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FAIR WORK REGULATIONS 2009 (SLI NO 112 OF 2009) - SCHEDULE 5.2

Information and copies of documents to be provided to the Minister and the Fair Work Ombudsman

(regulation 5.04)

Part 1           Information and copies of documents to be provided to the Minister

Item

This information or copy of a document ...

is to be provided to the Minister ...

1              Awards

1.1

The number of:

   (a)  determinations varying modern awards; and

   (b)  modern awards; and

   (c)  determinations revoking modern awards;

made in a quarter under section 157 of the Act

as soon as practicable after the end of the quarter

1.2

The number of applications made in a quarter under section 158 of the Act for:

   (a)  the making of a determination varying or revoking a modern award under section 157 of the Act; or

   (b)  the making of a modern award, under section 157 of the Act

as soon as practicable after the end of the quarter

1.3

The number of determinations made in a quarter under section 161 of the Act varying modern awards

as soon as practicable after the end of the quarter

2              Enterprise agreements

2.1

The number of applications for the approval of enterprise agreements made in a quarter under section 185 of the Act

as soon as practicable after the end of the quarter

2.2

The number of applications for variations of an enterprise agreement made in a quarter under section 210 of the Act

as soon as practicable after the end of the quarter

2.3

The number of applications for variations of an enterprise agreement made in a quarter under section 217 of the Act

as soon as practicable after the end of the quarter

2.4

The number of enterprise agreements approved in a quarter under section 186 of the Act

as soon as practicable after the end of the quarter

2.5

The number of enterprise agreements approved in a quarter under section 189 of the Act

as soon as practicable after the end of the quarter

2.6

The number of enterprise agreements approved in a quarter under section 211 of the Act

as soon as practicable after the end of the quarter

2.7

The number of variations of enterprise agreements approved in a quarter under section 211 of the Act

as soon as practicable after the end of the quarter

3              Bargaining orders

3.1

The number of applications for bargaining orders made in a quarter under section 229 of the Act

as soon as practicable after the end of the quarter

3.2

The number of applications for serious breach declarations made in a quarter under section 234 of the Act

as soon as practicable after the end of the quarter

3.3

The number of applications for majority support determinations made in a quarter under section 236 of the Act

as soon as practicable after the end of the quarter

3.4

The number of applications for scope orders made in a quarter under section 238 of the Act

as soon as practicable after the end of the quarter

3.5

The number of applications for FWA to deal with disputes made in a quarter under section 240 of the Act

as soon as practicable after the end of the quarter

3.6

The number of bargaining orders made in a quarter under section 230 of the Act

as soon as practicable after the end of the quarter

3.7

The number of serious breach declarations made in a quarter under section 235 of the Act

as soon as practicable after the end of the quarter

3.8

The number of majority support determinations made in a quarter under section 237 of the Act

as soon as practicable after the end of the quarter

3.9

The number of scope orders made in a quarter under section 238 of the Act

as soon as practicable after the end of the quarter

3.10

The number of decisions to deal with a dispute made in a quarter under section 240 of the Act

as soon as practicable after the end of the quarter

4              Low-paid bargaining

4.1

The number of applications made for low-paid authorisations in a quarter under section 242 of the Act

as soon as practicable after the end of the quarter

4.2

The number of low-paid authorisations made in a quarter under section 243 of the Act

as soon as practicable after the end of the quarter

4.3

The number of low-paid authorisations varied in a quarter under section 244 of the Act

as soon as practicable after the end of the quarter

5              Single interest employer authorisations

5.1

The number of applications for single interest employer authorisations made in a quarter under section 248 of the Act

as soon as practicable after the end of the quarter

5.2

The number of applications for variations of single interest employer authorisations to remove the employer's name from the authorisation made in a quarter under section 251 of the Act

as soon as practicable after the end of the quarter

5.3

The number of applications for variations of single interest employer authorisations to extend the period for which the authorisation is in operation made in a quarter under section 252 of the Act

as soon as practicable after the end of the quarter

5.4

The number of single interest employer authorisations made in a quarter under section 249 of the Act

as soon as practicable after the end of the quarter

5.5

The number of single interest employer authorisations varied to remove the employer's name from the authorisation in a quarter under section 251 of the Act

as soon as practicable after the end of the quarter

5.6

The number of single interest employer authorisations varied to extend the period for which the authorisation is in operation in a quarter under section 252 of the Act

as soon as practicable after the end of the quarter

6              Workplace determinations

6.1

The number of applications for consent low-paid determinations made in a quarter under section 260 of the Act

as soon as practicable after the end of the quarter

6.2

The number of applications made for special low-paid workplace determinations in a quarter under section 260 of the Act

as soon as practicable after the end of the quarter

6.3

The number of consent low-paid determinations made in a quarter under section 261 of the Act

