QueenslandIndustrialRelationsAct1999IndustrialRelations(Tribunals)Rules2000Reprinted as in force on 1 July
2011Reprint No. 4AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOTE—This is the last reprint before
repealRepealed by 2011 SL No. 237 s
233
Information about this reprintThese
rules are reprinted as at 1 July 2011. The reprint shows the law as
amended by allamendments that commenced on or before that
day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes. Also see list of legislation for anyuncommenced
amendments.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of reprints is included in the
endnotes.Also see endnotes for information
about—•when provisions commenced•editorial changes made in earlier
reprints.SpellingThe spelling of
certain words or phrases may be inconsistent in this reprint or
with otherreprints because of changes made in various
editions of the Macquarie Dictionary (forexample, in the
dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of
spellingwill be updated in the next authorised
reprint.Dates shown on reprintsReprints dated at
last amendmentAllreprintsproducedonorafter1July2002,authorised (that is, hard copy) and
unauthorised (that is, electronic), are dated as at the lastdate
of amendment. Previously reprints were dated as at the date of
publication. If anauthorised reprint is dated earlier than an
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Industrial Relations (Tribunals) Rules
2000Part 1 Preliminary[r 1]Industrial Relations (Tribunals) Rules
2000[as amended by all amendments that commenced
on or before 1 July 2011]Part 1Preliminary1Short
titleTheserulesmaybecitedastheIndustrialRelations(Tribunals) Rules 2000.2CommencementThese rules
commence on 1 January 2001.3DefinitionsThe dictionary
in schedule 2 defines particular words used inthese
rules.3AWhat a reference to application or
applicant includes(1)A reference in these rules, other than
in rule 7(1) or 114, to anapplication includes a reference to a
notice of appeal under asafety Act provision.(2)A reference in these rules to an
applicant includes a referenceto an appellant
to an appeal under a safety Act provision.4Proceedings to which rules applyTheserulesapplytoaproceedingbeforethecourt,commission or
registrar or an industrial magistrate.Reprint 4A
effective 1 July 2011Page 11
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 5]5Purpose of
rulesThepurposeoftheserulesistoprovideforthejustandexpeditiousdispositionofthebusinessofthecourt,commission,
registrar and industrial magistrate at a minimumof
expense.Part 2Industrial
tribunals and registryDivision 1Application of
part6Application of part 2This
part applies to a proceeding before the court, commissionor
registrar.Division 2Procedures of
industrial tribunalsSubdivision 1Starting
proceedings7Starting proceedings(1)A proceeding before the court,
commission or registrar, otherthan an appeal
under a safety Act provision, must be startedby an
application in the approved form.Editor’s
note—See rule 3A (What a reference to
application or applicant includes).Safety Act
provisionis defined in schedule 2
(Dictionary).(2)However, subrule (1) does not
apply—(a)ifthecourt,commissionorregistrarortheserulesrequires otherwise; orPage 12Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 8](b)toaproceedingstartedontheinitiativeofthecommission or registrar; orEditor’s note—For
proceedings started on the initiative of the commission seerule
82.(c)to a proceeding started as directed by
the Minister underthe Act; or(d)to a
proceeding arising out of the giving of a notice ofindustrial dispute under section 229 of the
Act.(3)An application to appeal, or notice of
appeal under a safetyAct provision, is a document starting
a proceeding.(4)A notice of appeal under a safety Act
provision must be in theapproved form.(5)Aproceeding,otherthananappealunderasafetyActprovision, starts when the document starting
the proceeding—(a)isfiledorotherwisereceivedundertheActortheserules; or(b)foradocumentissuedbythecourt,commissionorregistrar—is issued.8Who
has carriage of proceeding(1)An applicant has
carriage of a proceeding unless—(a)the
court, commission or registrar orders another personto
have the carriage; or(b)the court or
commission orders the registrar to have thecarriage.(2)Thepersonwhohascarriageofaproceedingmusttakeallnecessary steps in the proceeding
until—(a)their discontinuance by leave of the
court, commissionor registrar; or(b)the
final determination of the proceeding by the court,commission or registrar.Reprint 4A
