Commonwealth Numbered Regulations

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 53

(1) An application under subsection 170MD (2) of the Act for the approval of
the Commission to vary a certified agreement must be:

   (a)  in accordance with Form R35 and made by:

        (i)    the employer; or

        (ii)   if one or more organisations of employees are bound by the
               agreement-one of the organisations; and

   (b)  accompanied by:

        (i)    a copy of the variation or varied agreement; and

        (ii)   a statutory declaration, made by a person authorised to do so,
               that states the facts on the basis of which the Commission can
               be satisfied that the requirements of subsection 170MD (3) of
               the Act have been met; and

        (iii)  if one or more organisations of employees are bound by the
               agreement-a statement signed by the employer and each
               organisation that they agree to the variation.

(2) If subparagraph (1) (a) (i) applies, the statutory declaration
accompanying the application must state whether the approval is sought in
accordance with a request by one or more employees under subsection 170MDA (1)
of the Act.

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

   (a)  the employer; and

   (b)  if one or more organisations of employees are bound by the
        agreement-each organisation; and

   (c)  any other interested person, if the Commission so directs.