Part 1 Preliminary

1 Citation

2 Commencement

3 Interpretation

4 Seals of Commission

5 Forms

6 Relief from Rules

7 Directions on manner and form of procedure

Part 2 Australian Industrial Relations Commission

8 Commission acting on own motion

9 Assignment of industries and members

10 Delegation by President

Part 3 Appeals, Reviews and References

11 Review on application by Minister

12 Restraining State industrial authorities

13 Appeals to Full Bench

Part 4 Australian Industrial Registry

14 References by Registrar

15 Appeals from Registrar

Part 5 Industrial Action

16 Notice of initiation of bargaining period

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

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

19 Notice terminating or suspending the bargaining period

20 Notice to Registrar of authorisation to engage in industrial action

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

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

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

24 Application for order to stop or prevent industrial action

Part 6 Awards

25 Application to vary, revoke or suspend an award

26 Application to vary or revoke a transitional award

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

28 Variation of common rules

Part 7 Minimum Entitlements of Employees

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

Part 8 Termination of Employment

30 Form of application under section 643 of the Act

31 Notice of employer’s appearance

32 Notice of representative’s appearance

33 Role of representative in relation to conciliation

34 Notice of conciliation, arbitration or related proceeding

35 Settlement by conciliation

36 Discontinuance of matter

37 Election to proceed to arbitration or to begin court proceedings

38 Costs

39 Security for the payment of costs

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

Part 9 Dispute Resolution

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

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

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

44 Notification of other industrial disputes involving a transitional employer

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

Part 10 Right of Entry

46 Application for permit to enter and inspect premises

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

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

49 Application for an exemption from requirement to provide entry notice

50 Application for orders in relation to abuse of system

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

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

53 Notice of proceedings for dealing with right of entry

Part 11 Representation Rights

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

Part 11A Collective Agreements

54A Termination of collective agreement after nominal expiry date

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

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

56 Termination of pre-reform certified agreement at any time

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

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

59 Application to terminate an Australian Workplace Agreement

59A Termination of an old IR agreement

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

61 Request for Commission to terminate a section 170MX award

Part 13 State Instruments

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

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

62 Application to vary a Preserved State Agreement

63 Application to vary a Notional Agreement Preserving State Awards

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.

Part 15 Miscellaneous

65 Summons to witness

66 Order for production of documents

67 Settlement of award or order

68 Documents

69 Filing and lodging electronically

70 Filing and lodging by facsimile transmission

71 Name and address of party

72 Service of documents

73 Directions as to service

74 Requirement to fix time and place for hearing

75 Electronic signatures

76 Approved forms — Regulations

77 Approved forms — RAO Regulations

78 Repeal of the Rules of the Australian Industrial Relations Commission

79 Transitional provision

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

81 Appeals to Commission

Part 17 Petroleum (Submerged Lands) Act 1967

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

83 Appeals to Commission

Schedule 1 Forms

Form R1

NOTICE OF APPEAL UNDER SECTION 120 OR 121 OF THE ACT

Form R2

APPLICATION FOR AN EXTENSION OF TIME FOR INSTITUTING APPEAL

Form R3

NOTICE OF APPEAL UNDER SECTION 147 OF THE ACT

Form R4

NOTICE TO INITIATE A BARGAINING PERIOD

Form R5

APPLICATION FOR AN ORDER TO RESTRICT THE INITIATION OF A NEW BARGAINING PERIOD

Form R6

APPLICATION FOR AN ORDER TO SUSPEND OR TERMINATE A BARGAINING PERIOD

Form R7

APPLICATION FOR AN ORDER FOR AN EXTENSION OF A SUSPENSION OF A BARGAINING PERIOD

Form R8

NOTICE UNDER SUBSECTION 430 (6) OF THE ACT

Form R9

NOTICE UNDER SUBSECTION 432 (6) OF THE ACT

Form R10

NOTICE OF THE GIVING OF AUTHORISATION TO ENGAGE IN INDUSTRIAL ACTION

Form R11

APPLICATION FOR AN ORDER FOR A PROTECTED ACTION BALLOT TO BE HELD

Form R12

DECLARATION BY APPLICANT FOR A PROTECTED ACTION BALLOT ORDER

Form R13

APPLICATION FOR A DECLARATION THAT A PERSON IS ENTITLED TO BE INCLUDED ON THE ROLL OF VOTERS FOR A PROTECTED ACTION BALLOT

Form R14

APPLICATION FOR A DECLARATION THAT A PERSON IS NOT ENTITLED TO BE INCLUDED ON THE ROLL OF VOTERS FOR A PROTECTED ACTION BALLOT

