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Workplace Relations Regulations 1996

Chapter 1 Preliminary

1.1 Name of Regulations [see Note 1]

1.2 Commencement [see Note 1]

1.3 Definitions

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

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

1.6 Repeal of Workplace Relations Regulations 1996

Chapter 2 General regulations for the Workplace Relations Act 1996

Chapter 3 Transitional arrangements for parties bound by federal awards

Part 3 Powers and procedures of Commission for dealing with industrial disputes

Division 2 Variation and revocation of transitional awards

3.1 Variation of transitional awards — dealing with industrial dispute

Part 7 Matters relating to Victoria

Division 1 Matters referred by Victoria

Subdivision A Introduction

7.1 Definitions for Part 7

Subdivision B Industrial disputes

7.2 Industrial disputes — prescribed laws of Victoria

Subdivision D Preserved transitional award terms — transitional Victorian reference awards

7.3 Preserved transitional award terms

7.4 Meaning of more generous

7.5 Modifications in relation to personal/carer’s leave

7.6 Modifications in relation to parental leave

Subdivision E Common rules

7.7 Proposed variation of common rules — notice of hearing by the Commission

7.8 Publication of a notice inviting objections to a variation

7.9 Notice of declaration that a variation is not binding on the organisation or person

Division 2 Other matters

Subdivision B Preserved transitional award terms — transitional awards (other than transitional Victorian reference awards) in respect of employees in Victoria

7.10 Preserved transitional award terms

7.11 Meaning of more generous

7.12 Modifications in relation to personal/carer’s leave

7.13 Modifications in relation to parental leave

Part 8 Transitional arrangements for parties bound by federal awards — miscellaneous

8.1 Varying or setting aside obligation to pay redundancy pay

Chapter 4 Extra provisions relating to definitions

1.1 Purpose of Chapter 4

Chapter 5 Transitional treatment of State employment agreements and State awards

Part 2 Preserved State agreements

2.1 Varying or setting aside obligation to pay redundancy pay

2.2 Protected preserved conditions where termination of preserved State agreement occurred before Transition to Forward with Fairness Act

2.3 Outworker conditions under preserved State agreements to continue to have effect for employees subject to workplace agreements or workplace determinations

Part 3 Notional agreements preserving State awards

Division 2 Effect and operation of a notional agreement preserving State awards

3.1A Outworker conditions under notional agreements preserving State awards to continue to have effect for employees subject to workplace agreements

Division 5 Preserved notional terms and preserved notional entitlements

3.1 Preserved notional terms of notional agreement

3.2 Meaning of more generous

3.3 Modifications in relation to personal/carer’s leave

3.4 Modifications in relation to parental leave

3.5 Varying or setting aside obligation to pay redundancy pay

Chapter 6 Transitionally registered associations

Part 1 Preliminary

1.1 Definitions

Part 2 Representation rights of transitionally registered associations of employees

Division 1 Orders about representation rights of transitionally registered associations of employees — no prior order in relation to State-registered association

2.1 Order

2.2 Variation of order

2.3 Organisations and transitionally registered association must comply with order

Division 2 Orders about representation rights of transitionally registered associations of employees — prior order in relation to State-registered association

2.4 Order

2.5 Order may be subject to limits or alterations

2.6 Organisations and transitionally registered association must comply with order

Division 3 Proceedings regarding representation rights in a State or Territory immediately before the reform commencement

2.7 Representation rights — evidence in prior proceedings

Part 3 Cancellation of transitional registration

3.1 Application for cancellation of transitional registration by Commission — form of application

3.2 Application for cancellation of transitional registration by Commission — registration by mistake

3.3 Application for cancellation of transitional registration by Commission — association no longer State-registered association

Part 4 Modification of Registration and Accountability of Organisations Schedule for transitionally registered associations

4.1 Modifications

4.2 Provisions not to apply

4.3 Other criteria for registration of transitionally registered association — being substantially identical to another body

