the State or Territory to be observed generally within that State or Territory, or a region of that State or Territory, as public holidays by employees who work in that State, Territory or region, and entitlements of employees to payment in respect of those days; and

(ii) days to be substituted for, or a procedure for substituting, days mentioned in subparagraph (i).

Note Training arrangement is defined in subsection 4 (1) of the Act.

Hours of work

(6) A law of a State or Territory is prescribed to the extent to which it:

(a) relates to training arrangements; and

(b) deals with, or allows arrangements to be made for:

(i) ordinary time hours; or

(ii) the time within ordinary time hours are performed; or

(iii) overtime or additional hours; or

(iv) rest breaks; or

(v) notice periods; or

(vi) variations to working hours; or

(vii) rostering arrangements.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Types of employment

(7) A law of a State or Territory is prescribed to the extent to which it:

(a) relates to training arrangements; and

(b) deals with, or allows arrangements to be made for, types of employment.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Examples

Full time employment, casual employment, regular part time employment and shift work.

Probationary employment

(8) A law of a State or Territory is prescribed to the extent to which it:

(a) relates to training arrangements; and

(b) deals with, or allows arrangements to be made for, probationary employment.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Termination of employment

(9) A law of a State or Territory:

(a) is prescribed to the extent to which it relates to training arrangements and deals with, or allows arrangements to be made for:

(i) the way in which employment is terminated; or

(ii) the entitlements that may apply if employment is terminated; or

(iii) the remedies available to a person whose employment is terminated; but

(b) is not prescribed to the extent to which it deals with, or allows arrangements to be made for, the termination of a training contract or a training agreement.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Stand down

(10) A law of a State or Territory is prescribed to the extent to which it:

(a) relates to training arrangements; and

(b) deals with, or allows arrangements to be made for, the standing down of employees.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Jury service

(11) A law of a State or Territory is prescribed to the extent to which it:

(a) relates to training arrangements; and

(b) deals with, or allows arrangements to be made for, jury service.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Superannuation

(12) A law of a State or Territory is prescribed to the extent to which it:

(a) relates to training arrangements; and

(b) deals with, or allows arrangements to be made for, superannuation.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Dispute resolution

(13) A law of a State or Territory:

(a) is prescribed to the extent to which it:

(i) relates to training arrangements; and

(ii) deals with, or allows arrangements to be made for, dispute resolution and dispute resolution processes; but

(b) is not prescribed to the extent to which it deals with, or allows arrangements to be made for, dispute resolution processes about matters arising under a training contract or a training agreement.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Training qualifications

(14) A law of a State or Territory:

(a) is prescribed to the extent to which it:

(i) relates to training arrangements; and

(ii) deals with, or allows arrangements to be made for, the performance, conduct and discipline of an employee; but

(b) is not prescribed to the extent to which it deals with, or allows arrangements to be made for, the award of training qualifications.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Outworkers

(15) A law of a State or Territory is prescribed to the extent to which it:

(a) relates to training arrangements; and

(b) deals with, or allows arrangements to be made for, the conditions (other than pay) of an outworker.

Note Training arrangement is defined in subsection 4 (1) of the Act.

Other conditions

(16) A law of a State or Territory is prescribed to the extent to which it:

(a) deals with any matter that could be included in an award; and

(b) deals with, or allows arrangements to be made for, any term or condition of employment not mentioned in subregulations (2) to (15) in relation to a training arrangement.

Note Training arrangement is defined in subsection 4 (1) of the Act.

1.6 Laws about prevailing awards, agreements and Commission orders

(1) For paragraph 17 (2) (d) of the Act, the following matters are prescribed:

(a) child labour;

(b) discrimination;

(2) For subsection 17 (2) of the Act, the following laws are prescribed as laws to which awards and workplace agreements are not subject:

(a) a State or Territory industrial law to the extent to which it relates to the prevention of discrimination;

(b) a State or Territory industrial law to the extent to which it relates to the promotion of EEO.

Note Under subsection 17 (2) of the Act, a term of an award or workplace agreement dealing with:

(a) occupational health and safety; or

(b) workers compensation; or

(d) a matter prescribed by the regulations;

has effect subject to a law of a State or Territory dealing with the matter, except a law that is prescribed by the regulations as a law to which awards and workplace agreements are not subject.