Form R15

APPLICATION FOR A VARIATION TO A PROTECTED ACTION BALLOT ORDER

Form R16

APPLICATION TO REVOKE A PROTECTED ACTION BALLOT ORDER

Form R17

APPLICATION FOR AN ORDER TO STOP OR PREVENT INDUSTRIAL ACTION

Form R18

APPLICATIONS TO VARY, REVOKE OR SUSPEND AN AWARD OR ORDER

Form R19

APPLICATION TO VARY OR REVOKE A TRANSITIONAL AWARD

Form R20

APPLICATION FOR AN ORDER FOR A TRANSITIONAL AWARD TO CEASE TO BE BINDING

Form R21

NOTICE OF HEARING OF APPLICATION TO VARY A COMMON RULE AWARD

Form R22

NOTICE OF VARIATION OF COMMON RULE AWARD

Form R23

NOTICE OF OBJECTION TO VARIATION OF A COMMON RULE

Form R24

DECLARATION OF COMMON RULE APPLICATION NOT BINDING ON ORGANISATION OR PERSON

Form R25

APPLICATION FOR ORDER REQUIRING EQUAL REMUNERATION FOR WORK OF EQUAL VALUE

Form R26

NOTICE OF CONCILIATION OR HEARING FOR APPLICATION FOR ORDER FOR EQUAL REMUNERATION FOR WORK OF EQUAL VALUE

Form R27

APPLICATION FOR RELIEF IN RELATION TO TERMINATION OF EMPLOYMENT  Download Word version

Form R27A

APPLICATION FOR RELIEF IN RELATION TO TERMINATION OF EMPLOYMENT Word Download Word version

Form R28

NOTICE OF EMPLOYER’S APPEARANCE Word Download Word version

Form R29

NOTICE OF MOTION TO DISMISS THE APPLICATION FOR WANT OF JURISDICTION Word Download Word version

Form R30

NOTICE OF MOTION TO DISMISS THE APPLICATION AS FRIVOLOUS, VEXATIOUS OR LACKING IN SUBSTANCE Word Download Word version

Form R31

NOTICE OF REPRESENTATIVE’S APPEARANCE

Form R32

NOTICE OF DISCONTINUANCE

Form R33

NOTICE OF ELECTION TO PROCEED TO ARBITRATION OR TO BEGIN COURT PROCEEDINGS

Form R34

APPLICATION FOR ORDER FOR COSTS

Form R35

APPLICATION FOR SECURITY FOR THE PAYMENT OF COSTS

Form R36

APPLICATION FOR ORDER IF EMPLOYER FAILS TO INFORM OR CONSULT TRADE UNION ABOUT TERMINATION

Form 5

APPLICATION TO HAVE A DISPUTE RESOLUTION PROCESS CONDUCTED

Form R37

APPLICATION TO HAVE A DISPUTE RESOLUTION PROCESS CONDUCTED — PRE-REFORM INSTRUMENT (CERTIFIED AGREEMENT OR AUSTRALIAN WORKPLACE AGREEMENT)

Form R38

NOTIFICATION TO INDUSTRIAL REGISTRAR THAT PARTIES ARE UNABLE TO AGREE ON WHO IS TO CONDUCT ALTERNATIVE DISPUTE RESOLUTION PROCESS

Form R39

NOTIFICATION OF AN ALLEGED INDUSTRIAL DISPUTE

Form R40

APPLICATION FOR PERMIT TO ENTER AND INSPECT PREMISES

Form R41

APPLICATION FOR REVOCATION OR SUSPENSION OF PERMIT TO ENTER AND INSPECT PREMISES, OR FOR CONDITIONS TO BE IMPOSED ON PERMIT

Form R42

APPLICATION FOR AN ORDER FOR ACCESS TO NON-MEMBER RECORDS

Form R43

APPLICATION FOR AN EXEMPTION FROM THE REQUIREMENT TO PROVIDE ENTRY NOTICE

Form R44

APPLICATION FOR ORDERS IN RELATION TO ABUSE OF SYSTEM

Form R45

APPLICATION FOR ORDERS IN RELATION TO UNREASONABLE REQUESTS BY OCCUPIER OR EMPLOYER AFFECTED

Form R46

APPLICATION FOR ORDERS IN RELATION TO A DISPUTE ABOUT THE OPERATION OF PART 15 OF THE ACT

Form R47

APPLICATION FOR AN ORDER IN RELATION TO REPRESENTATION RIGHTS OF ORGANISATIONS OF EMPLOYEES OR TRANSITIONALLY REGISTERED ASSOCIATIONS

Form R48

APPLICATION TO VARY ORDER IN RELATION TO REPRESENTATION RIGHTS OF ORGANISATIONS OF EMPLOYEES OR TRANSITIONALLY REGISTERED ASSOCIATIONS

Form R48A

APPLICATION FOR TERMINATION OF COLLECTIVE AGREEMENT IN PUBLIC INTEREST AFTER NOMINAL EXPIRY DATE

Form R49

APPLICATION FOR ORDER TO VARY PRE-REFORM CERTIFIED AGREEMENT BY A PERSON BOUND BY THE AGREEMENT

Form R49A

APPLICATION FOR AN ORDER TO VARY PRE-REFORM CERTIFIED AGREEMENT

Form R49B

APPLICATION FOR EXTENSION OF PRE-REFORM CERTIFIED AGREEMENT BY A PERSON BOUND BY THE AGREEMENT

Form R50

APPLICATION FOR APPROVAL OF TERMINATION OF PRE-REFORM CERTIFIED AGREEMENT

Form R51

APPLICATION FOR TERMINATION OF PRE-REFORM CERTIFIED AGREEMENT IN PUBLIC INTEREST AFTER NOMINAL EXPIRY DATE

Form R52

APPLICATION FOR APPROVAL OF TERMINATION OF PRE-REFORM CERTIFIED AGREEMENT IN A WAY PROVIDED UNDER AGREEMENT AFTER NOMINAL EXPIRY DATE