effective 1 July 2011Page 13
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 9]9Form of
applications(1)An application must—(a)bedividedintoconsecutivelynumberedparagraphs,each detailing,
as far as is convenient, a separate matter;and(b)nametherelevantprovisionsofanylegislationorindustrial instrument that relates to the
application; and(c)state the relief or orders sought;
and(d)stateanydirectionsrequiredtoexpeditetheproceedings.(2)An
application, other than an excluded application, must besupported by an affidavit—(a)contained in the application;
or(b)if it is not practicable for the
application to contain theaffidavit—accompanying the
application.(3)In this rule—excluded
applicationmeans any of the following—(a)an application to appeal;Editor’s note—See
rules 114 (Application to appeal other than from industrialmagistrate)and119(Applicationtoappealfromindustrialmagistrate).(b)an
application for leave to appeal;Editor’s
note—Leave to appealis defined in
schedule 2 (Dictionary).(c)an application
for a stay of a decision under appeal;Editor’s
note—Stayofadecisionunderappealisdefinedinschedule2(Dictionary).(d)an
application under section 163 or 696 of the Act;(e)a notice of appeal under a safety Act
provision.Page 14Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 10]10Form
of affidavit for rule 9(2)For rule 9(2), an affidavit supporting
an application must—(a)identify the
applicant; and(b)if not made by a party in person—state
the capacity andauthority under which the person is making
the affidavit;and(c)state concisely
the material facts relied on to support theapplication;
and(d)state any other matters required under
these rules; and(e)comply with subdivision 6.11Document starting proceeding, or
application in existingproceeding, to state address and phone
and fax number(1)Unless otherwise provided by these
rules, a document startingaproceeding,oranapplicationinanexistingproceeding,must not be
filed unless it states—(a)the applicant’s
residential or business address; and(b)the
applicant’s phone number (if any); and(c)iftheapplicanthasnophonenumber—awayofcontacting the applicant by phone;
and(d)the applicant’s fax number (if
any).(2)If a lawyer or agent acts for the
applicant, a document startingaproceeding,oranapplicationinanexistingproceeding,must not be
filed unless it states—(a)the name
of—(i)the lawyer, and if the lawyer
practises in a firm oflawyers, the name of the firm;
or(ii)theagent,andiftheagentisemployedbyabusinessorcorporationoroperatesunderabusinessname,thenameofthebusinessorcorporation or the business name; andReprint 4A effective 1 July 2011Page
15
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 12](b)the
address of the lawyer’s or agent’s place of business;and(c)if the address
under paragraph (b) is not the applicant’saddress for
service or is not a Queensland address—anaddress for
service in Queensland; and(d)the lawyer’s or
agent’s phone number and fax number.(3)An
applicant or an applicant’s lawyer or agent may includetheapplicant’s,lawyer’soragent’semailaddressinadocumentstartingaproceeding,oranapplicationinanexisting proceeding, where documents
in the proceeding maybe served on the applicant.12General requirements for documents for
filing(1)Unlesstheserulesprovideotherwise,adocumentforfilingmust—(a)be on A4 (210mm x 297mm) paper;
and(b)be on 1 side of the page only;
and(c)if typewritten—(i)be
in Times New Roman font; and(ii)be
in 12 point font size; and(iii)have only fully
justified text; and(d)if not typewritten—be printed in upper
case letters; and(e)be clearly legible; and(f)be well spaced and divided into
convenient paragraphs;and(g)haveparagraphsnumberedontheinneredgeofthemargin for each new topic; and(h)have a 2cm margin on each side;
and(i)be numbered consecutively on each
page; and(j)not contain a logo or other
embellishment; andPage 16Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 13](k)state a short description of the nature of
the document;and(l)if the party or
person ordered or permitted to appear orto be
represented in the proceeding is represented by anagent,beaccompaniedbyanoticeofappointmentofagent under rule 102; and(m)containtheinformation,includingtheapplicant’saddress for
service, required under rule 11.(2)However,iftheaddressforserviceischangedundertheserules, a
document filed after the change must state the newaddress for service instead of the original
address.(3)Subrule(1)(l)appliesonlyifthepartyorpersonhasnotpreviouslyfiledanoticeofappointmentofagentintheproceeding.13Filing of documents(1)Unless these rules or a direction of the
