Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:4:p20
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 4 (pt 20/32)
Character Range: 98583–101234

prescribed kind of illness or injury exists if the employee:
 (a) is required by the terms of a workplace instrument:
 (i) to notify the employer of an absence from work; and
 (ii) to substantiate the reason for the absence; and
 (b) complies with those terms.
 (4) A prescribed kind of illness or injury exists if the employee has provided the employer with evidence, in accordance with paragraph 107(3)(a) of the Act, for taking paid personal/carer's leave for a personal illness or personal injury, as mentioned in paragraph 97(a) of the Act.
Note: Paragraph 97(a) of the Act provides that an employee may take paid personal/carer's leave if the leave is taken because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee.
 (5) An illness or injury is not a prescribed kind of illness or injury if:
 (a) either:
 (i) the employee's absence extends for more than 3 months; or
 (ii) the total absences of the employee, within a 12 month period, have been more than 3 months (whether based on a single illness or injury or separate illnesses or injuries); and
 (b) the employee is not on paid personal/carer's leave (however described) for a purpose mentioned in paragraph 97(a) of the Act for the duration of the absence.
 (6) In this regulation, a period of paid personal/carer's leave (however described) for a purpose mentioned in paragraph 97(a) of the Act does not include a period when the employee is absent from work while receiving compensation under a law of the Commonwealth, a State or a Territory that is about workers' compensation.

Division 8—Compliance

Subdivision A—Contraventions involving dismissal

3.02  Application fees
 (1) For subsection 367(2) of the Act, this regulation sets out matters relating to a fee for making an application to the FWC under section 365 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