Form R53

APPLICATION FOR TERMINATION OF PRE-REFORM AUSTRALIAN WORKPLACE AGREEMENT IN THE PUBLIC INTEREST AFTER NOMINAL EXPIRY DATE

Form R53A

APPLICATION FOR TERMINATION OF OLD IR AGREEMENT

Form R54

APPLICATION FOR REVOCATION OF A SECTION 170MX AWARD

Form R55

REQUEST TO TERMINATE SECTION 170MX AWARD

Form R55A

APPLICATION FOR EXTENSION OF A PRESERVED COLLECTIVE STATE AGREEMENT BY A PERSON BOUND BY THE AGREEMENT

Form R55B

APPLICATION TO VARY A PRESERVED COLLECTIVE STATE AGREEMENT BY A PERSON BOUND BY THE AGREEMENT

Form R56

APPLICATION TO VARY A PRESERVED STATE AGREEMENT

Form R57

APPLICATION TO VARY A NOTIONAL AGREEMENT PRESERVING STATE AWARDS

Form R58

APPLICATION FOR AN ORDER AS TO WHETHER AN INCOMING EMPLOYER SHOULD BE BOUND BY A COLLECTIVE AGREEMENT, PRE-REFORM CERTIFIED AGREEMENT OR A STATE TRANSITIONAL INSTRUMENT

Form R59

APPLICATION (no specific form provided)

Form R60

SUMMONS TO WITNESS

Form R61

ORDER FOR PRODUCTION OF DOCUMENTS OR THINGS

Form R62

APPLICATION FOR AN ORDER FOR SUBSTITUTED SERVICE

Form R63

REFERRAL OF DISAGREEMENT CONCERNING MANNER OF ESTABLISHING OR VARYING A DESIGNATED WORK GROUP

Form R64

NOTICE OF APPEAL UNDER SECTION 48

Form R65

APPLICATION FOR AN EXTENSION OF TIME FOR INSTITUTING AN APPEAL

Form R66

REFERRAL OF DISAGREEMENT CONCERNING MANNER OF ESTABLISHING OR VARYING A DESIGNATED WORK GROUP

Form R67

NOTICE OF APPEAL UNDER SECTION 37 OF SCHEDULE 7

Form R68

APPLICATION FOR AN EXTENSION OF TIME FOR INSTITUTING AN APPEAL

Form R69

APPLICATION BY AN ASSOCIATION OF EMPLOYERS FOR REGISTRATION AS AN ORGANISATION

Form R70

APPLICATION BY AN ASSOCIATION OF EMPLOYEES (OTHER THAN AN ENTERPRISE ASSOCIATION) FOR REGISTRATION AS AN ORGANISATION

Form R71

APPLICATION BY AN ENTERPRISE ASSOCIATION OF EMPLOYEES FOR REGISTRATION AS AN ORGANISATION

Form R72

NOTICE OF OBJECTION
TO THE REGISTRATION OF AN ASSOCIATION

Form R73

APPLICATION FOR LEAVE TO CHANGE NAME* /AND TO ALTER RULES*

Form R74

APPLICATION FOR CANCELLATION OF REGISTRATION

Form R75

NOTICE OF OBJECTION TO THE CANCELLATION OF REGISTRATION OF AN ORGANISATION

Form R76

APPLICATION FOR CANCELLATION OF REGISTRATION OF AN ORGANISATION

Form R77

NOTICE OF OBJECTION TO THE CANCELLATION OF REGISTRATION OF AN ORGANISATION

Form R78

BALLOT PAPER CHOSEN BY ORGANISATION IN RELATION TO PROPOSED AMALGAMATION

Form R79

BALLOT PAPER IN RELATION TO PROPOSED AMALGAMATION

Form R80

BALLOT PAPER CHOSEN BY ORGANISATION AND CONTAINING AN ALTERNATIVE PROVISION IN RELATION TO PROPOSED AMALGAMATION

Form R81

BALLOT PAPER CONTAINING AN ALTERNATIVE PROVISION IN RELATION TO PROPOSED AMALGAMATION

Form R82

APPLICATION FOR CONSENT TO CHANGE THE NAME OF AN ORGANISATION

Form R83

APPLICATION FOR CONSENT TO THE ALTERATION OF ELIGIBILITY RULES OF AN ORGANISATION

Form R84

APPLICATION FOR CERTIFICATE UNDER SECTION 180 OF THE RAO SCHEDULE

Form R85

APPLICATION FOR RENEWAL OF CERTIFICATE UNDER SECTION 180 OF THE RAO SCHEDULE