Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 395(2) of the Act, this regulation sets out matters relating to a fee for making an application to the FWC under Division 5 of Part 3 - 2 of the Act.
Fee at commencement of Regulations
(2) If the application is made in the financial year starting on 1 July 2009, the fee is $59.50.
Method for indexing the fee
(3) If the application is made in a financial year starting on 1 July 2010, or 1 July in a later year (the application year ), the amount of the fee is to be worked out as follows:
(a) identify the amount of the fee for an application made in the previous financial year;
(b) multiply it by the indexation factor for the application year (see subregulation (4));
(c) round the result to the nearest multiple of 10 cents, rounding up if the result ends in 5 cents.
(4) The indexation factor for the application year is worked out using the following formula, and then rounded under subregulation (5):
where:
"index number" , for a quarter, means the All Groups Consumer Price Index Number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.
"most recent March year" means the period of 12 months ending on 31 March in the financial year that occurred immediately before the application year.
"previous March year" means the period of 12 months immediately preceding the most recent March year.
"quarter" means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
(5) The result under subregulation (4) must be rounded up or down to 3 decimal places, rounding up if the result ends in 0.0005.
(6) A calculation under subregulation (4):
(a) is to be made using the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and
(b) is to be made disregarding index numbers that are published in substitution for previously published index numbers (unless the substituted numbers are published to take account of changes in the index reference period).
No fee--hardship
(7) If the FWC is satisfied that the person making an application will suffer serious hardship if the person is required to pay the fee, no fee is payable for making the application.
Circumstances in which fee may be refunded
(8) For the purposes of paragraph 395(2)(c) of the Act, a circumstance in which the FWC must refund an amount equal to the fee paid by a person for the application is that:
(a) the application is subsequently discontinued under section 588 of the Act; and
(b) either:
(i) at the time the application is discontinued, the application has not yet been listed for a conciliation, conference or hearing; or
(ii) if the application has, at or before that time, been listed for a conciliation, conference or hearing, on a specified date or dates--the discontinuance occurs at least 2 days before that date or the earlier of those dates.