Part 3 Australian Industrial Relations Commission

Division 1 Establishment of Commission

3.1 Prescribed State industrial authorities — section 67 and subsections 71 (2) and 696 (1), (2) and (5) of the Act

For the purposes of section 67 and subsections 71 (2) and 696 (1), (2) and (5) of the Act, each of the following State industrial authorities is prescribed:

(a) the Industrial Relations Commission of New South Wales;

(b) the Queensland Industrial Relations Commission;

(d) the Industrial Relations Commission of South Australia;

(e) the Tasmanian Industrial Commission.

3.2 Prescribed tribunals — subsections 69 (1), 69 (2) and 79 (5) of the Act

For the purposes of subsections 69 (1), 69 (2) and 79 (5) of the Act:

(a) each of the following tribunals is a prescribed Commonwealth tribunal:

(i) Defence Force Remuneration Tribunal;

(ii) Pharmaceutical Benefits Remuneration Tribunal;

(iii) Administrative Appeals Tribunal;

(iv) Security Appeals Tribunal;

(v) National Native Title Tribunal; and

(b) each of the following tribunals is a prescribed Territory tribunal:

(i) the Industrial Appeals Tribunal established by the Industrial Relations Ordinance 1976 of the Territory of Christmas Island;

(ii) the Prison Officers Arbitral Tribunal established by the Prisons (Arbitral Tribunal) Act of the Northern Territory;

(iii) the Police Arbitral Tribunal established by the Police Administration Act of the Northern Territory.

Division 3 Representation and intervention

3.3 Representation of employing authorities before the Commission or Court

For the purposes of subsections 100 (5) and 854 (4) of the Act, each of the following persons is a prescribed person in relation to an employing authority:

(a) if the employing authority in relation to a class of persons specified in column 2 of item 1 in Schedule 2 is the Minister administering the enactment by or under which the Commonwealth authority employing persons in that class was established — a person who is an officer or employee of that Commonwealth authority;

(b) if the employing authority in relation to a class of persons specified in column 2 of item 1 in Schedule 2 is the principal executive officer of the Commonwealth authority employing persons in that class — a person who is:

(i) an officer or employee of that Commonwealth authority; or

(ii) an APS employee or Parliamentary Service employee;

(c) if the employing authority in relation to a class of persons specified in column 2 of item 1 in Schedule 2 is the Workplace Relations Minister — an APS employee or Parliamentary Service employee;

(d) if the employing authority in relation to a class of persons specified in column 2 of item 2 in Schedule 2 is the principal executive officer of the Commonwealth authority employing persons in that class — a person who is an officer or employee of that Commonwealth authority;

(e) if:

(i) the employing authority in relation to a class of persons specified in column 2 of item 2 in Schedule 2 is the principal executive officer of the Commonwealth authority employing persons in that class; and

(ii) that Commonwealth authority consents to being represented by an APS employee or Parliamentary Service employee;

a person who is an officer of the Australian Public Service;

(f) if the employing authority in relation to a class of persons specified in column 2 of item 2 in Schedule 2 is the Minister administering the enactment by or under which the Commonwealth authority employing persons in that class was established — an officer or employee of that Commonwealth authority;

(g) if:

(i) the employing authority in relation to a class of persons is a Minister of the Northern Territory and the persons included in that class are employed by a Northern Territory authority; or

(ii) the employing authority is a Northern Territory authority (being a body corporate of the kind referred to in paragraph (a) of the definition of Northern Territory authority in subsection 4 (1) of the Act); or

(iii) the employing authority is the principal executive officer of a Northern Territory authority (being a body corporate of the kind referred to in paragraph (b) of the definition of Northern Territory authority in subsection 4 (1) of the Act);

a person who is:

(iv) an officer or employee of the Northern Territory authority; or

(v) an officer or employee of the Public Service Commissioner for the Northern Territory;

(h) if:

(i) the employing authority in relation to a class of persons is a Minister of the Northern Territory and the persons included in that class are employed by the Northern Territory; or

(ii) the employing authority is the Public Service Commissioner for the Northern Territory;

a person who is an officer or employee of the Public Service Commissioner for the Northern Territory;

(i) if the employing authority in relation to a class of persons specified in column 2 of item 14 in Schedule 2 is:

