Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:5:p2
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 5 (pt 2/5)
Character Range: 224902–227562

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.
 (5) 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.

6.05  Application fees
 (1) For subsection 775(2) of the Act, this regulation sets out matters relating to a fee for making an application to the FWC under section 773 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 is 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 8 capital 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 3 decimal places, rounding up if the result is 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 index reference period 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 index reference period).

No fee—hardship
 (7) If the FWC is satisfied that the person making an application will suffer serious hardship if