INDUSTRIAL RELATIONS COMMISSION RULES 2009

INDUSTRIAL RELATIONS COMMISSION RULES 2009

- Made under the Industrial Relations Act 1996
- As at 1 March 2014
- Reg 625 of 2009

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.1.    Name of Rules
   1.2.    Commencement
   1.3.    Repeal
   1.4.    Definitions
   1.5.    Application of Rules to Industrial Committees and Contract of Carriage Tribunal

   PART 2 - ADMINISTRATION

           Division 1 - General

   2.1.    Seals and stamps
   2.2.    Registry offices
   2.3.    Registry hours
   2.4.    Exercise of Commission's functions by Registrar and Registry officers
   2.5.    Correction of orders etc published on NSW industrial relations website
   2.6.    Copies to be filed

           Division 2 - Access to Commission documents

   2.7.    Requirements for leave
   2.8.    Applications for leave to gain access

   PART 3 - COMMENCEMENT OF PROCEEDINGS

   3.1.    Originating process
   3.2.    Matters initiated by Commission
   3.3.    Applications for proceedings to be dealt with urgently
   3.4.    Recovery of wages, remuneration and other amounts

   PART 4 - OTHER STAGES OF PROCEEDINGS

   4.1.    Service of documents following reference
   4.2.    Reply to application
   4.3.    Points of contention

   PART 5 - DISPUTE RESOLUTION

           Division 1 - Dispute notifications under section 130 or 332 of the Act

   5.1.    Notification of dispute
   5.2.    Reinstatement claims related to notification
   5.3.    How disputes to be notified
   5.4.    Service of notification
   5.5.    Summons to attend compulsory conference

           Division 2 - Proceedings under section 139 of the Act

   5.6.    Form of application
   5.7.    Service of summons and affidavit

           Division 3 - Resolution of disputes pursuant to referral by agreement or by authority of Commonwealth legislation

   5.8.    Disputes referred by agreement
   5.9.    Dispute resolution process authorised by Commonwealth legislation

           Division 4 - Dispute notifications under section 20 of the Entertainment Industry Act 2013

   5.10.   Notification of question, dispute or difficulty
   5.11.   How disputes to be notified
   5.12.   Service of notification
   5.13.   Summons to attend compulsory conference

   PART 6 - AWARDS AND CONTRACT DETERMINATIONS

           Division 1 - Preparation of awards

   6.1.    Definitions
   6.2.    Preparation of draft award
   6.3.    Computer-readable version of award to be filed
   6.4.    Settlement of an award
   6.5.    Publication of clauses and formats

           Division 2 - Reprints and consolidations

   6.6.    Registrar may prepare reprints
   6.7.    Consolidations

           Division 3 - Records of persons affected by awards

   6.8.    Records of persons affected by awards
   6.9.    Party cards

           Division 4 - Consent awards

   6.10.   Applications for consent awards

   PART 7 - ENTERPRISE AGREEMENTS

   7.1.    Comparison and compliance statement

   PART 8 - APPEALS

   8.1.    Notice to Appeal
   8.2.    Time to appeal
   8.3.    Application for stay of proceedings
   8.4.    Leave to introduce fresh evidence
   8.5.    Notice of contention
   8.6.    Respondents
   8.7.    Interlocutory decisions
   8.8.    Appeal book
   8.9.    Issue of summons in appeal proceedings
   8.10.   Stated case
   8.11.   Security for costs

   PART 9 - INDUSTRIAL COMMITTEES

   9.1.    Dissolution or extension of term of an Industrial Committee
   9.2.    Notice of sitting of an Industrial Committee
   9.3.    Records relating to Industrial Committees

   PART 10 - APPEARANCE

   10.1.   No step without appearance
   10.2.   How appearance entered
   10.3.   Notice of appearance
   10.4.   Respondent submitting to judgment
   10.5.   Time for appearance
   10.6.   Late appearance
   10.7.   Service
   10.8.   Setting aside originating process

   PART 11 - SUMMONSES

   11.1.   Summons to confer
   11.2.   Summons in proceedings under section 164

   PART 12 - COSTS

   12.1.   Application
   12.2.   Time for dealing with costs
   12.3.   Assessed costs and other provisions
   12.4.   Unnecessary appearance
   12.5.   Costs reserved

   PART 13 - UNFAIR CONTRACTS

   13.1.   Application
   13.2.   Commencement of proceedings
   13.3.   Allocation generally
   13.4.   Conduct of conciliation conferences
   13.5.   Certificate of result of conciliation
   13.6.   Allocation of matter after certificate issued
   13.7.   Conduct of post-conciliation proceedings

   PART 14 - CONTRACT OF CARRIAGE TRIBUNAL

   14.1.   Application of Part
   14.2.   Filing of documents
   14.3.   Case number or other unique identifier to be assigned to originating process

   PART 15 - SMALL CLAIMS APPLICATIONS

   15.1.   Application of Part
   15.2.   Reallocation of proceedings: complexity, difficulty or importance of matters in dispute
   15.3.   Conduct of conciliation
   15.4.   Procedure generally
   15.5.   Applications subsequent to filing
   15.6.   Use of telephones etc
   15.7.   Costs

   PART 16 - PROCEEDINGS FOR OFFENCES

   16.1.   Form of application for order for defendant's appearance
   16.2.   Service of order

   PART 17 - PROCEEDINGS UNDER SECTION 357 OF THE ACT

   17.1.   Proceedings to recover a civil penalty
   17.2.   Issue of summons
   17.3.   Service of summons and affidavit verifying
   17.4.   Dismissal for want of prosecution
   17.5.   Amendment of process
   17.6.   Motion for injunction

   PART 18 - CONTEMPT

           Division 1 - Contempt in the face or hearing of the Industrial Court

   18.1.   Application of Division
   18.2.   Arrest
   18.3.   Charge defence and determination
   18.4.   Interim custody

           Division 2 - Motion or proceedings for punishment

   18.5.   Application
   18.6.   Procedure generally
   18.7.   Statement of charge
   18.8.   Evidence
   18.9.   Service
   18.10.  Arrest

           Division 3 - Contempt of the Commission when constituted otherwise than as the Industrial Court

   18.11.  Contempt of the Commission when constituted otherwise than as the Industrial Court