(i) the Minister administering the Australian Federal Police Act 1979; or

(ii) the Commissioner within the meaning of that Act;

a person who is:

(iii) an officer appointed under section 25 or 26 of that Act; or

(iv) an APS employee or Parliamentary Service employee;

(j) if the employing authority for staff employed under the Legislative Assembly (Members’ Staff) Act 1989 of the Australian Capital Territory is the Chief Minister for that Territory — an officer or employee within the meaning of the Public Sector Management Act 1994 of the Territory (the ACTPS Act);

(k) if the employing authority for officers and employees within the meaning of the ACTPS Act (ACTPS staff) of a government agency, or an autonomous instrumentality, within the meaning of that Act, is:

(i) the Chief Minister for the Australian Capital Territory; or

(ii) the Minister within the meaning of the Australian Capital Territory (Self Government) Act 1988 (the Self Government Act) who administers the government agency or the Act under which the autonomous instrumentality is established; or

(iii) the Minister, within the meaning of that Act, who is responsible for exercising the power of the Australian Capital Territory Executive in relation to industrial relations (the ACT industrial relations Minister);

an officer or employee within the meaning of the ACTPS Act;

(l) if the employing authority for staff of a body corporate (except a Territory instrumentality within the meaning of the ACTPS Act) that is incorporated under a law of the Australian Capital Territory (an ACT law), and in which the Territory has a controlling interest, is the principal executive officer (however described) of the body corporate or the ACT industrial relations Minister:

(i) a member of the staff of the body corporate; or

(ii) an officer or employee within the meaning of the ACTPS Act;

(m) if the employing authority for ACTPS staff is the Chief Executive Officer of Calvary Hospital A.C.T. Incorporated, the Minister (within the meaning of the Self Government Act) who is responsible for exercising the power of the Australian Capital Territory Executive in relation to public health or the ACT industrial relations Minister:

(i) a member of the staff of Calvary Hospital A.C.T. Incorporated; or

(ii) an officer or employee within the meaning of the ACTPS Act;

(n) if the employing authority for staff of a body corporate, or an authority, that is established by or under an ACT law ,and to which paragraph (i), (j), (k) or (l) does not apply, is the principal executive officer (however described) of the body or authority, the Minister administering the ACT law or the ACT industrial relations Minister:

(i) a member of the staff of the body corporate or authority; or

(ii) an officer or employee within the meaning of the ACTPS Act;

(o) in the case of any other employing authority — an APS employee or Parliamentary Service employee.

3.4 Representation of certain persons by unregistered associations

(1) If a party to a proceeding before the Commission is an employer who is a member of an association of employers, being an association that is not registered under the Act, the party may be represented by an officer or employee of that association.

(2) If a party to a proceeding before the Commission is an employee who is a member of the Australian International Flight Engineers’ Association, being an association that is not registered under the Act, the party may be represented by an officer or employee of that Association.

Division 4 General matters relating to the powers and procedures of the Commission

3.5 Compulsory conferences

(1) Subject to subregulation (2), a person directed to attend a compulsory conference under section 115 of the Act must be paid by the Commonwealth:

(a) such allowances as the Minister determines; and

(b) the amount of any salary, wages or other earnings actually lost by the person during the time spent in travelling and attending the conference; and

(2) A payment must not be made under subregulation (1) unless certified by a Registrar.

3.6 Power to override certain laws affecting public sector employment

For paragraph (b) of the definition of relevant law in subsection 116 (2) of the Act, the following laws are prescribed:

(a) Superannuation (Productivity Benefit) Act 1988;

(b) Prisons (Arbitral Tribunal) Act of the Northern Territory;

Division 6 Miscellaneous

3.7 President must provide certain information etc to the Minister

(1) For subsections 125 (1) and (2) of the Act:

(a) information, or copies of documents, of the kind mentioned in an item of Part 1 of Schedule 4 must be given to the Minister by the time mentioned in the item; and

(b) the information, and the copies of documents, may be given to the Minister:

(i) in paper form; or

(ii) in electronic form, in accordance with any particular information technology requirements notified to the President by the Secretary.

(2) Paragraph (1) (b) does not prevent the President from including other relevant information with information given to the Minister in electronic form.

Note Information prescribed in Schedule 4 is minimum information only.

