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WORKPLACE RELATIONS AMENDMENT REGULATIONS 2003 (NO. 2) 2003 NO. 212 - SCHEDULE 1

Amendments relating to the giving of information and documents to the Minister

(regulation 3)

[1] After regulation 139

insert

140 Information and copies of documents to be given to Minister (Act s 48A)

(1)
For subsection 48A (1) of the Act:

(a)
information of the kind mentioned in Schedule 12 is prescribed; and

(b)
copies of documents of the kinds mentioned in Schedule 12 are prescribed.

(2)
For subsection 48A (2) of the Act:

(a)
the information, and the copies of documents, mentioned in Part 1 of Schedule 12 must be given to the Minister in electronic form, in accordance with any particular information technology requirements notified to the President by the Secretary, by the time mentioned in the Part for the information or the copies; and

(b)
the copies of documents mentioned in Part 2 of Schedule 12 must be given to the Minister in paper form by the time mentioned in the Part for the copies.

(3)
Paragraph (2) (a) does not prevent the President from including other relevant information with information given to the Minister in electronic form.

Note
Information prescribed in Part 1 of Schedule 12 is minimum information only.

(4) For subsection 48A (2) of the Act:

(a)
information, and copies of documents, that must be given to the Minister in electronic form must be sent to the e-mail address notified to the President by the Secretary for this paragraph; and

(b)
copies of documents that must be given to the Minister in paper form must be posted to the address notified to the President by the Secretary for this paragraph; and

(c)
the President must ensure that:

(i)
all copies of documents that are to be given to the Minister in paper form during a week are given at the same time in that week; and
(ii)
all information, or copies of documents, of a particular kind that are to be given to the Minister in electronic form during a week are given at the same time in that week.

[2] After Schedule 11

insert

Schedule 12 Information and copies of documents to be given to Minister

(regulation 140)

Part 1 Copies and information in electronic form

Item


Information or copy of document


Time by which information or copy to be given


101


Copy of:

(a) certified agreement; or
(b) extension of certified agreement; or


Within 3 weeks after the certification, extension, variation or order



(c) variation of certified agreement; or
(d) order terminating certified agreement;

if the copy is available in electronic form



102


If:

(a) a certified agreement:
(i) has been declared `confidential'; or
(ii) includes a provision that has been declared `confidential'; and
(b) the agreement is publicly available; and
(c) a copy of the agreement is available in electronic form;

copy of certified agreement


Within 3 weeks after the certification


103


The following information about an application to certify an agreement, if publicly available:

(a) case number;
(b) agreement number (if a number has been allocated to the agreement);
(c) the number of employees who will be covered by the agreement;
(d) whether any of those employees is within any of the groups mentioned in paragraph (e);
(e) the number of those employees who are:
(i) women; or


Within 3 weeks after the application to certify the agreement is lodged in the Industrial Registry



(ii) persons from a non-English speaking background; or
(iii) under 21; or
(iv) Aboriginals or Torres Strait Islanders; or
(v) disabled persons; or
(vi) part-time employees; or
(vii) casual employees



104


The following information about a certified agreement:

(a) agreement number;
(b) date of certification;
(c) the expiry date of the agreement;
(d) matter type (by reference to the relevant section of the Act);
(e) title of the agreement;
(f) whether the agreement is a variation of an existing agreement or a new agreement;
(g) case number;
(h) print number;
(i) the names of the employer and the organisation of employees bound by the agreement;
(j) how the Commission was constituted for the certification of the agreement (if constituted by a panel — which panel)

Note
This information may be available from a system used by the Australian Industrial Registry for tracking of certified agreements.


Within 2 weeks after the certification


105


The following information about a matter to which section 45, section 127, section 166A, section 170LW, section 170MW, section 170MX, subsection 285A (3) or section 298Z of the Act, or section 18 of Schedule 1B to the Act (including a matter in which application was made under the former section 188 of the Act) applies:

(a) a statement that the matter has commenced;
(b) case number;
(c) all related print numbers;
(d) matter type (by reference to the relevant section of the Act);
(e) the place where the matter was lodged;
(f) the name and role (eg applicant, respondent) of each party;
(g) the type of party (eg individual, organisation);
(h) if a party is an organisation — whether the party is an employee organisation or an employer organisation;
(i) the outcome of the matter (if reached) and remedies obtained (if any);
(j) case summary text information (if available)


Within 1 month after the matter commences


106


The following information about a matter to which section 170CE of the Act applies:

(a) a statement that the matter has commenced;
(b) case number;
(c) all related print numbers;
(d) matter type (by reference to the relevant section of the Act);
(e) the place where the matter was lodged;
(f) the outcome of the matter (if reached) and remedies obtained (if any), including the amount of any financial remedy;
(g) case summary text information (if available)


Within 1 month after the matter commences


107


If information about a matter has been given under item 105 or 106, and the matter is finalised in a subsequent month — the following information:

(a) a statement that the matter was finalised on a particular day;


Within 1 month after the matter is finalised



(b) case number;
(c) all related print numbers;
(d) the outcome of the matter (if reached) and remedies awarded (if any), including the amount of any financial remedy;
(e) case summary text information (if available)



Part 2 Copies of documents in paper form

Item


Copy of document


Time by which copy to be given


201


Copy of:

(a) certified agreement; or
(b) extension of certified agreement; or
(c) variation of certified agreement; or
(d) order terminating certified agreement


Within 3 weeks after the certification, extension, variation or order


202


Copy of certified agreement that:

(a) has been declared `confidential'; or
(b) includes a provision that has been declared `confidential';

if the agreement is publicly available


Within 3 weeks after the certification



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