Commonwealth Numbered Regulations

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 23

(1) An application under section 113 of the Act for variation of an award, as
it applies to an enterprise or workplace, for the purpose of giving effect to
an agreement made under a provision included in the award under section 113A
of the Act must be:

   (a)  in accordance with Form R7; and

   (b)  accompanied by a copy of the agreement.

(2) Each party to the agreement must lodge with the application a statutory
declaration, made by the party or a person authorised by the party to do so:

   (a)  indicating the facts establishing the basis on which the Commission
        can be satisfied that the requirements of subsection 113B (2) of the
        Act have been met; and

   (b)  stating which organisations of employees are parties to the award and
        have a member or members whose employment would be regulated by the
        variation.

(3) On the Commission fixing a time and place for the hearing of the
application, a Registrar must give notice, as the Commission directs, of the
time and place so fixed to:

   (a)  the parties to the agreement; and

   (b)  each organisation of employees that is a party to the award; and

   (c)  such other persons, if the Commission so directs.