court, commission orregistrar otherwise requires, a party
seeking to file a documentmustgivetheregistrartheoriginaland3copiesofthedocument.(2)The
registrar may refuse to accept a document for filing oranother document if it does not comply
with—(a)the Act; or(b)anotherActthatallowsaccesstothecommissionorcourt; or(c)these rules.(3)A
document is filed when the appropriate fee (if any) is paidand
the document is stamped in the registry.14Ways
of filingA document may be filed—(a)by
delivering it to the registry; orReprint 4A
effective 1 July 2011Page 17
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 15](b)by
posting it to the registry with a written request thatthe
document be filed; or(c)ifexpresslyallowedbythecourt,commissionorregistrar—by transmitting it to the registry
by fax, emailoranothermethod,subjecttotheoriginaldocumentbeing tendered and the fee, if any, being
paid; or(d)for rule 129(3), by fax; or(e)for an appeal from an industrial
magistrate—under rule119.15Document becomes a record on filing(1)A document becomes a record of the
court or commission andmay be used before the court,
commission or registrar only ifit has been
filed.(2)Subrule (1) applies unless the court,
commission or registrarotherwise allows.16Change of address for serviceNotice of any change in a party’s address
for service must befiledandservedonallotherpartiestotheproceedingimmediately
after the change.Subdivision 2Amendments17Amending an application before
hearing(1)Anapplicationmaybeamended,beforeahearing,bytheapplicant filing an amended
application that incorporates theamendments.(2)Theamendedapplicationmustreplacethewholeoftheapplication.(3)Theregistrarmaymakeadirectionsorderiftheregistrarconsiders it necessary because of the
amended application.Page 18Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 18]18Form
of amendments(1)An amendment must be distinguished
from the original textby—(a)if
text is being added—underlining or shading the addedtext; or(b)if
text is being deleted—crossing out the deleted text.(2)An amended application must be in the
approved form.19Amending an application during
hearing(1)After the hearing of an application
has started, an applicantmay apply to the court, commission or
registrar hearing theapplication for leave to amend the
application.(2)If the proposed amendments
substantially alter the scope andnatureoftheclaim,theapplicantmustfileanamendedapplication that
incorporates the proposed amendments.(3)An
amendment may be allowed or disallowed on the terms thecourt, commission or registrar considers
appropriate.20Serving amended application(1)An amended application must be served
by the applicant oneach other party to the proceedings as soon
as practicable aftertheamendedapplicationisfiled,butatleast7cleardaysbefore the hearing.(2)If,whentheamendedapplicationisfiled,theoriginalapplication has
not been served on a party to the proceedingsor a party named
in a directions order, the party must also beserved with the
original application.(3)The court,
commission or registrar may dispense with serviceof
an amended application or give directions about service.21Objecting to amended
application(1)A party served with an amended
application may object to theamendment—Reprint 4A
effective 1 July 2011Page 19
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 22](a)by
filing a response in the approved form within 7 cleardays
after being served; or(b)if the
application is scheduled for hearing within the 7days—at the hearing.(2)The
response must state—(a)whether the
objection is to all or part of the proposedamended
application; and(b)iftheobjectionistopartoftheproposedamendedapplication—which part; and(c)concise reasons for the
objection.(3)The party must immediately serve the
response on all otherparties to the proceedings.22Determination of amended
application(1)If a party objects to all or part of
an amended application, thecourt,commissionorregistrarmay,afterhearingtheobjecting party, allow or disallow the
proposed amendment.(2)The decision must be made by—(a)ifthehearingoftheapplicationhasnotstarted—theregistrar;
or(b)if the hearing of the application has
started—the court,commission or registrar hearing the
application.(3)The court, commission or registrar may
make the decision onthetermsthecourt,commissionorregistrarconsidersappropriate.(4)If
no objection is made under rule 21(1), the amendment istaken to be authorised by the court,
commission or registrar.Page 20Reprint 4A
effective 1 July 2011
