Industrial Relations (General) Regulations 1997

An employer is to ensure that the employment records of the employer are kept —

by —

making entries in the English language in or on a separate page of a bound or loose‑leaf book kept specifically for that purpose; or

recording or storing the particulars required to be entered in the employment records by means of a mechanical, electronic or other device, but so that the particulars so recorded or stored will remain in the form in which they were originally recorded or stored and will be capable of being reproduced in written form in the English language;

with only one employee’s records appearing on any one page;

so that the record for each pay period of each employee is identifiable; and

in a manner that enables compliance with section 49D of the Act to be readily ascertained.

A person is not to alter employment records unless the alteration is annotated so as to identify —

the nature of the alteration;

the person making the alteration; and

the date on which the alteration was made.

For the purposes of paragraph (b) of the definition of “prescribed amount” in section 29AA(5) of the Act the specified salary is $90 000, or that amount as affected by indexation in accordance with regulation 6.

For the purposes of paragraph (b) of the definition of “prescribed amount” in section 29AA(5) of the Act the salary provided for in an employee’s contract of employment is to be worked out as follows —

for an employee who was continuously employed by an employer and was not on leave without full pay at any time during the period of 12 months immediately before the dismissal or claim — the greater of —

the salary that the employee actually received in that period; and

the salary that the employee was entitled to receive in that period;

for an employee who was continuously employed by an employer and was on leave without full pay at any time during the period of 12 months immediately before the dismissal or claim — the total of —

the actual salary received by the employee for the days during that period that the employee was not on leave without full pay; and

for the days that the employee was on leave without full pay an amount worked out using the formula —

for an employee who was continuously employed by an employer for a period less than 12 months immediately before the dismissal or claim — the amount worked out using the formula —

This regulation prescribes a formula under which the amount mentioned in regulation 5(1) (the “indexable amount”) is to be varied annually by the indexation factor (if any).

In this regulation —

If at any time (whether before or after the commencement of this regulation) the Australian Statistician publishes an estimate of the average total weekly earnings (seasonally adjusted) for full‑time adult employees in a particular month in substitution for such an estimate (except a preliminary estimate) previously published by the Australian Statistician for that month, the publication of the later estimate is to be disregarded for the purposes of this regulation.

Subject to subregulation (5), if, on any indexation day, the indexation factor is greater than 1, then, on and after that day, until a later application of this subregulation, an indexable amount is taken to be replaced by the amount worked out by multiplying the indexable amount by the indexation factor.

If an amount worked out under subregulation (4) is not $100, or a multiple of $100 —

if the amount is not $50, or a multiple of $50 — it is to be rounded up or down to $100, or the nearest amount that is a multiple of $100 as appropriate; or

if the amount is $50, or a multiple of $50 — it is to be rounded up to $100, or the next highest amount that is a multiple of $100 as appropriate.

For the purposes of section 80A(2)(a) of the Act, each employer specified in Schedule 4 is declared not to be a national system employer for the purposes of the FW Act.

For the purposes of section 80A(2)(b) of the Act, the day fixed for the purposes of the declaration is 1 January 2023.

Subject to the Act and the provisions of these regulations —

the fees specified in Schedule 1 are to be charged in respect of the matters before the Commission in relation to which they are specified; and

the fees specified in Schedule 2 are to be charged in respect of the matters before the Court in relation to which they are specified.

No fee is payable for any of the following matters —

the registration of a treasurer, trustee, secretary or any other officer of an organisation;

the cancellation of a certificate of registration;

filing of notice of a change of registered office;

filing of a warrant to appear as an agent;

any document in respect of which a fee is already chargeable under the Act or any other written law;

filing of notice of discontinuance of an application.

The Registrar and the Clerk may determine the means, in addition to cash, by which fees may be paid.

The Registrar or a Deputy Registrar may waive a fee referred to in Schedule 1 when the Registrar or Deputy Registrar considers it reasonable to do so.

The Clerk may waive a fee referred to in Schedule 2 item 9 when the Clerk considers it reasonable to do so.

The Clerk may waive a fee referred to in Schedule 2 item 10 when permission to do so has been given by the Presiding Judge.

may be given in the form of GFB 1 in Schedule 3; and

must be accompanied by all of the particulars set out in that form.