as soon as practicable after the end of the quarter

6.4

The number of special low-paid workplace determinations made in a quarter under section 262 of the Act

as soon as practicable after the end of the quarter

6.5

The number of industrial action related workplace determinations made in a quarter under section 266 of the Act

as soon as practicable after the end of the quarter

6.6

The number of bargaining related workplace determinations made in a quarter under section 269 of the Act

as soon as practicable after the end of the quarter

7              Equal remuneration orders

7.1

The number of equal remuneration orders made in a quarter under section 302 of the Act

as soon as practicable after the end of the quarter

8              Transfer of business

8.1

The number of applications for orders relating to instruments covering a new employer and transferring employees made in a quarter under section 318 of the Act

as soon as practicable after the end of the quarter

8.2

The number of applications for orders relating to instruments covering a new employer and transferring employees made in a quarter under section 319 of the Act

as soon as practicable after the end of the quarter

8.3

The number of applications for variations of a transferable instrument made in a quarter under section 320 of the Act

as soon as practicable after the end of the quarter

8.4

The number of orders made in a quarter under section 318 of the Act relating to instruments covering a new employer and transferring employees

as soon as practicable after the end of the quarter

8.5

The number of orders made in a quarter under section 319 of the Act relating to instruments covering a new employer and transferring employees

as soon as practicable after the end of the quarter

8.6

The number of variations of transferable instruments made in a quarter under section 320 of the Act

as soon as practicable after the end of the quarter

9              General protections -- compliance

9.1

The number of applications for FWA to deal with disputes made in a quarter under section 365 of the Act

as soon as practicable after the end of the quarter

9.2

The number of applications for FWA to deal with disputes made in a quarter under section 372 of the Act

as soon as practicable after the end of the quarter

9.3

The number of certificates issued in a quarter under section 369 of the Act to the effect that FWA is satisfied that all reasonable attempts to resolve a dispute have been, or are likely to be, unsuccessful

as soon as practicable after the end of the quarter

10           Unfair dismissal

10.1

The number of applications for orders granting a remedy made in a quarter under section 394 of the Act

as soon as practicable after the end of the quarter

10.2

For applications for an order granting a remedy dealt with in a quarter under section 394 of the Act:

   (a)  the number of applications in relation to which the dismissal was found to be unfair, including:

         (i)   the number of orders made in the quarter under section 391 of the Act for a person's reinstatement; and

        (ii)   the number of orders made in the quarter under section 392 of the Act for the payment of compensation to a person; and

as soon as practicable after the end of the quarter

 

   (b)  the number of applications that related to a small business employer; and

   (c)  the number of applications dismissed because dismissal was found to be fair; and

   (d)  the number of claims dismissed because the dismissal was consistent with the Small Business Fair Dismissal Code; and

 

 

   (e)  the number of claims dismissed because the dismissal was a case of genuine redundancy; and

 

 

   (f)  the number of cases dismissed for want of jurisdiction; and

   (g)  the number of cases settled without a decision being made; and

   (h)  the time from the date of the application to the date of judgement; and

 

 

    (i)  the number of cases settled by the conduct of 1 or more conferences; and

    (j)  the number of cases settled by hearing

 

10.3

The number of applications for FWA to deal with disputes for which FWA had allowed a further period for the application to be made that were made in a quarter under section 394 of the Act

as soon as practicable after the end of the quarter

10.4

The number of orders for costs against a lawyer or a paid agent made in a quarter under section 401 of the Act

as soon as practicable after the end of the quarter

11           Protected action ballots and industrial action

11.1

The number of applications to vary protected ballot orders made in a quarter under section 447 of the Act

as soon as practicable after the end of the quarter

11.2

The number of applications to revoke protected ballot orders made in a quarter under section 448 of the Act

as soon as practicable after the end of the quarter

11.3

The number of applications to extend periods in which industrial action is authorised made in a quarter under section 459 of the Act

as soon as practicable after the end of the quarter

11.4

The number of applications for orders varying the proportion by which an employee's payments are reduced made in a quarter under section 472 of the Act

as soon as practicable after the end of the quarter

11.5

The number of orders made in a quarter under section 447 of the Act to vary a protected ballot order

as soon as practicable after the end of the quarter

11.6

The number of orders made in a quarter under section 448 of the Act to revoke a protected ballot order

as soon as practicable after the end of the quarter

11.7

The number of extensions made in a quarter under section 459 of the Act to extend a period in which industrial action is authorised

as soon as practicable after the end of the quarter

11.8

The number of orders made in a quarter under section 472 of the Act varying the proportion by which an employee's payments are reduced

as soon as practicable after the end of the quarter

12           Right of entry

12.1

The number of applications for orders relating to access to non-member records made in a quarter under section 483AA of the Act

