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Chapter 3Rights and responsibilities of employees, employers, organisations etc. Part 3-1General protections

Division 8Compliance

Regulation3.03

(a) is to be made using the index numbers published in terms of the most recently published reference base for the Consumer Price Index; and

(b) is to be made disregarding index numbers that are published in substitution for previously published index numbers (unless the substituted numbers are published to take account of changes in the reference base).

No fee—hardship

(7) If the FWC is satisfied that the person making an application will suffer serious hardship if the person is required to pay the fee, no fee is payable for making the application.

Refund of fee—discontinuing application

(8) The FWC must repay to the person an amount equal to the fee if:

(a) the fee has been paid; and

(b) the application is subsequently discontinued as mentioned in section 588 of the Act; and

(c) either:

(i) at the time the application is discontinued, the application has not yet been listed for conducting a conference; or

(ii) if the application has, at or before that time, been listed for conducting a conference on a specified date or dates—the discontinuance occurs at least 2days before that date or the earlier of those dates.

SubdivisionB—Other contraventions

3.03Application fees

(1) For subsection 373(2) of the Act, this regulation sets out matters relating to a fee for making an application to the FWC under section 372 of the Act.

Fee at commencement of Regulations

(2) If the application is made in the financial year starting on 1 July 2009, the fee is $59.50.

Method for indexing the fee

(3) If the application is made in a financial year starting on 1 July 2010, or 1 July in a later year (the application year), the amount of the fee is to be worked out as follows:

(a) identify the amount of the fee for an application made in the previous financial year;

(b) multiply it by the indexation factor for the application year (see subregulation (4));

(c) round the result to the nearest multiple of 10 cents, rounding up if the result ends in 5 cents.

30

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

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