4.4 Other criteria for registration of transitionally registered association — coverage rules

4.5 Change of rules not to prevent registration

Chapter 7 Transitional and other provisions for the Work Choices Act

Part 1 Preliminary

1.1 Purpose of Chapter 7

Part 2 Regulations for transitional etc provisions and consequential amendments — Act

Division 1 Repeal of Part XV of the pre-reform Act

2.1 Effect of repeal

Division 2 Transmission of transitional awards

2.2 Succession, transmission or assignment of a business before reform commencement — application of Part 7 of Schedule 6 to the Act

Division 2A Matters referred by Victoria

2.2A Additional effect of Act — exclusion of Victorian laws under section 898

Division 3 Matters relating to Victoria — transmission of business (transitional Victorian reference awards)

2.3 Transmission of business — application of Subdivision F of Division 1 of Part 7 of Schedule 6 to the Act

Division 4 Matters relating to Victoria — transmission of business (transitional awards other than transitional Victorian reference awards)

2.4 Transmission of business — application of Subdivision BA of Division 2 of Part 7 of Schedule 6 to the Act

Division 4A Matters relating to Victoria — employees covered by transitional awards or common rules

2.4A Hours of work

Division 5 Succession, transmission or assignment of a business before reform commencement

2.5 Application of pre-reform Act

Division 6 Amendment of Part VIA of the pre-reform Act

2.6 Effect of amendments — equal remuneration for work of equal value

2.7 Effect of amendments — parental leave (repeal of pre-reform leave provisions)

2.8 Replacement employees

Division 7 Operation of matters relating to permit ships

2.9 Awards in relation to permit ships

Division 8 Amendment of Part XII of the pre-reform Act

2.10 Costs only where proceeding instituted vexatiously etc

Division 9 Amendment of Part XIII of the pre-reform Act

2.11 Signature on behalf of body corporate

Division 10 Application of Act and Regulations to Australia’s exclusive economic zone and continental shelf

2.12 Application of Act and Regulations

Division 11 Application of pre-reform Act in relation to certain pre-reform certified agreements and pre-reform AWAs

2.13 Application of pre-reform Act

Division 12 Workplace inspectors

2.14 Powers of workplace inspectors in relation to investigation of alleged breaches of pre-reform Act or pre-reform Regulations

2.15 Repeal of Part IVA of the pre-reform Act — other functions and powers of pre-reform authorised officers in relation to investigation of alleged breaches not started before the reform commencement

2.16 Repeal of Part IVA of the pre-reform Act — other functions and powers of pre-reform authorised officers in relation to investigation of alleged breaches started before the reform commencement

2.17 Disclosure of information

Division 13 Compliance

2.18 Repeal of Part VA — review by Commonwealth Ombudsman

2.19 Enforcement of rights and obligations

Division 14 Interpretation of transitional instruments

2.20 Interpretation of transitional instruments

Division 15 Industrial action before nominal expiry date of workplace agreement or workplace determination

2.21 Industrial action

Division 16 Accrual and crediting of leave in lump sums (in advance or in arrears)

2.22 Accrual and crediting of leave in advance of service

2.23 Accrual and crediting of leave in arrears of service

Division 17 Pre-reform personal/carer’s leave and compassionate leave

2.23A Pre-reform personal/carer’s leave and compassionate leave

Division 18 Redundancy pay obligations

2.24 Varying or setting aside obligation to pay redundancy pay

Part 3 Regulations for transitional etc provisions and consequential amendments — pre-reform Regulations

Division 1 Repeal of Division 2 of Part 5A of the pre-reform Regulations

3.1 Effect of repeal

Division 2 Matters referred by Victoria

3.2 Effect of repeal of regulation 132G

Part 4 Regulations for transitional etc provisions and consequential amendments — part-heard matters

