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

Division 5Procedural 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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