Commonwealth Numbered Regulations

1996 No. 1 RULES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION (AMENDMENT) - RULE 5

  5.1 Add at the end:   "Australian Industrial Relations Commission
Commission use only
file
number Application for relief in respect of termination date
of employment                                     received
Industrial Relations Act 1988 (Cth) section 170EA - form R28 application by
the employee alone union - give name of union: Details of employee
Mr    Mrs    Ms                Family name          given names
1 full name
2 home address                                      postcode

3 phone                 (business hours) (   )     (after hours) (   )

                                                   facsimile (   )

4 date of birth         day/month/year

5 first language         English     other   (specify)

                         Is an interpreter needed? Yes    No
Details of employment 6 employer's name 7 employer's trading address or
registered office
postcode
                                  phone (   )            fax (   )
8 work performed for employer

   (occupation)
9 place of work                 suburb/town              postcode

10 period of employment        date started work      last date worked

                                     /     /               /     /

11 Were you given a                          No.

  written notice of termination?             Yes   - copy attached

If yes, on what date did
you receive written notice
of your termination?
                                                  /    /     .
Extension of time This section to be completed if the application is made more
than 14 days after receipt of written notice of termination. My reason/s for
seeking an extension of time to lodge this application is/are: (or attached)
Details of union
12 Is your union acting on your behalf?           No    go to 15

                                                  Yes   go to 13

13 name and address of union                      postcode
14 union contact person
                                     phone (    )      fax (    )
Details of representative
15 Is anyone representing you?           No   go to 19  Yes   go to 16
16 name of solicitor's firm 17 name of solicitor or of your authorised
representative
18 address                                                 postcode

                                   phone  (    )         fax  (    )
Notices from the Commission
19 Where do you want notices from the     address in 2  union in 13-14

Commission sent? (choose one only)        solicitor in 16-18 p

other -give details Remedy sought
20 What are you seeking?                  reinstatement   compensation

                                          other   -give details
21 Brief summary of reason/s given for termination
(or attached) Declaration I declare that all the facts in this application are
correct and complete to the best of my knowledge and belief. If a union is
applying on behalf of the employee, a union representative must sign here I
understand that the Commission arranges for the conciliation of the matter
first. If the matter is settled by conciliation it will not be necessary to go
to Court or to have the matter arbitrated by the Commission.
                        signature for union           date

                                                    /    /
The employee must sign this declaration*
name (print)                   position

signature of employee          date

                                 /    /
If a solicitor or authorised representative has prepared the application, that
person must sign here

*Note: The application need not be signed by the employee if the application
is made by a trade union on the employee's behalf or the application has been
prepared by a solicitor or an authorised
representative.      signature of solicitor or            date

authorised representative                               /    /
name (print) position Commission use only Ext Time: Employer's name amended:
Result:
"Australian Industrial Relations Commission     Commission use only

Application in respect of termination of        date

employment- notice of employer's appearance     received
Industrial Relations Act 1988 (Cth) section 170EA - form R29 1 File number as
on application 2 Employee's full name
as on application
                             family name        given names
Details of employer - named on the application 3 full name
4 Has the employee given your name correctly?     Yes     No - it is

as in (3) 5 address
6 contact person     family name             given names

- name
  - phone               (   )                 fax (   )

7 type                    company     partnership     sole trader

government authority
                          cooperative   club   other   specify________

8 Are you the true employer?       Yes     No  - Who is?  Give details
Details of representative
9 Is anyone representing you?      No   go to 14     Yes  -solicitor

employer organisation 10 name of solicitor's firm or employer organisation 11
address
postcode 12 solicitor or contact person
13 phone                            (   )            fax (   )
Address for notices 14 Where do you want notices from the Commission sent?
(choose one
only) address in 4-5p          or        address in 10-12 p
Reasons for termination 15 Brief summary of reason/s given for termination (or
attached) Declaration
I declare that all the facts in this notice   employer   solicitor

are correct and complete to the best of       employer organisation
my knowledge and belief.
                                     signature          date

