Queensland Consolidated Regulations

INDUSTRIAL COURT RULES 1997

TABLE OF PROVISIONS

           Rule Page

   PART 1--PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Proceedings to which rules apply
   4.      Purpose of rules
   5.      If manner or form not prescribed
   6.      Definitions

   PART 2--REPRESENTATION

   7.      Appointing an agent
   8.      Representation by agent generally and in proceedings
   9.      Signing documents for organisations or associations
   10.     No representation by struck off lawyers

   PART 3--FILING

   11.     Filing documents
   12.     Ways of filing
   13.     Registrars functions on filing
   14.     Document becomes a record on filing
   15.     Address for service

   PART 4--FEES

   16.     Fees in the court, commission or registrar's office
   17.     Fees in Industrial Magistrates Court

   PART 5--APPLICATIONS

           Division 1--General requirements

   18.     Proceedings commenced by application
   19.     Form of applications
   20.     Affidavits

           Division 2--Specific requirements

   21.     Applications for certificate as to requested representation
   22.     Applications to enterprise commissioner for injunction
   23.     Application for determination of designated award
   24.     Applications to give effect to enterprise flexibility provision
   25.     Applications for order setting minimum wage
   26.     Applications for order ensuring equal remuneration
   27.     Applications for order giving effect to articles 12 and 13 of Convention
   28.     Applications for order for contravention of s 228 of the Act
   29.     Applications for order for contravention of s 248 of the Act
   30.     Applications to amend or void contracts
   31.     Applications to compel compliance or restrain breaches
   32.     Applications for reopenings
   33.     Applications for interpretation
   34.     Applications for stay of decision pending appeal
   35.     Applications to waive notice of intention to enter workplace
   36.     Applications for relevant workplace certificate
   37.     Request to refer matter to full bench

   PART 6--CARRIAGE OF PROCEEDINGS

   38.     Who has carriage of proceedings

   PART 7--DIRECTIONS ORDERS

   39.     Directions orders
   40.     Hearing of parties
   41.     Further directions
   42.     Non-compliance with directions order

   PART 8--SERVICE

   43.     Who is to serve
   44.     Service of directions orders on applicant
   45.     Service of process
   46.     Service by an officer of the court
   47.     Substituted service
   48.     Time for service
   49.     Proof of service

   PART 9--APPLICATION FOR NOTICE OF HEARING

   50.     Application for notice of hearing

   PART 10--RESPONSE

   51.     Response

   PART 11--AMENDMENTS

   52.     Amending application before hearing
   53.     Amending application during hearing
   54.     Form of amendments
   55.     Serving amended application
   56.     Objecting to amended application
   57.     Determination of amended application

   PART 12--PRACTICES OF THE COURT, COMMISSION AND REGISTRY

   58.     Sittings
   59.     Chambers
   60.     Using recording devices
   61.     Vacations and holidays
   62.     Practice notes
   63.     Assignment of court and commission matters
   64.     Joining matters
   65.     Commission acting on own initiative
   66.     Extension or abridgment of time
   67.     Seals
   68.     Exhibits
   69.     Correcting errors
   70.     Continuance of proceedings
   71.     Reserved decision
   72.     Publishing decisions etc.
   73.     Powers and duties of officers of the court and commission

   PART 13--INDUSTRIAL AGREEMENTS

   74.     Application for amendment
   75.     Termination agreement

   PART 14--CERTIFIED AGREEMENTS

   76.     Application for certification
   77.     Application for approval of amendment
   78.     Application for extension of nominal expiry date
   79.     Notice of hearing
   80.     Sealing of agreements
   81.     Registrar's records
   82.     Notice or application for termination of agreement
   83.     Notice of intention to initiate bargaining period
   84.     Notice of authorisation to engage in industrial action
   85.     Application to suspend or terminate bargaining period

   PART 15--QUEENSLAND WORKPLACE AGREEMENTS

   86.     Application
   87.     Filing by fax

   PART 16--INDUSTRIAL DISPUTES

           Division 1--Notice of industrial dispute

   88.     Notice of industrial dispute
   89.     Conciliation conferences

           Division 2--Action for settling industrial disputes

   90.     Mediation conference

   PART 17--COMPULSORY CONFERENCES

   91.     Summons for compulsory conferences
   92.     Discontinuance if applicant fails to attend compulsory conference

   PART 18--CLAIMS FOR RECOVERY OF MONEY BEFORE MAGISTRATES

   93.     Proceedings for offences
   94.     Claims
   95.     Summons
   96.     Substituted service
   97.     Hearing and decision
   98.     Application of Justices Act
   99.     WorkCover Queensland
   100.    Adjournment
   101.    Enforcement of order on claim for damages

   PART 19--PERMITS

   102.    Student's work permit
   103.    Aged or infirmed person's permit

   PART 20--REGISTRAR

   104.    Office
   105.    Stamp
   106.    Functions
   107.    Powers

   PART 21--APPEALS GENERALLY

   108.    Form of appeal
   109.    Commencing appeal

   PART 22--PRESIDENT'S LEAVE TO APPEAL

   110.    Application for leave to appeal
   111.    Notice of opposition
   112.    Application refused

   PART 23--APPEALS FROM COMMISSION, COMMISSIONER OR REGISTRAR

   113.    Filing
   114.    Record for purposes of appeal

   PART 24--APPEALS FROM MAGISTRATE

   115.    Filing
   116.    Undertaking
   117.    Documents

   PART 25--EVIDENCE AND AFFIDAVITS

   118.    Evidence on affidavit
   119.    Limitation of affidavit
   120.    Form of affidavit
   121.    Annexures
   122.    Alterations and erasures
   123.    Affidavits by illiterate or blind persons
   124.    Affidavits by non-English speaking persons
   125.    Dates and amounts in affidavits
   126.    Specified time for filing affidavits
   127.    Summons to witnesses
   128.    Inspection of material
   129.    Allowance for attendance and expenses
   130.    Powers for evidence

   PART 26--COSTS AND EXPENSES

   131.    Costs and expenses

   PART 27--DISCONTINUING APPLICATIONS

   132.    Discontinuance--unheard unlawful dismissal applications
   133.    Discontinuance otherwise
   134.    Other cases of discontinuance

   PART 28--LAPSE OF APPLICATION

   135.    Lapse after 6 months delay
   136.    Lapse after 1 year delay

   PART 29--PUBLICATION AND INSPECTION OF DOCUMENTS

   137.    Prohibiting publication or search--Act, s 456
   138.    Searching and copying records

   PART 30--REGISTER OF ORDERS RELATING TO DISMISSALS

   139.    Register

   PART 31--AUTHORISATION OF INDUSTRIAL OFFICERS

   140.    Application for an authorisation

   PART 32--SECRET BALLOTS ON STRIKE ACTION

   141.    Application
   142.    Conducting secret ballot

   PART 33--TRANSITIONAL

   143.    Continuance of proceedings and appointments
           SCHEDULE 1 69
           FEES IN THE COURT, COMMISSION OR REGISTRAR'S OFFICE
           SCHEDULE 2 71
           FORMS
           ENDNOTES
           1. Index to endnotes
           2. Date to which amendments incorporated
           3. Key
           4. Table of earlier reprints
           5. List of legislation
           6. List of annotations