Industrial Relations Regulations 1993

Industrial Relations Regulations 1993

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, hereby make the following regulations under the Industrial Relations Act 1984 .

P. H. BENNETT

Governor

By His Excellency's Command,

JOHN BESWICK

Minister for Employment, Industrial Relations and Training

1.   Short title

These regulations may be cited as the Industrial Relations Regulations 1993 .

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 commence;

rescinded regulations means the Industrial Relations Regulations 1984 ;

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

4.   Stamp of the 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.   Stamp of the Enterprise Commissioner

(1)  The Enterprise Commissioner is to keep a stamp bearing the words "The Stamp of the Enterprise Commissioner".

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

6.   Recording of proceedings

(1)  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.

(2)  In relation to proceedings before the Enterprise Commissioner, the Commissioner is to arrange for –

(a) the recording of the proceedings; and

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

7.   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.

8.   Withdrawal of proceedings

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

9.   Remuneration of witnesses

(1)  A witness attending proceedings of the Commission or the Enterprise Commissioner 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 Service 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 or the Enterprise Commissioner 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) a person summoned under section 30 of the Act; or

(d) an intervener.

10.   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.

(3)  In this regulation,

inspecting officer has the same meaning as it does in section 22 of the Act.

11.   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 .

12.   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 .

13.   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 .

14.   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 specified award applies or which is defined in that award.

15.   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 .

16.   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 .

17.   Application to register enterprise agreement

An application to register an enterprise agreement under section 61L(1) of the Act is to be in accordance with Form 10 .

18.   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 11 .

19.   Application for registration under Part V 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 referred to in subregulation (1) is to be accompanied by an affidavit verifying that the particulars contained in the application are true.

20.   Certificate of registration of organization

A certificate of registration of an organization under section 64(1) of the Act is to be in accordance with Form 12 .

21.   Application to alter rules or constitution of organization

An application for approval to alter the rules or constitution of an organization under section 67(2) of the Act is to be in accordance with Form 13 .

22.   Application to amalgamate organization

An application to amalgamate organizations under section 67A of the Act is to be in accordance with Form 14 .

23.   Cancellation of registration of organization

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

24.   Notice of appeal under section 71

A notice of appeal under section 71 is to be in accordance with Form 15 .

25.   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 or 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 that subregulation as are necessary to ensure that the record is maintained up to date.

Penalty:  Fine not exceeding 5 penalty units.

26.   Right of entry of union official

An officer of an organization 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 part of the premises.

27.   Declarations of secrecy

(1)  A declaration of secrecy under section 77(3) of the Act is to be in accordance with Form 16 .

(2)  A declaration of secrecy under section 83(1) of the Act is to be in accordance with Form 17 .

28.   Application by infirm person

An application by an infirm person under section 79(1) of the Act is to be in accordance with Form 18 .

29.   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 19 .

30.   Notice of appeal under section 82

A notice of appeal under section 82 of the Act is to be in accordance with Form 20 .

31.   Fees

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

32.   Rescissions

The regulations specified in Schedule 4 are rescinded.

33.   Certificates, notices, &c.

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.

34.   Proceedings

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 11

Form 1

Form 2

Form 3

Form 4

Form 5

Form 6

Form 7

Form 8

Form 9

Form 10

Form 11

Form 12

Form 13

Form 14

Form 15

Form 16

Form 17

Form 18

Form 19

Form 20

SCHEDULE 2 - Application of awards

Regulation 14(1)

SCHEDULE 3 - Fees

Regulation 31

SCHEDULE 4 - Regulations Rescinded

Regulation 32

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

Notified in the Gazette on 10 November 1993

These regulations are administered in the Department of Employment, Industrial Relations and Training.