Industrial Relations Regulations 2015

Industrial Relations Regulations 2015

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Industrial Relations Act 1984 .

C. WARNER

Governor

By Her Excellency's Command,

PETER GUTWEIN

Treasurer

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Industrial Relations Regulations 2015 .

2.   Commencement

These regulations take effect on 28 December 2015.

3.   Interpretation

(1)  In these regulations –

Act means the Industrial Relations Act 1984 ;

appeal means an appeal under section 70(1) of the Act.

(2)  In these regulations a reference to a form by a number is taken to be a reference to the form so numbered in Schedule 1 .

PART 2 - Proceedings before Commission

4.   Stamp of Commission

(1)  The Registrar is to keep a stamp bearing the words "The Stamp of the Tasmanian Industrial Commission".

(2)  The Registrar is to cause the stamp to be affixed to all documents issued under the Act in relation to proceedings before the Commission.

5.   Recording of proceedings

In relation to proceedings before the Commission, the Registrar is to arrange for –

(a) the recording of the proceedings as specified by the President; and

(b) the retention of the recording for a period determined by the President.

6.   Registrar to keep documents

(1)  In relation to proceedings before the Commission in respect of an award, the Registrar is to keep the original of –

(a) the award; and

(b) the written statement of the Commission's reasons referred to in section 37(3)(a) of the Act.

(2)  In relation to the hearing of an appeal, the Registrar is to keep the original of –

(a) any award, decision or declaration; and

(b) any directions made or given by a Full Bench –

in relation to the subject matter of the appeal.

7.   Withdrawal of proceedings

A party applying for proceedings before the Commission may withdraw that application or those proceedings with the leave of the Commission.

8.   Remuneration of witnesses

(1)  A witness attending proceedings of the Commission is entitled to be paid –

(a) $32.63 for every half day's attendance or the amount of wages or other income actually lost while attending or travelling to and from the proceedings, whichever is the greater amount; and

(b) a travelling allowance in accordance with the award if required to be absent overnight from the witness's usual place of residence; and

(c) by way of reimbursement, an amount equal to fares incurred for use of appropriate public transport.

(2)  In this regulation –

award means the Tasmanian State Service Award made under the Act and includes any award made in substitution for that award;

half day means a morning or afternoon session of proceedings;

witness means a person who attends proceedings before the Commission to give evidence when summoned to do so but who is not –

(a) a private employer; or

(b) a member of an association referred to in section 66(3) of the Act; or

(c) an intervener.

PART 3 - Form of applications, &c.

9.   Application for award or variation of award

An application for an award or the variation of an award under section 23(1)(a) of the Act is to be in accordance with Form 1.

10.   Industrial agreements

(1)  A notice of intention to retire from an industrial agreement under section 55(8) of the Act is to be in accordance with Form 2.

(2)  A notice of intention to retire from an industrial agreement under section 55(9) of the Act is to be in accordance with Form 3.

(3)  A notice of intention to retire from an industrial agreement under section 55(10) of the Act is to be in accordance with Form 4.

(4)  A notice concurring with an industrial agreement under section 57 of the Act is to be in accordance with Form 5.

11.   Application for registration under section 63(1) of Act

(1)  The Registrar, as far as practicable, is to deal with applications under section 63(1) of the Act in the order that they are received.

(2)  An application under section 63(1) of the Act is to be accompanied by an affidavit verifying that the particulars contained in the application are true.

12.   Certificate of registration

A certificate of registration of an organisation under section 64(1) of the Act is to be in accordance with Form 6.

13.   Application to alter rules or constitution of organisation

An application for approval to alter the rules or constitution of an organisation under section 67(2) of the Act is to be in accordance with Form 7.

14.   Cancellation of registration of organisation

A request to cancel a registration under section 68(1A) of the Act is to be made in writing to the Registrar.

15.   Declarations of secrecy

(1)  A declaration of secrecy under section 77(3) of the Act is to be in accordance with Form 8.

(2)  A declaration of secrecy under section 83(1) of the Act is to be in accordance with Form 9.

PART 4 - Miscellaneous

16.   Conditions in relation to power of inspection

(1)  The following conditions are prescribed as the conditions subject to which an inspecting officer may exercise the power referred to in section 22(2) of the Act:

(a) before exercising the power, the inspecting officer is to identify himself or herself to the person in charge, or apparently in charge, of the place, premises, vehicle or vessel that the officer proposes to enter in the exercise of the power;

(b) in exercising the power, the inspecting officer is to have regard to the safety or health practices in respect of the place, premises, vehicle or vessel and is not to do anything that unreasonably interferes with the performance of any work.

(2)  An inspecting officer must comply with a condition prescribed by subregulation (1) when exercising the power referred to in section 22(2) of the Act.

Penalty:  Fine not exceeding 5 penalty units.

17.   Record of employees

(1)  A record made by an employer under section 75(1) of the Act is to contain the following information:

(a) the full name of the employer;

(b) the full name and address of each employee;

(c) the date of birth of each employee;

(d) the nature of the contract of employment;

(e) the classification and occupation of each employee and the name of the award, industrial agreement or enterprise agreement that applies to that occupation;

(f) the number of hours worked each day by each employee where the employee works flexible hours outside the ordinary hours of work;

(g) if the relevant award, industrial agreement or enterprise agreement prescribes –

(i) a weekly, daily or hourly rate of wage, details of the rate of wages per week, per day or per hour at which each employee is paid; or

(ii) piecework rates, details of the piecework performed and the rate at which payment is made to each employee;

(h) the gross and net amounts of wages paid to each employee and details of deductions made from those wages;

(i) the date on which each employee commenced employment and, where appropriate, the date of termination of the employment;

(j) details of recreation leave credited or granted, recreation leave payments, sick leave credited or granted and sick leave payments to each employee;

(k) details of any payments made by the employer into a superannuation fund prescribed by an award, industrial agreement or enterprise agreement on behalf of each employee;

(l) such other particulars as may be necessary to show that the hours of work, rates of pay and general conditions of employment prescribed by the relevant award, industrial agreement or enterprise agreement are being complied with.

(2)  The record –

(a) may be incorporated with any other time and wage record ordinarily kept by an employer in relation to an employee; and

(b) in respect of a person who is currently employed, is to show the particulars specified in subregulation (1) for the preceding 12 months of the person's employment with the employer; and

(c) is to be retained for at least 12 months after the date on which the last entry is made in that record.

(3)  An employer who is required to make a record must enter daily in the record such of the particulars prescribed by subregulation (1) as are necessary to ensure that the record is maintained up to date.

Penalty:  Fine not exceeding 5 penalty units.

18.   Right of entry of union official

An officer of an organisation of employees may only enter premises, or part of premises, if the officer identifies himself or herself to the person in charge, or apparently in charge, of the premises or the part of the premises.

SCHEDULE 1 - Forms

Regulation 3(2)

Form 1 - Application for Award or Variation of Award - Section 23(1)

Form 2 - Notice of Intention to Retire from Industrial Agreement - Section 55(8)

Form 3 - Notice of Intention to Retire from Industrial Agreement - Section 55(9)

Form 4 - Notice of Intention to Retire from Industrial Agreement - Section 55(10)

Form 5 - Notice Concurring with Industrial Agreement - Section 57

Form 6 - Certificate of Registration - Section 64(1)

Form 7 - Application for Approval to Alter Rules or Constitution of Organisation - Section 67(2)

Form 8 - Declaration of Secrecy - Section 77(3)

Form 9 - Declaration of Secrecy - Section 83(1)

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 23 December 2015