(3) For subsection 125 (2) of the Act:

(a) copies of documents that are given to the Minister in paper form must be posted to the address notified to the President by the Secretary for this paragraph; and

(b) information, and copies of documents, that are given to the Minister in electronic form must be sent to the e mail address notified to the President by the Secretary for this paragraph; and

(i) all copies of documents that are to be given to the Minister in paper form during a week are given at the same time in that week; and

(ii) all information, or copies of documents, of a particular kind that are to be given to the Minister in electronic form during a week are given at the same time in that week.

3.8 Power of Commission to waive procedural requirements and effect of non compliance

(1) Subject to the Act, the Commission may:

(a) in relation to any proceeding before the Commission; and

(b) in special circumstances; and

exempt a person from compliance with any procedural requirement of these Regulations.

(2) Subject to the Act, non compliance with any of these Regulations does not render void any proceedings before a Commission.

(3) However, for subregulation (2), the proceedings may be:

(a) set aside, either wholly or in part, as irregular; or

(b) amended; or

Part 4 Australian Industrial Registry

4.1 Office hours

(1) Each registry of the Industrial Registry must be open on ordinary working days between the hours of 9 am and 5 pm.

(2) If:

(a) an act is to be done at a registry; and

(b) the time for doing the act expires on a day on which that registry is not open; and

that act is taken to have been done within that time if it is done on the next day on which the registry is open.

(3) If:

(a) a proceeding is to be taken at a registry; and

(b) the time for taking the proceeding expires on a day on which that registry is not open; and

the proceeding is taken to have been taken within that time if it is taken on the next day on which the registry is open.

4.2 Lodgment of documents in Industrial Registry

A document that is required under Part 15 of the Act or Part 15 of these Regulations to be lodged in the Industrial Registry may be lodged by:

(a) leaving it with a Registrar; or

(b) properly addressing, prepaying and posting the document; or

(d) another means authorised in writing by the Commission.

4.3 Endorsement of documents

(1) A document that is lodged in connection with a matter before a Registrar must be endorsed with:

(a) the name of the party lodging it; and

(b) the party’s address for service.

(2) However, subregulation (1) does not apply if other arrangements are required by:

(a) a form prescribed under the Act or these Regulations; or

(b) regulations made under the Act; or

4.4 Inspection of documents

(1) A document lodged in the Industrial Registry under Part 15 of the Act or under Part 15 of these Regulations may be inspected, upon giving reasonable notice, at a registry during the hours of opening mentioned in subregulation 4.1 (1).

(2) A person may, on application, obtain an office copy or a certified copy of the document.

4.5 Power to waive procedural requirements and effect of non compliance

(1) Subject to the Act, a Registrar may:

(a) in relation to any proceeding before the Registrar; and

(b) in special circumstances; and

exempt a person from compliance with any procedural requirement of these Regulations.

(2) Subject to the Act, non compliance with any of these Regulations does not render void any proceedings before a Registrar.

(3) However, for subregulation (2), the proceedings may be:

(a) set aside, either wholly or in part, as irregular; or

(b) amended; or

4.6 Use of previous evidence

(1) Subject to subregulations (2) and (3), any evidence given (whether orally, by statutory declaration or otherwise) in the course of proceedings before the Court, the Commission or a Registrar (in this regulation called the first proceedings) may, in the discretion of a Registrar and subject to such terms and conditions as he or she determines, be used in any subsequent proceedings before that Registrar.

(2) A person who is a party to subsequent proceedings referred to in subregulation (1) may object to the use in those proceedings of any evidence given in the course of the first proceedings if the person was not a party to those first proceedings.

(3) The Registrar, in exercising his or her discretion under subregulation (1) and in determining under that subregulation the terms and conditions, if any, to which the use of such evidence is subject, must have regard to any objection made by a person under subregulation (2).

(4) If evidence has been given orally, this regulation does not authorise its use in subsequent proceedings before a Registrar unless:

(a) a written record of the evidence is available for the use of the Registrar; and

(b) the Registrar is satisfied that that record is a true record of the evidence.

4.7 Recovery of cost of providing copies of documents

(1) This regulation applies if a Registrar provides a copy or copies of a document to a person (whether in the form of photocopies, facsimile transmissions, electronic data, printed documents or otherwise).

