I, Geoffrey Michael Giudice, President of Fair Work Australia, acting after consultation with the Members of Fair Work Australia, make the following Rules under subsection 609 (1) of the Fair Work Act 2009.

Dated 4 January 2012

Geoffrey Michael Giudice

President of Fair Work Australia

1 Name of Rules

  These Rules are the Fair Work Australia Amendment Rules 2012 (No. 1).

2 Commencement

  These Rules commence on the day after they are registered.

3 Amendment of Fair Work Australia Rules 2010

  Schedule 1 amends the Fair Work Australia Rules 2010.

4 Transitional

  The amendment made by item [1] of Schedule 1 applies in relation to an application for Fair Work Australia to Deal with a General Protections Dispute that is served on or after the day these Rules commence.

Schedule 1 Amendments

(section 3)

[1] Subrule 6.5

omit

Forms F54 to F70

insert

Forms F55 to F70

[2] Rule 16A

omit

14 days

insert

7 days

[3] Subrule 20.6

omit

subrule 20.4

insert

subrule 20.5

[4] Schedule 1

after

insert

[5] Schedule 2, Form F2

omit

14 days

insert

7 days

[6] Schedule 2, Form F3

omit

14 days

insert

7 days

[7] Schedule 2, Form F17

omit

2.4 Was a notice of representational rights complying with s.174 given to each employee who will be covered by the Agreement in accordance with s.173?

[ ] Yes

[ ] No

If “Yes”, please attach a copy of the notice that was given.

insert

2.4 Did the employer take all reasonable steps to give notice of the right to be represented by a bargaining representative to each employee who will be covered by the Agreement as required by s. 173?

[ ] Yes

[ ] No

If “Yes”, please attach a copy of the notice given to employees and explain the steps taken:

Note   The notice required by s. 173 must meet the relevant requirements of s. 174. A form of notice has been prescribed and can be found in Schedule 2.1 to the Fair Work Regulations 2009 at http://www.comlaw.gov.au/Series/F2009L02356.

[8] Schedule 2, after Form F68

insert

Form F68A Application for Consent to the Alteration of Eligibility Rules of an Organisation by General Manager

APPLICATION FOR CONSENT TO THE ALTERATION OF ELIGIBILITY RULES OF AN ORGANISATION BY GENERAL MANAGER

Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisations) Regulations 2009—paragraph 125B (1) (a)

Applicant Organisation

The Applicant applies for consent to the alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law as follows:

[Insert the complete text of the eligibility rules of the association or as much of the text of the eligibility rules of the association as deals with the extended coverage and include a statement that the alteration of the eligibility rules does not apply outside the State or Territory for which the association is registered.]

Note 1: The application must:

1. be accompanied by a copy of the rules of the organisation and a copy of the rules of the association to which the organisation is the federal counterpart; and

2. set out the alteration, the reasons for the alteration and the effect of the alteration in sufficient detail to enable the General Manager to satisfy himself or herself that:

(a) the alteration has been made under the rules of the organisation; and

(b) the organisation is a federal counterpart of the association; and

(c) the alteration will not extend the eligibility rules of the organisation beyond those of the association; and

(d) the alteration will not apply outside the limits of the State or Territory for which the association is registered; and

(e) the association of employers or employees actively represents the class or classes of employers or employees to which the extension of eligibility rules will apply.

3. include a declaration:

(a) that the alteration was made in accordance with the rules of the organisation; and

(b) describing the action taken under the rules of the organisation to make the alteration; and

(c) verifying the facts stated in the application.

Note 2: An application must be sealed with the Common Seal of the organisation or be signed by a person authorised to sign the application. See regulation 13 of the Fair Work (Registered Organisations) Regulations 2009.

Note 3: An organisation that has a website must publish on the website a notice that it has lodged the application.

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.