Division 1 Interpretation

4.1 Definitions

Division 2 Appeals under Part VI of the pre-reform Act

4.2 Appeals against findings in relation to industrial disputes

4.3 Appeals against awards or orders

4.4 Appeals against decisions not to make orders or awards

4.5 Appeals against decisions under paragraph 111 (1) (g) of pre-reform Act

4.6 Appeals against decisions under Division 5 of Part VI of pre-reform Act

4.7 Appeals against decisions not to certify agreements

4.8 Appeal against decision to certify agreement

4.9 Appeal against decision to vary, or not to vary, award or certified agreement (objectionable provision)

4.10 Appeal against decision to vary, or not to vary, award or certified agreement (sex discrimination)

4.11 Appeal against decision in relation to jurisdiction

4.12 Appeals relating to matters arising under Registration and Accountability of Organisations Schedule

4.13 Time within which appeals may be instituted

4.14 General rules relating to continuing appeals

Division 3 Registrar — references and appeals

4.15 Reference to Commission by Registrar

4.16 Removal of matter before Registrar

4.17 Appeal from Registrar to Commission

4.18 Reference to Court by Registrar

Division 4 Dispute prevention and settlement

4.19 Review of certain awards

4.20 Dealing with disputes

4.21 Principles about making or varying awards in relation to allowable award matters

4.22 Reference of disputes to Full Bench

4.23 Proceedings being dealt with by President

4.24 Review on application by Minister

4.25 Particular powers of Commission

4.26 Commission to cease dealing with industrial dispute in certain circumstances

4.27 Recommendations by consent

4.28 Varying awards (ambiguity or uncertainty)

4.29 Varying awards (removal of discrimination)

4.30 Varying certified agreements (removal of discrimination)

4.31 Varying awards (change of name)

4.32 Varying awards (junior rates of pay)

4.33 Enterprise flexibility provisions

4.34 Compulsory conferences

4.35 Exceptional matters orders

4.36 Orders to stop or prevent industrial action

4.37 Unfair contracts

4.38 Orders restraining State authorities from dealing with disputes

4.39 Reference of dispute to local industrial board

4.40 Boards of reference

Division 5 Ballots ordered by Commission

4.41 Secret ballots — industrial disputes

4.42 Secret ballots — industrial action

4.43 Secret ballots — approval of certified agreements

4.44 Secret ballots — industrial action during bargaining period

4.45 Application for secret ballot

Division 6 Common rules

4.46 Common rules

Division 7 Awards of Commission

4.47 Review of operation of awards

Division 8 Boycotts

4.48 Disputes relating to boycotts

4.49 Restriction on certain actions in tort

Division 9 Cancellation and suspension of awards and orders

4.50 Cancellation and suspension of awards and orders

Division 10 Right of entry

4.51 Civil penalty proceedings

4.52 Powers of Commission

Division 11 Freedom of association

4.53 Remedies for breaches

4.54 Removal of objectionable provisions

Division 12 State laws

4.55 Appeal rights under State laws

Chapter 8 Miscellaneous provisions

1.1 Ballots conducted by the Australian Electoral Commission — no unauthorised action

1.2 No action for defamation in certain cases

1.3 Application of the Criminal Code to civil remedy provisions

Schedule 1 Forms

Form 1 Ballot paper under Part 3 of Chapter 3

Form 2 Permit to enter and inspect premises

Form 3 Permit to enter and inspect premises

Form 4 Notice of proposed terminations

Form 5 Application to the Commission to have a dispute resolution process conducted

Schedule 2 Employing authorities (Act, subsection 4 (1))

Schedule 3 Commonwealth authorities (definition of public sector employment)

Schedule 4 Information and copies of documents to be given to Minister by AIRC

Schedule 7 Schedule of costs

Part 1 Instructions

Part 2 Documents

Part 3 Drawing

Part 4 Writing or typing legal letters

Part 5 Copies

Part 6 Perusal and scanning

Part 7 Examination

Part 8 Letters

Part 9 Service

Part 10 Preparation of appeal books

Part 11 Attendances

Part 12 General care and conduct

Part 13 Fees for Counsel for solicitor appearing as Counsel

Part 14 Witnesses’ expenses

Part 15 Disbursements

Schedule 8 Further provisions — amendments of the Act relating to definitions

Part 1 Amendments of clause 2 of Schedule 2 to the Act

Part 2 Amendments of clause 3 of Schedule 2 to the Act

Part 3 Amendments of clause 4 of Schedule 2 to the Act

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