Industrial Relations Regulations 2005

Industrial Relations Regulations 2005

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Industrial Relations Act 1984 .

21 December 2005

W. J. E. COX

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Industrial Relations Regulations 2005 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

(1)  In these regulations –

Act means the Industrial Relations Act 1984 ;

appeal means an appeal under section 70(1) of the Act;

commencement day means the day on which these regulations take effect;

rescinded regulations means the Industrial Relations Regulations 2003 .

(2)  In these regulations a reference to a form quoted by a number is a reference to the form so numbered in Schedule 1 .

PART 2 - Proceedings before Commission

4.   Stamp of Commission

(1)  The Registrar is to keep a stamp bearing the words "The Stamp of the Tasmanian Industrial Commission".

(2)  The Registrar is to cause the stamp to be affixed to all documents issued under the Act in relation to proceedings before the Commission.

5.   Recording of proceedings

In relation to proceedings before the Commission, the Registrar is to arrange for –

(a) the recording of the proceedings as specified by the President; and

(b) the retention of the recording for a period determined by the President.

6.   Registrar to keep documents

(1)  In relation to proceedings before the Commission in respect of an award, the Registrar is to keep the original of –

(a) the award; and

(b) the written statement of the Commission's reasons referred to in section 37(3)(a) of the Act.

(2)  In relation to the hearing of an appeal, the Registrar is to keep the original of –

(a) any award, decision or declaration; and

(b) any directions made or given by a Full Bench –

in relation to the subject matter of the appeal.

7.   Withdrawal of proceedings

A party applying for proceedings before the Commission may withdraw that application or those proceedings with the leave of the Commission.

8.   Remuneration of witnesses

(1)  A witness attending proceedings of the Commission is entitled to be paid –

(a) $35 for every half day's attendance or the amount of wages or other income actually lost while attending or travelling to and from the proceedings, whichever is the greater amount; and

(b) a travelling allowance in accordance with the award if required to be absent overnight from the witness's usual place of residence; and

(c) by way of reimbursement, an amount equal to fares incurred for use of appropriate public transport.

(2)  In this regulation –

award means the General Conditions of Employment Award made under the Act and includes any award made in substitution for that award;

half day means a morning or afternoon session of proceedings;

witness means a person who attends proceedings before the Commission to give evidence when summoned to do so but who is not –

(a) a private employer; or

(b) a member of an association referred to in section 66(3) of the Act; or

(c) an intervener.

PART 3 - Form of applications, &c.

9.   Application for award or variation of award

An application for an award or the variation of an award under section 23(1)(a) of the Act is to be in accordance with Form 1 .

10.   Application for hearing

An application to the President for a hearing before a Commissioner under section 29(1) of the Act is to be in accordance with Form 2 .

11.   Application for rescission of award

An application for the rescission of an award under section 32(7A) of the Act is to be in accordance with Form 3 .

12.   General application of certain awards

(1)  For the purposes of section 40 of the Act, any award specified in column 1 of Schedule 2 extends to operate to a class of work specified opposite that award in column 2 of that Schedule.

(2)  For the purposes of subregulation (1)  –

class of work means a class of work to which a classification in the award specified in the Schedule applies or which is defined, or otherwise described, in that award.

13.   Application for interpretation of award

An application to the President under section 43(1) of the Act is to be in accordance with Form 4 .

14.   Industrial agreements

(1)  An application for the filing of an industrial agreement under section 55(2) of the Act is to be in accordance with Form 5 .

(2)  A notice of intention to retire from an industrial agreement under section 55(8) of the Act is to be in accordance with Form 6 .

(3)  A notice of intention to retire from an industrial agreement under section 55(9) of the Act is to be in accordance with Form 7 .

(4)  A notice of intention to retire from an industrial agreement under section 55(10) of the Act is to be in accordance with Form 8 .

(5)  A notice concurring with an industrial agreement under section 57 of the Act is to be in accordance with Form 9 .

15.   Notice of intention to terminate enterprise agreement

A notice of intention to terminate a registered enterprise agreement under section 61R(3) of the Act is to be in accordance with Form 10 .

16.   Application for registration under section 63(1) of Act

(1)  The Registrar, as far as practicable, is to deal with applications under section 63(1) of the Act in the order that they are received.

(2)  An application under section 63(1) of the Act is to be accompanied by an affidavit verifying that the particulars contained in the application are true.

17.   Certificate of registration of organisation

A certificate of registration of an organisation under section 64(1) of the Act is to be in accordance with Form 11 .

18.   Application to alter rules or constitution of organisation

An application for approval to alter the rules or constitution of an organisation under section 67(2) of the Act is to be in accordance with Form 12 .

19.   Application to amalgamate organisation

An application to amalgamate organisations under section 67A of the Act is to be in accordance with Form 13 .

20.   Cancellation of registration of organisation

A request to cancel a registration under section 68(1A) of the Act is to be made in writing to the Registrar.

21.   Notice of appeal under section 70(1)

A notice of appeal under section 70(1) of the Act is to be in accordance with Form 14 .

