Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 789FC(4) of the Act, this regulation sets out matters relating to a fee for making an application to the FWC under subsection 789FC(1) of the Act.
Fee at commencement of this regulation
(2) If an application is made on or after 1 January 2014 but before 1 July 2014, the fee is $65.50.
Method for indexing the fee
(3) If an application is made in a financial year starting on or after 1 July 2014 (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 later of:
(i) the year commencing on 1 January 2014; and
(ii) 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.
Refund of fee--discontinuing application
(8) The FWC must repay to the person an amount equal to the fee if:
(a) the fee has been paid; and
(b) the application is subsequently discontinued as mentioned in section 588 of the Act; and
(c) at the time the application is discontinued, the application has not yet been listed for conducting a conference or hearing.