                                                       /    /

                                      name (print)        position


                              "FORM R30             Rule 46
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF DISCONTINUANCE
Commission Reference___________________ In the matter of
________________________________________ Applicant
( insert name of employee)
-and-
__________________________________________ Respondent
(insert name of employer)
The applicant wholly discontinues this matter.
Dated:__________________________ Signed: ___________________________________
(applicant/solicitor/authorised representative)

                           "FORM R31                      Rule 48
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF ELECTION OF CONSENT ARBITRATION
UNDER SUBREGON 170EB (2) OR (3) In the matter of (insert names of parties and
the matter number)
*I/We,   (insert name/s  of party/parties  to the matter)
being *a party/the parties to the abovementioned matter CONSENT TO HAVE THE
MATTER DEALT WITH BY CONSENT ARBITRATION BY THE COMMISSION.

*I/We understand that the mutual consent of the parties to this matter to have
the matter dealt with by consent arbitration by the Commission constitutes an
agreement between the parties: (a) to submit this matter to the process of
consent arbitration by the Commission; and (b) to comply with any requirement
of the Commission for the purpose of the arbitration; and (c) to comply with
any award made by the Commission on the arbitration; and (d) if that award is
taken on appeal to a Full Bench of the Commission - to comply with the award
as confirmed, varied or substituted on that appeal.

*I/We acknowledge that the consent arbitration of this matter must be
conducted by a member of the Commission other than the member of the
Commission who attempted to settle this matter by conciliation ("the
conciliator"), unless the parties agree to the arbitration being conducted by
the conciliator.#

*name and signature of                 *name and signature
employee or                            of employer or
employee's authorised                  employer's authorised
representative                         representative




**name and signature of authorised officer of trade union and name of trade
union Dated: .............................. #The following part of Form R31 is
required to be completed only in the event that the parties are in agreement
that the consent arbitration may be conducted by the conciliator.

*I/We AGREE that the consent arbitration of the abovementioned matter may be
conducted by the conciliator.
*name and signature of                  *name and signature

employee or                             of employer or

employee's authorised                   employer's authorised

representative                          representative


**name and signature of authorised officer of trade union and name of trade
union

*If Form R31 is not jointly completed, each party must file a separate form.

**If a trade union has made the application under section 170EA of the Act on
behalf of the employee, the notice of election must be signed by an authorised
officer of the trade union.

                              "FORM R32                  Rule 50
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
NOTICE OF APPEAL UNDER REGON 170ECA IN the matter of: (insert the title of the
matter and the case number of the matter appealed) Notice of an appeal is
given by (insert name of appellant) from the award made by (insert name of
member of the Commission) at (place) on (date) in this matter. The grounds of
this appeal are as follows: (Set out in numbered paragraphs the particulars on
which the Commission was in error in deciding to make the award)
Dated                                     19         .

_______________________
Signature of appellant Note: If it is intended to seek a stay of the whole or
part of the award, pending the determination of the appeal, the notice of
appeal must include an application to that effect, as set out below:

"Application is also made for an order that the operation of (set out the
whole or part of the award) be stayed pending the determination of this appeal
or until further order of the Commission.
  Dated                                   19         .

__________________________
Signature of appellant

                           "FORM R33                         Rule 50
Industrial Relations Act 1988
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICATION FOR AN EXTENSION OF TIME FOR
INSTITUTING AN APPEAL UNDER REGON 170ECA IN the matter of: (insert the title
of the matter and case number of the matter appealed) Application is made by
(insert name of appellant) for an extension of time for instituting an appeal
from the award made by (insert name of member of the Commission) at (place) on
(date) in this matter. The grounds of this application are as follows: (Set
out in numbered paragraphs the grounds on which it is claimed an extension of
time should be granted)
Dated                                      19       .

__________________________
Signature of appellant".