as soon as practicable after the end of the quarter

12.2

The number of applications for orders relating to a dispute about the operation of Part 3-4 of the Act made in a quarter under section 505 of the Act

as soon as practicable after the end of the quarter

12.3

The number of orders relating to access to non-member records made in a quarter under section 483AA of the Act

as soon as practicable after the end of the quarter

12.4

The number of orders relating to a dispute about the operation of Part 3-4 of the Act made in a quarter under section 505 of the Act

as soon as practicable after the end of the quarter

12.5

The number of actions restricting the rights that are exercisable under Part 3-4 of the Act by an organisation, or officials of an organisation taken in a quarter under section 508 of the Act

as soon as practicable after the end of the quarter

12.6

The number of entry permits revoked in a quarter under section 510 of the Act

as soon as practicable after the end of the quarter

12.7

The number of entry permits suspended in a quarter under section 510 of the Act

as soon as practicable after the end of the quarter

12.8

The number of applications for entry permits made in a quarter under section 512 of the Act

as soon as practicable after the end of the quarter

12.9

The number of applications for exemption certificates made in a quarter under section 519 of the Act

as soon as practicable after the end of the quarter

12.10

The number of applications for affected member certificates made in a quarter under section 520 of the Act

as soon as practicable after the end of the quarter

12.11

The number of entry permits issued in a quarter under section 512 of the Act

as soon as practicable after the end of the quarter

12.12

The number of exemption certificates issued in a quarter under section 519 of the Act

as soon as practicable after the end of the quarter

12.13

The number of affected member  certificates issued in a quarter under section 520 of the Act

as soon as practicable after the end of the quarter

13           Miscellaneous -- disputes

13.1

The number of applications for FWA to deal with disputes in relation to a refusal by an employer to a request by an employee for flexible working arrangements made in a quarter under section 739 of the Act

as soon as practicable after the end of the quarter

13.2

The number of applications for FWA to deal with disputes made in a quarter under section 773 of the Act

as soon as practicable after the end of the quarter

13.3

The number of certificates issued in a quarter under section 777 of the Act to the effect that FWA is satisfied that all reasonable attempts to resolve a dispute have been, or are likely to be, unsuccessful

as soon as practicable after the end of the quarter

14           Industrial action

14.1

A list of the applications filed in a week under sections 418, 419 and 420 of the Act for orders relating to stopping industrial action, including:

   (a)  a statement that the matter has commenced; and

   (b)  the case numbers of the applications; and

as soon as practicable after the end of the week

14.2

A list of all applications filed in a week under sections 423, 424, 425 and 426 of the Act for orders suspending or terminating protected industrial action

as soon as practicable after the end of the week

14.3

A list of all applications filed in a week under Division 8 of Part 3-3 of the Act relating to protected action ballots

as soon as practicable after the end of the week

14.4

For a list mentioned in item 14.1, 14.2 or 14.3:

   (a)  a statement that the matter has commenced; and

   (b)  the case numbers of the applications; and

as soon as practicable after the end of the week

 

   (c)  the type of matter, identified by reference to the relevant section of the Act; and

   (d)  the names of the parties, identifying which of the parties is the applicant and the respondent; and

 

 

   (e)  whether the party is an individual or an organisation; and

   (f)  for a party that is an organisation -- whether the party is an employee or employer organisation; and

 

 

   (g)  a copy of any order made in relation to the matter

 

15           Enterprise agreements

15.1

For an enterprise agreement that has been approved under section 186, 211 or 217 of the Act:

   (a)  a copy of the enterprise agreement and any variation of the enterprise agreement; and

as soon as practicable, but not later than 21 days after the day on which the relevant decision or order was made

 

   (b)  the title of the enterprise agreement; and

   (c)  the number assigned to the enterprise agreement by FWA; and

 

 

   (d)  the date on which the enterprise agreement was approved or varied; and

   (e)  the name of each employer; and

   (f)  the Australian Business Number (if any) of each employer; and

 

 

   (g)  a brief description of the work undertaken at each workplace to which the enterprise agreement applies; and

   (h)  the name of each employee organisation which the enterprise agreement covers; and

 

 

    (i)  each State or Territory in relation to which the enterprise agreement applies; and

    (j)  the name of each award that covers an employee who is, or will be, covered by the enterprise agreement; and

 

 

   (k)  if the enterprise agreement replaces another agreement:

         (i)   the title of the replaced agreement; and

        (ii)   the number of the replaced agreement, as assigned by FWA or the Workplace Authority; and

 

 

    (l)  whether the enterprise agreement is:

         (i)   a single-enterprise agreement; or

        (ii)   a multi-enterprise agreement; or

       (iii)   a greenfields agreement; and

  (m)  the number of employees covered by the enterprise agreement; and

 

 

   (n)  the number of agreements approved under subsection 189 (2) of the Act; and

 

 

   (o)  whether the enterprise agreement was made as a result of a low-paid bargaining authorisation; and

   (p)  whether the enterprise agreement was made as a result of a single-interest employer authorisation

 

15.2

For an order made under section 223 or 226 of the Act approving the termination of an enterprise agreement or terminating the enterprise agreement:

   (a)  a copy of the approval or termination; and

as soon as practicable, but not later than 21 days after the day on which the order was made

 

   (b)  i f the agreement previously had a different number assigned by FWA -- each previous number; and

   (c)  the date on which the termination took effect or will take effect

 

Part 2           Information and copies of documents to be provided to the Fair Work Ombudsman

Item

This information or copy of a document ...

is to be provided to the Fair Work Ombudsman ...