22.   Declarations of secrecy

(1)  A declaration of secrecy under section 77(3) of the Act is to be in accordance with Form 15 .

(2)  A declaration of secrecy under section 83(1) of the Act is to be in accordance with Form 16 .

23.   Application by infirm person

An application by an infirm person under section 79(1) of the Act is to be in accordance with Form 17 .

24.   Application by student

An application by a person who is undergoing a course of tertiary education under section 81(2) of the Act is to be in accordance with Form 18 .

25.   Notice of appeal under section 82

A notice of appeal under section 82 of the Act is to be in accordance with Form 19 .

PART 4 - Miscellaneous

26.   Conditions in relation to power of inspection

(1)  The following conditions are prescribed as the conditions subject to which an inspecting officer may exercise the power referred to in section 22(2) of the Act:

(a) before exercising the power, the inspecting officer is to identify himself or herself to the person in charge, or apparently in charge, of the place, premises, vehicle or vessel that the officer proposes to enter in the exercise of the power;

(b) in exercising the power, the inspecting officer is to have regard to the safety or health practices in respect of the place, premises, vehicle or vessel and is not to do anything that unreasonably interferes with the performance of any work.

(2)  An inspecting officer who contravenes or fails to comply with a condition prescribed by subregulation (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.

27.   Record of employees

(1)  A record made by an employer under section 75(1) of the Act is to contain the following information:

(a) the full name of the employer;

(b) the full name and address of each employee;

(c) the date of birth of each employee who is under the age of 21 years;

(d) the nature of the contract of employment;

(e) the class or classes of work performed by each employee and the name of the award, industrial agreement or enterprise agreement that applies to that work;

(f) the number of hours worked by each employee during each day and week and the times during each of those periods at which each employee started and ceased work;

(g) if the relevant award, industrial agreement or enterprise agreement prescribes –

(i) a weekly, daily or hourly rate of wage, details of the rate of wages per week, per day or per hour at which each employee is paid; or

(ii) piecework rates, details of the piecework performed and the rate at which payment is made to each employee;

(h) the gross and net amounts of wages paid to each employee and details of deductions made from those wages;

(i) the date on which each employee commenced employment and, where appropriate, the date of termination of the employment;

(j) details of annual leave credited or granted, annual leave payments, sick leave credited or granted and sick leave payments to each employee;

(k) details of any payments made by the employer into a superannuation fund prescribed by an award, industrial agreement or enterprise agreement on behalf of each employee;

(l) such other particulars as may be necessary to show that the hours of work, rates of pay and general conditions of employment prescribed by the relevant award, industrial agreement or enterprise agreement are being complied with.

(2)  The record –

(a) may be incorporated with any other time and wage record ordinarily kept by an employer in relation to an employee; and

(b) in respect of a person who is currently employed, is to show the particulars specified in subregulation (1) for the preceding 12 months of the person's employment with the employer; and

(c) is to be retained for at least 12 months after the date on which the last entry is made in that record.

(3)  An employer who is required to make a record must enter daily in the record such of the particulars prescribed by subregulation (1) as are necessary to ensure that the record is maintained up to date.

Penalty:  Fine not exceeding 5 penalty units.

28.   Right of entry of union official

An officer of an organisation of employees may only enter premises, or part of premises, if the officer identifies himself or herself to the person in charge, or apparently in charge, of the premises or the part of the premises.

29.   Fees

The fees specified in Schedule 3 are the fees payable in respect of the matters to which they respectively relate.

30.   Rescission

The Industrial Relations Regulations 2003 are rescinded.

31.   Savings provision for certificates, notices, proceedings, &c.

(1)  A certificate issued, notice filed, or declaration or application made, in accordance with, or on a form prescribed by, the rescinded regulations is taken to be a certificate issued, notice filed, or declaration or application made, in accordance with, or on the equivalent form prescribed by, these regulations for a period of 6 months after the commencement day.

(2)  Proceedings instituted under the rescinded regulations but not completed before the commencement day are to continue under the rescinded regulations until complete.

SCHEDULE 1 - Forms

Regulation 3(2)

Form 1

Regulation 9

Form 2

Regulation 10

Form 3

Regulation 11

Form 4

Regulation 13

Form 5

Regulation 14(1)

Form 6

Regulation 14(2)

Form 7

Regulation 14(3)

Form 8

Regulation 14(4)

Form 9

Regulation 14(5)

Form 10

Regulation 15

Form 11

Regulation 17

Form 12

Regulation 18

Form 13

Regulation 19

Form 14

Regulation 21

Form 15

Regulation 22(1)

Form 16

Regulation 22(2)

Form 17

Regulation 23

Form 18

Regulation 24

Form 19

Regulation 25

SCHEDULE 2 - Application of awards

Regulation 12(1)

SCHEDULE 3 - Fees

Regulation 29

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 28 December 2005

These regulations are administered in the Department of Premier and Cabinet.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations provide for –

(a) directions in relation to, and the recording of, proceedings before the Tasmanian Industrial Commission; and

(b) various forms in respect of awards, industrial agreements and enterprise agreements under the Industrial Relations Act 1984; and

(c) various other matters arising under that Act.