(2) The person must pay to the Registrar in advance an amount that:

(a) the Registrar requires to be paid in relation to a copy or copies in the form provided; and

(b) the Registrar has determined, on reasonable grounds, to be equal to the costs that will be incurred by the Registry in providing a copy or copies in a particular form.

4.8 Custody and use of seals of the Industrial Registry

The seal mentioned in subsection 131 (1) of the Act, and the duplicate of the seal kept at each registry in accordance with subsection 131 (2) of the Act:

(a) must be kept in custody in the way that the Industrial Registrar directs; and

(b) must be used in accordance with the directions of the Industrial Registrar.

4.9 General powers of Registrar

(1) For the purpose of giving effect to the Act, the Registrar may, in relation to any application or proceeding with which the Registrar is authorised to deal:

(a) require a person, by summons served on the person, to appear before the Registrar:

(i) to give evidence; and

(ii) to produce such books, documents or things as are referred to in the summons for inspection by the Registrar or by such party as the Registrar determines;

(b) take evidence on oath; and

(d) amend or give leave to amend any application, notice or other document; and

(e) extend the time fixed by these Regulations for the lodging of any document or the doing of any act (whether that time has expired or not); and

(f) give directions to any party in relation to the service of documents and the manner of service of documents; and

(g) order any party to pay any other party such reasonable sum for costs as he or she thinks just.

(2) A person must not refuse or fail to comply with a summons served on him or her for the purposes of paragraph (1) (a).

(3) Strict liability applies to the physical elements in subregulation (2).

Note For strict liability, see section 6.1 of the Criminal Code.

(4) If a power is exercised under subregulation (1) on the application of a party, it may be exercised on such terms, as to payment of fees and costs and otherwise, as the Registrar thinks just.

4.10 Signing of documents etc on behalf of persons, organisations etc

(1) This regulation applies if:

(a) a document is required by the Act or these Regulations to be taken out, made or signed; or

(b) a document may, under the Act or these Regulations, be taken out, made or signed; or

(c) a step is required to be taken, or may be taken by any person, organisation, branch, company or committee of management;

in relation to any application or proceeding with which the Registrar is authorised to deal.

(2) Subject to the Act, the document may be taken out, made or signed, or the step taken, on behalf of that person, organisation, branch, company or committee of management:

(a) in the case of a person — by that person or by any other person authorised by him in writing; and

(b) in the case of an organisation or branch — by a person authorised by, or in accordance with the rules of, the organisation or branch; and

(c) in the case of a company not being an organisation — by an officer or person duly authorised under the seal of the company to represent it under the Act, or in the proceedings; and

(d) in the case of a committee of management of an organisation or branch — by a person authorised by the committee.

4.11 Application of the Criminal Code

Chapter 2 of the Criminal Code applies to civil penalties in this Part as if those penalties were offences.

Part 5 The Employment Advocate

Division 1 Functions, powers etc of the Employment Advocate

5.1 Functions of the Employment Advocate — giving Minister information and documents

(1) For subparagraph 151 (1) (i) of the Act, information, or copies of documents, of the kind mentioned in an item of Schedule 5 must be given to the Minister within the time mentioned in the item.

(2) For subsection 151 (4) of the Act:

(a) information relating to an AWA; or

(b) a copy of an AWA;

that is given to the Minister for paragraph 151 (1) (i) of the Act must be given with the deletion or obliteration of names of the parties to the AWA.

Division 2 Appointment, conditions of appointment etc of Employment Advocate

5.2 Remuneration and allowances

For subsection 157 (2) of the Act, the Employment Advocate is to be paid the allowances payable to an SES employee (within the meaning given by section 34 of the Public Service Act 1999).

Division 3 Miscellaneous

5.3 Identity of parties to AWAs not to be disclosed

(1) For paragraph 165 (1) (e) of the Act, a disclosure by a person (the entrusted person) to an authorised person of protected information that the entrusted person knows, or has reasonable grounds to believe, will identify another person as being, or having been, a party to an AWA is permitted if the disclosure of the protected information is for the purpose of:

(a) providing analyses of trends in agreement making; or

(b) preparing reports on enterprise bargaining for the purposes of section 844 of the Act.

(2) In subregulation (1):

authorised person means:

(a) for paragraph (1) (a):

(i) the Employment Advocate; or

(ii) a person authorised in writing by the Employment Advocate; and

(b) for paragraph (1) (b):