The Fair Work Commission has registered the Fair Work Commission Amendment (Applications for Protected Action Ballot Orders) Rules 2016.
The amendments to the Fair Work Commission Rules 2013 are effective from 1 January 2017, and a compilation incorporating the amended rules will be available on the Federal Register of Legislation website shortly.
The amended Rules require that a new Form F34B – Statutory declaration in support of an application for a protected action ballot order accompany Form F34 – Application for a protected action ballot order when lodged with the Commission.
Lodging a statutory declaration by the applicant in support of a protected action ballot order application will allow uncontested applications to be decided largely ‘on the papers’ instead of holding a formal hearing.
The amended Rules also remove Rule 31(2) as Rules 13 to 16 already make provision for lodging documents.
In addition, Form F17 – Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a Greenfields agreement) has been amended to incorporate changes introduced by the Fair Work Amendment (Respect for Emergency Services Volunteers) Act 2016, relating to objectionable emergency management terms. Part 4 of the form has been amended in relation to the use and disclosure of statistical information.
The new and updated forms are available on the Forms page of the Commission’s website.