1              General protections -- compliance

1.1

The number of applications for FWA to deal with disputes made in a quarter under section 365 of the Act

as soon as practicable after the end of the quarter

1.2

The number of applications for FWA to deal with disputes made in a quarter under section 372 of the Act

as soon as practicable after the end of the quarter

2              Unfair dismissal

2.1

The number of applications for orders granting a remedy made in a quarter under section 394 of the Act

as soon as practicable after the end of the quarter

2.2

For applications for an order granting a remedy dealt with in a quarter under section 394 of the Act:

   (a)  the number of applications in relation to which the dismissal was found to be unfair, including:

         (i)   the number of orders made in the quarter under section 391 of the Act for a person's reinstatement; and

        (ii)   the number of orders made in the quarter under section 392 of the Act for the payment of compensation to a person; and

as soon as practicable after the end of the quarter

 

   (b)  the number of applications that related to a small business employer; and

   (c)  the number of applications dismissed because dismissal was found to be fair; and

 

 

   (d)  the number of claims dismissed because the dismissal was consistent with the Small Business Fair Dismissal Code; and

   (e)  the number of claims dismissed because the dismissal was a case of genuine redundancy; and

   (f)  the number of cases dismissed for want of jurisdiction; and

 

 

   (g)  the number of cases settled without a decision being made; and

   (h)  the time from the date of the application to the date of judgement; and

 

 

    (i)  the number of cases settled by the conduct of 1 or more conferences; and

    (j)  the number of cases settled by hearing

 

3                 Industrial action

3.1

The number of applications to vary protected ballot orders made in a quarter under section 447 of the Act

as soon as practicable after the end of the quarter

3.2

The number of applications to revoke protected ballot orders made in a quarter under section 448 of the Act

as soon as practicable after the end of the quarter

3.3

The number of applications to extend periods in which industrial action is authorised made in a quarter under section 459 of the Act

as soon as practicable after the end of the quarter

3.4

The number of applications for orders varying the proportion by which an employee's payments are reduced made in a quarter under section 472 of the Act

as soon as practicable after the end of the quarter

3.5

The number of orders made in a quarter under section 447 of the Act to vary a protected ballot order

as soon as practicable after the end of the quarter

3.6

The number of orders made in a quarter under section 447 of the Act to revoke a protected ballot order

as soon as practicable after the end of the quarter

3.7

The number of extensions made in a quarter under section 459 of the Act to extend a period in which industrial action is authorised

as soon as practicable after the end of the quarter

3.8

The number of orders made in a quarter under section 459 of the Act relating to a dispute about the operation of Part 3-4 of the Act, including the number of orders in relation to which FWA dealt with the dispute on its own initiative

as soon as practicable after the end of the quarter

3.9

A list of the applications filed in a week under sections 418, 419 and 420 of the Act for orders relating to stopping industrial action, including:

   (a)  a statement that the matter has commenced; and

   (b)  the case numbers of the applications; and

as soon as practicable after the end of the week

3.10

A list of all applications filed in a week under sections 423, 424, 425 and 426 of the Act for orders suspending or terminating protected industrial action

as soon as practicable after the end of the week

3.11

A list of all applications filed in a week under Division 8 of Part 3-3 of the Act relating to protected action ballots

as soon as practicable after the end of the week

3.12

For a list mentioned in item 3.9, 3.10 or 3.11:

   (a)  a statement that the matter has commenced; and

   (b)  the case numbers of the applications; and

as soon as practicable after the end of the week

 

   (c)  the type of matter, identified by reference to the relevant section of the Act; and

   (d)  the names of the parties, identifying which of the parties is the applicant and the respondent; and

 

 

   (e)  whether the party is an individual or an organisation; and

   (f)  for a party that is an organisation -- whether the party is an employee or employer organisation

 

3.13

A copy of a written report about a protected action ballot made under section 458 of the Act

within 24 hours after the report is written

3.14

A copy of any order made in relation to a matter mentioned in item 3.9, 3.10 or 3.11

either:

   (a)  within 24 hours after the order is made; or

   (b)  if the order has not been written within that period -- as soon as practicable



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