Queensland Consolidated Regulations

INDUSTRIAL RELATIONS (TRIBUNALS) RULES 2000

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Definitions
   3A.     What a reference to application or applicant includes
   4.      Proceedings to which rules apply
   5.      Purpose of rules

           Part 2--Industrial tribunals and registry

           Division 1--Application of part

   6.      Application of part 2

           Division 2--Procedures of industrial tribunals
           Subdivision 1--Starting proceedings

   7.      Starting proceedings
   8.      Who has carriage of proceeding
   9.      Form of applications
   10.     Form of affidavit for rule 9(2)
   11.     Document starting proceeding, or application in existing proceeding, to state address and phone and fax number
   12.     General requirements for documents for filing
   13.     Filing of documents
   14.     Ways of filing
   15.     Document becomes a record on filing
   16.     Change of address for service
           Subdivision 2--Amendments
   17.     Amending an application before hearing
   18.     Form of amendments
   19.     Amending an application during hearing
   20.     Serving amended application
   21.     Objecting to amended application
   22.     Determination of amended application
           Subdivision 3--Service
   23.     Who is to be served
   24.     Time for service
   25.     Service not allowed on certain days
   26.     How personal service is performed
   27.     Service of documents
   28.     Service of directions order on applicant
   29.     Service by an officer of the court
   30.     Substituted service
   31.     Informal service
   32.     Service on agent
   33.     Service by agreement
   34.     When affidavit of service is required
   35.     Form of affidavit of service
   36.     Identity of person served
   37.     Special requirements for service by fax
           Subdivision 4--Directions orders
   38.     Directions orders
   39.     Hearing of parties
   40.     Further directions
   41.     Hearing and decision for proceeding on application for directions
   42.     Failure to attend or to comply with directions order
           Subdivision 5--Response
   43.     Response to application
           Subdivision 6--Evidence and affidavits
   44.     Powers for evidence
   45.     Notice to admit fact or document
   46.     Evidence on affidavit
   47.     Limitation of affidavit
   48.     Form of affidavit
   49.     Exhibits
   50.     Alterations
   51.     Certificate of reading or signature for person making affidavit
   52.     Specified time for filing affidavits
   53.     Scandalous or oppressive matter
           Subdivision 7--Attendance notice
   54.     Attendance notices
   55.     Attendance notice to produce
   56.     Inspection of material
   57.     Setting aside attendance notice
   58.     Allowance for attendance and expenses

           59. Production by non-party

   60.     Serving attendance notice
           Subdivision 8--Hearing
   61.     Request for notice of hearing
   62.     Hearing in respondent's absence
   63.     Rehearing of proceeding heard in respondent's absence
           Subdivision 9--Discontinuing proceeding
   64.     Discontinuance of applications other than under Act, s 74
   65.     Other discontinuance
           Subdivision 10--Costs
   66.     Costs
           Subdivision 11--Recovery of amounts under orders
   67.     Certificate under Act, s 336

           Division 3--Commission's functions and powers

   68.     Application for secret ballot
   69.     Conducting secret ballot
   70.     Application to declare persons to be employees
   71.     Application to amend or void contract
   72.     Application for injunction under Act, s 277 or Whistleblowers Protection Act 1994, s 47
   73.     Application to recover unpaid wages and superannuation contribution etc.
   74.     Orders about representation rights of employee organisations
   75.     Application to reopen
   76.     Application to refer matter to full bench
   77.     Application for interpretation of industrial instrument
   78.     Application for reinstatement of training contract cancelled by coercion

           Division 4--Practice
           Subdivision 1--Court and commission

   79.     Using recording devices
   80.     Practice notes
   81.     Joining matters
   82.     Commission acting on own initiative
   83.     Extension or shortening of time
   84.     Exhibits not to be taken out
   85.     Correcting errors
   86.     Continuance of proceedings—death of party
   87.     Publishing decisions etc.
           Subdivision 2--Registry
   88.     Registrar may refer certain documents to court or commission
   89.     Powers

           Part 3--Proceedings before industrial magistrates

           Division 1--Proceedings for claims

   90.     Application of div 1
   91.     Starting a claim
   92.     Procedure for claims before industrial magistrate
   93.     Substituted service
   94.     Summons
   95.     Alternative dispute resolution process applies
   96.     Directions orders
   96A.    Failure to attend or to comply with directions order
   97.     Onus of proof
   98.     Adjournment
   99.     Enforcement of order

           Division 2--Costs and expenses

   100.    Costs and expenses

           Part 4--Lawyers, agents and other representatives

   101.    Representation in proceedings
   102.    Notice of appointment of agent
   103.    Withdrawal of appointment as lawyer or agent
   104.    Lawyer's notice of address for service
   105.    Change of lawyer or agent
   106.    Making or signing documents for organisation or association
   107.    No representation by struck off or suspended lawyers

           Part 5--Appeals

           Division 1--General

   108.    Application of pt 5
   109.    Record for particular appeals
   110.    Application for stay of decision under appeal
   111.    Service of application
   112.    Service of application if respondent is the council
   113.    Failure to prosecute appeal

           Division 2--Appeal to court, full bench or commission

   114.    Application to appeal other than from industrial magistrate
   115.    Application for leave to appeal to full bench
   116.    Application refused
   117.    Response
   118.    Application to appeal to full bench from registrar
   119.    Application to appeal from industrial magistrate
   120.    Industrial magistrate may order appellant's release from custody
   120A.   Form of arrest warrant
   120B.   Striking out application to appeal by released appellant after at least 2 months delay
   121.    Clerk of court to send documents to registrar

           Part 6--General conditions of employment

   121A.   Application for order for payment instead of long service leave
   121B.   Application for order for payment of proportionate payment for long service leave
   122.    Application for order ensuring equal remuneration for work of equal or comparable value

