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WORKPLACE RELATIONS AMENDMENT (FAIR TERMINATION) ACT 2003 NO. 104, 2003 - SCHEDULE 2

- Fees for lodging termination applications

Workplace Relations Act 1996

1 After section 170CE

Insert:

170CEAA Fees for lodging applications under section 170CE

Applications in respect of which a fee is payable

(1) A fee is payable for the lodging of an application under subsection 170CE(1), (2), (3) or (4).

Note: This has effect subject to subsection (7) (which deals with hardship).

Amount of fee if application is lodged in first financial year

(2) If the application is lodged at a time that is:

(a)
after the commencement of this section; and

(b)
in the first financial year that ends after that commencement;

the amount of the fee is $50.

Amount of fee if application is lodged in later financial year

(3) If the application is lodged in a later financial year (the year of lodgment ), the amount of the fee is to be worked out by:

(a)
taking the amount of the fee for an application lodged in the previous financial year; and

(b)
multiplying that amount by the indexation factor for the year of lodgment (see subsection (4)); and

(c)
rounding the result to the nearest multiple of 10 cents (rounding up if the result is exactly half-way in between).

(4) For the purposes of subsection (3), the indexation factor for the year of lodgment is worked out using the following formula (then rounded under subsection (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 year of lodgment.

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 subsection (4) must be rounded up or down to 3 decimal places (rounding up if the result is exactly half-way in between).
(6) Calculations under subsection (4):

(a)
are to be made using only the index numbers published in terms of the most recently published reference base for the Consumer Price Index; and

(b)
are 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 reference base).

Fee not payable in case of hardship

(7) If a Registrar is satisfied that the person lodging the application will suffer serious hardship if the person is required to pay the fee, no fee is payable for lodging the application.

Refund of fee if application discontinued in certain circumstances

(8) If:

(a)
the fee has been paid; and

(b)
the application is subsequently discontinued as mentioned in subsection 170CE(9); and

(c)
either:

(i)
at the time the application is discontinued, the application has not yet been listed for attention by the Commission; or
(ii)
if the application has, at or before that time, been listed for attention by the Commission on a specified date or dates—the discontinuance occurs at least 2 days before that date or the earlier of those dates;
an amount equal to the fee is to be repaid by the Commonwealth to the person who paid it.



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