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**Chapter 3**Rights and responsibilities of employees, employers, organisations etc.
**Part 3-2**Unfair dismissal

**Division 5**Procedural matters

Regulation3.07

**Division 5—Procedural matters **

**3.07Application fees **

(1) For subsection 395(2) of the Act, this regulation sets out matters relating to a fee
for making an application to the FWC under Division 5 of Part 3-2 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.

(4) The indexation factor for the application year is worked out using the following
formula, and then rounded under subregulation (5):

where:

**index number**, for a quarter, means the All Groups Consumer Price Index
Number (being the weighted average of the 8capital cities) published by the
Australian Statistician for that quarter.

**most recent March year **means the period of 12 months ending on 31 March in
the financial year that occurred immediately before the application year.

**previous March year **means the period of 12 months immediately preceding the
most recent March year.

**quarter **means a period of 3 months ending on 31 March, 30 June, 30 September
or 31 December.

(5) The result under subregulation (4) must be rounded up or down to 3decimal
places, rounding up if the result ends in 0.0005.

(6) A calculation under subregulation (4):

(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

*Fair Work Regulations 2009*

Compilation date: 11/09/2021

Sum of index numbers for quarters in most recent March year
Sum of index numbers for quarters in previous March year

*36*

Compilation No. 36

Registered: 19/10/2021

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