           Part 7--Dismissals

   123.    Application for reinstatement
   124.    Application for compensation order
   125.    Application for order about severance and other separation benefits
   126.    Application for order for contravention of Act, s 90
   127.    Application for order for contravention of Act, s 90A
   128.    Application for reinstatement order for injured employee
   129.    Discontinuing application under Act, s 74

           Part 8--Freedom of association

   130.    Application for exemption from membership
   131.    Application for order about prohibited conduct

           Part 9--Awards

   131A.   Approved forms for applications—Act, s 125
   131B.   Making or amending awards that relate to remuneration of employees
   132.    Exemptions

           Part 10--Certified agreements

   133.    Advice of intention to begin negotiations for a project agreement
   134.    Application for certificate as to requested representation
   135.    Notice of giving of authorisation of industrial action
   136.    Request for help to make certified agreement
   137.    Request for arbitration
   138.    Application for decision about designated award
   139.    Application for certification
   140.    Form of agreement for certification
   141.    Application to extend certified agreement
   142.    Application to amend certified agreement
   143.    Determination made under Act, s 149
   144.    Notice terminating certified agreement on or before its nominal expiry date and application for approval of termination
   144A.   Notice of intention to terminate certified agreement after its nominal expiry date and application to terminate

           Part 11--Queensland workplace agreements

   145.    Application for decision about designated award
   146.    Requirements for QWA and ancillary documents
   147.    Filing QWA or ancillary document by fax
   148.    Application for injunction

           Part 12--Industrial disputes

   149.    Notice of industrial dispute
   150.    Applications for order for contravention of Act, s 238
   151.    Mediation by commission
   152.    Notice to show cause

           Part 13--Records and wages

   153.    Application for issue of an authority

           Part 13A--Application for order for repayment of fee received by private employment agent

   153A.   Application for order for repayment of fee

           Part 13B--Application for order on contravention of electrical safety undertaking

   153B.   Application for order under Electrical Safety Act 2002, s 54

           Part 13C--Application for order on contravention of workplace health and safety undertaking

   153C.   Application for order under Workplace Health and Safety Act 1995, s 42I

           Part 14--Industrial organisations

           Division 1--Registration

   154.    Applications for registration
   155.    Notice of objection to registration application
   156.    Answering objections

           Division 2--Change of callings

   157.    Application to change callings

           Division 3--Election rules
           Subdivision 1--Ballot not to be postal ballot

   158.    Application for approval for a ballot not to be a postal ballot
   159.    Application for cancellation of approval
           Subdivision 2--Validity of, or compliance with, rules
   160.    Application about validity of, or compliance with, rules
           Subdivision 3--Changing names and other amendments
   161.    Application for approval to amend name under Act, s 472
   162.    Application for approval to amend name under Act, s 473
   163.    Application to approve eligibility rule amendment
   164.    Application for approval of other amendment to rules
   165.    Notice of objection to particular decisions and response to objection
           Subdivision 4--Election inquiry
   166.    Application for election inquiry
           Subdivision 5--Officers register
   167.    Officers register

           Division 4--Exemptions

   168.    Application for exemption if federal ballot held
   169.    Application for exemption from keeping members or officers register
   170.    Application for exemption from accounting or audit provisions
   171.    Application for exemption from accounting or audit obligations for an employer organisation that is a corporation
   172.    Application for exemption from requirement that electoral commission conduct election

           Division 5--Amalgamations
           Subdivision 1--Procedures for amalgamation

   173.    Application to submit proposed amalgamation to a ballot
   174.    Notice of objection about amalgamations involving extending eligibility rules
   175.    Application to submit proposed withdrawal to a ballot
   176.    Application for exemption—number of members
   177.    Application for amalgamation ballot exemption—recognising federal ballot
   178.    Notice of objection to amalgamation ballot exemption—recognising federal ballot
   179.    Application for an exemption from holding a withdrawal ballot—recognising federal ballot
   180.    Notice of objection to withdrawal ballot exemption—recognising federal ballot
   181.    Answering objections
   182.    Application for approval for amalgamation ballot that is not a postal ballot
   183.    Application for approval for withdrawal from amalgamation ballot that is not a postal ballot
   184.    Notice of withdrawal
           Subdivision 2--Form of ballot papers
   185.    Form of ballot paper for amalgamation if alternative scheme
   186.    Form of ballot paper for amalgamation if no alternative scheme
   187.    Form of ballot paper for withdrawal from amalgamation
           Subdivision 3--Amalgamation or withdrawal ballot irregularities
   188.    Application for a ballot inquiry

           Division 6--Deregistration

   189.    Application for deregistration

           Division 7--Statistical information

   190.    Statistical information

           Part 15--Industrial agreements

   191.    Notice of intention to retire from agreement

           Part 16--Fees

   192.    Fees in the court, commission or registry
   193.    Fees in Industrial Magistrates Court

           Part 17--Miscellaneous

   194.    Effect of failure to comply with rules
   195.    Form of notices
   197.    Searching and copying documents
   198.    Student's work permit
   199.    Aged or infirm person's permit
   200.    Continuation of proceeding after 6 months delay
   200A.   Lapse of proceeding after at least 1 year's delay
   201.    Striking out proceeding after at least 1 year's delay
   201A.   Vacations and holidays

           Part 18--Transitional

   202.    Continuance of proceedings and appointments
   203.    Transitional provision for Industrial Relations (Tribunals) Amendment Rule (No. 2) 2003
           SCHEDULE 1 -- FEES IN THE COURT, COMMISSION OR REGISTRY
           SCHEDULE 2 -- DICTIONARY
           Endnotes