INDUSTRIAL RELATIONS COMMISSION REGULATIONS 2005
INDUSTRIAL RELATIONS COMMISSION REGULATIONS 2005
TABLE OF PROVISIONS PART 1 -- Preliminary 1. Citation 2. Commencement 3. Terms used PART 2 -- The office of the Registrar 4. Lodging documents 5. Lodging and filing documents electronically 6. Office of Registrar opening hours 7. Procedure by Registrar 8. Duties of Registrar in respect of applications 9. Direction to Registrar to investigate and report 10. Stamp of Commission 11. Seal of Commission 12. Publication of information and notices PART 3 -- Conduct of proceedings Division 1 -- Notice of application, response and parties 13. Applications to Commission 14. Response 15. General form of objection 16. Withdrawal or discontinuance of application 17. Application to amend 18. Joinder of parties 19. Intervention Division 2 -- Interlocutory proceedings 20. Discovery, production and inspection of documents 21. Order for production to Commission 22. Further particulars 23. Notice to admit Division 3 -- Service 24. Service 25. Electronic address for service 26. Service electronically 27. Substituted service Division 4 -- Conferences 29. Orders under sections 32 and 30. Compulsory conference 31. Memorandum following compulsory conference Division 5 -- Conduct of hearings 32. Application for and notice of hearing 32A. Proceedings may be determined on the papers 33. Procedure before Commission Division 6 -- General 34. Elimination of delays 35. Electronic documents and communications 36. Extension or abridgment of time 37. Waiver of procedural regulations 38. Non‑compliance with regulations 39. Practice PART 4 -- Witnesses and evidence 40. Application for examination of witness 41. Summons to witness 42. Application to set aside witness summons 43. Witness statements and outlines of evidence 44. Evidence or submissions by video‑link or telephone 45. Disclosure of expert’s report 46. Exhibits 47. Declarations and affidavits PART 5 -- Various applications under Act 48. Application for award 49. Application to vary area of operation of award 50. Application to vary award 51. Application for joinder of party to award 52. Application for interpretation of award or industrial agreement 53. Bargaining for industrial agreement 54A. Orders as to specified matters on which agreement has not been reached 54. Enterprise order 55. Application for industrial agreement 56. Retirement from industrial agreement 57. Variation of industrial agreement by subsequent agreement 58. Application to waive notice required for production of records 59. Section 66 applications and directions 60. Proceedings before Full Bench for enforcement of Act 60A. Applications for equal remuneration orders 61. Unfair dismissal and contractual benefit claims by employees 62. Stop bullying or sexual harassment applications by workers 63A. Application by employee or former employee under Public Sector Management Act 1994 PART 6 -- Agents 63. Appointment of agent PART 6A -- Delegation to Registrars 64. Delegation to Registrars 65. Time limits for review of decisions of Registrars PART 7 -- Organisations and industrial associations 66. Registration of organisation 67. Registration of industrial association 68. Amalgamation of organisations 69. Alteration of rules 70. Substitution of new set of rules 71. Change of name 72. Counterpart certificates 73. Order as to whom employee organisation represents 74. Summons for cancellation or suspension of registration of organisation or association 75. Request by organisation or association for cancellation of registration 76. Application by Registrar for cancellation of registration 77. Certificates of registration 78. Filing of records of organisation or industrial association 79. Balance sheet etc. of organisation 80. Inspection of documents 81. Notification of change of address 82. Right of entry -- authority for representatives PART 8 -- Applications and appeals under PART VID Division 9 of the Act Division 1 -- Applications 83. Establishing that proposed representative is qualified and consents to application under section 97WV or 97XM 84. Notice of application for approval to be given to employer Division 2 -- Appeals under section 97XB or 97XQ of the Act 85. Appeal against refusal to give approval 86. Service of appeal notice 87. Person served entitled but not required to be heard 88. Registrar to provide records to Commissioner PART 9A -- Appeals under Prisons Act 1981 section 106 89A. Terms used 89B. Notice of appeal against removal action 89C. Service of notice of appeal against removal action 89D. Response by chief executive officer 89E. Documents relied on to be filed and served 89F. Notice of reformulated reasons under Prisons Act 1981 s. 110A(4) 89G. Withdrawal or discontinuance of appeal against removal PART 9B -- Appeals under Young Offenders Act 1994 section 11CH 89H. Terms used 89I. Notice of appeal against removal action 89J. Service of notice of appeal against removal action 89K. Response by chief executive officer 89L. Documents relied on to be filed and served 89M. Notice of reformulated reasons under Young Offenders Act 1994 s. 11CL(4) 89N. Withdrawal or discontinuance of appeal against removal PART 9 -- Appeals under the Police Act 1892 section 33P 89. Terms used 90. Notice of appeal against removal action 91A. Service of notice of appeal against removal action 91. Response by Commissioner of Police 92. Documents relied on to be filed and served 93. Notice of reformulated reasons under Police Act 1892 s. 33R(10) 94. Withdrawal or discontinuance of appeal against removal PART 9C -- Appeals under the Police Act 1892 section 33ZI 94A. Terms used 94B. Notice of appeal against retirement on medical grounds 94C. Service of notice of appeal against retirement on medical grounds 94D. Response by Commissioner of Police 94E. Documents relied on to be filed and served 94F. Notice of reformulated reasons under Police Act 1892 s. 33ZK(11) 94G. Withdrawal or discontinuance of appeal against retirement on medical grounds PART 9D -- Disputes under the Police Act 1892 Part 2D Division 3 94H. Term used: Tribunal 94I. Application of Part 94J. Lodgment of dispute by medically retired member 94K. Lodgment of dispute on behalf of medically retired member 94L. Application of certain regulations 94M. Procedures specific to Tribunal proceedings PART 10 -- Work Health and Safety Tribunal 95. Term used: Tribunal 95A. Application of Part 96. Applications to Tribunal 97. Application of certain regulations 98. Procedures specific to Tribunal proceedings PART 10A -- Road Freight Transport Industry Tribunal 99A. Terms used 99B. Referrals to Tribunal 99C. Application of certain regulations 99D. Procedures specific to Tribunal proceedings PART 11 -- Appeals generally Division 1 -- Appeals to Commission 100. Appeals under section 97VM 101. Appeal under Vocational Education and Training Act 1996 102A. Review of decisions of Construction Industry Long Service Leave Payments Board Division 2 -- Appeals to Full Bench 102. Appeals to Full Bench 103. Procedure for listing matters before Full Bench 103A. Discontinuance of appeal to Full Bench PART 12 -- Public service arbitration 105. Terms used 106. Reclassification applications 107. Public Service Appeal Board 108. Nomination of agent for claim under s. 80E(2) PART 13 -- Railways Classification Board 109. Terms used 110. Number of copies of documents for Board 111. Classification appeals 112. Nomination of agent for appeal of claim under section 80R(2) 113. Conferences 114. Chambers 115. Service on Public Transport Authority 116. Directions PART 14 -- Miscellaneous 117. Nomination of employees’ representative 118. Appeals from Boards of Reference 119. Notice of certain orders 120. Remuneration and reimbursement of expenses for members of constituent authorities Defined terms Industrial Relations Act 1979 Industrial Relations Commission Regulations 2005 PART 1 -- Preliminary