Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:7:p15
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 7 (pt 15/17)
Character Range: 175202–177831

or before that time, been listed for conducting a conciliation, conference or hearing on a specified date or dates—the discontinuance occurs at least 2 days before that date or the earlier of those dates.

3A.04  Schedule of costs
 (1) For the purposes of subsection 536ME(1) of the Act, the schedule of costs set out in Schedule 3.1 is prescribed.
Note 1: Broadly, section 536ME of the Act provides that a schedule of costs may be prescribed in relation to matters arising under Part 3A‑3 of the Act (which deals with unfair deactivation and unfair termination). Applications for remedies in relation to such matters are made under section 536LU of the Act.
Note 2: An application for an order for costs must be made in accordance with the procedural rules.
 (2) A bill of costs must identify, by an item number, each cost and disbursement claimed.

Part 3A‑5—Unfair contract terms of services contracts

Division 4—Procedural matters

3A.05  Application fees
 (1) For the purposes of subsection 536NE(1) of the Act, this regulation sets out matters relating to a fee for making an application to the FWC under section 536ND of the Act.

Fee at commencement of this regulation
 (2) If the application is made in the financial year starting on 1 July 2024, the fee is $87.20.

Method for indexing the fee
 (3) If the application is made in a financial year starting on 1 July 2025, 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 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 ends in 0.0005.
 (6) A calculation under subregulation (4):
 (a) is