Subdivision 3ServiceIndustrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 23]23Who
is to be served(1)The party by or for whom a document is
filed or issued in aproceedingbeforethecourt,commissionorregistrarmustserve the document on each other party to
the proceeding.(2)Subrule (1) does not apply if—(a)the court, commission, or registrar
otherwise directs; or(b)the Act or these
rules provide otherwise.24Time for
service(1)Unless these rules otherwise provide,
documents required tobeservedundertheserulesmustbeservedassoonaspracticable, but at least 3 business days
before—(a)the return day stated in the document;
or(b)the day on which it is proposed to
apply.(2)Despitesubrule(1),thecourt,commissionorregistrarmaydirect a document be served in a shorter
time.25Service not allowed on certain
daysApersoncannotserveadocumentonGoodFridayorChristmasDayunlessthecourt,commissionorregistrarotherwise
orders.26How personal service is
performed(1)To serve a document personally, the
person serving it mustgive the document, or a copy of the
document, to the personintended to be served.(2)However, if the person does not accept
the document, or copy,thepartyservingitmayserveitbyputtingitdownintheperson’s presence and telling the
person what it is.Reprint 4A effective 1 July 2011Page
21
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 27](3)It
is not necessary to show to the person served the original
ofthe document.27Service of documents(1)The
following are ways by which a document may be servedon
the person to be served—(a)personal service
under rule 26;(b)foranorganisationorassociation—leavingthedocumentwithortenderingittothesecretaryoftheorganisation or
association;(c)leaving the document with someone who
is apparentlyan adult living at the relevant
address;(d)ifthereisno-oneattherelevantaddress—leavingthedocument at the relevant address in a
position where it isreasonably likely to come to the
person’s attention;(e)iftherelevantaddressiswithinabuildingorareatowhich the person serving the document has
been deniedaccess—leaving the document at the building
or area ina position where it is reasonably likely to
come to theperson’s attention;(f)posting the document to the relevant
address;Editor’s note—For
the meaning of service by post see theActs
InterpretationAct 1954, section 39A
(Meaning of service by post etc.).(g)if
the person has given—(i)afaxnumberundertheserules—faxingthedocument to the person; or(ii)anemailaddresswheredocumentsintheproceedingmaybeservedontheperson—emailing the document to the
person;(h)if a proceeding is brought against the
person in relationto a business carried on by the person under
a name orstyleotherthantheperson’sname—leavingthedocument at the person’s place of business
with a personPage 22Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 28]whoappearstohavecontrolormanagementofthebusiness at the place.(2)However—(a)anattendancenoticeundersection232(2)oftheActmay not be
served by email; and(b)any other
attendance notice may not be served by fax oremail.(3)Thechargeforserviceunderthisrulemustbepaidbytheparty required to serve the
document.(4)In this rule—relevant
address, of a person to be served, means—(a)the person’s address for service;
or(b)foranindividualwhodoesnothaveanaddressforservice—(i)theindividual’slastknownplaceofbusinessorresidence; or(ii)iftheproceedingisbroughtbyoragainstanindividualinthenameofapartnership—theprincipalorlastknownplaceofbusinessofthepartnership; or(c)for
a corporation, organisation or association that doesnothaveanaddressforservice—itsheadofficeoritsprincipal or registered office.28Service of directions order on
applicant(1)The registrar may serve a copy of a
directions order on theapplicant by notifying the applicant
that a sealed copy of thedirections order is available for
collection at the registry.(2)Theregistraristhentakentohaveservedthedirectionsorder—(a)48 hours after the order is made
available for collection;orReprint 4A
effective 1 July 2011Page 23
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 29](b)withinanothertimespecifiedbytheregistrarinthenotice.29Service by an officer of the
courtAn officer of the court, when required by
the registrar, mustserve any process or other document required
to be served.30Substituted service(1)If, for any reason, it is
impracticable to serve a document in away required
under this subdivision, the court, commission orregistrarmaymakeanordersubstitutinganotherwayofserving the
document.(2)The court, commission or registrar
may, in the order, specifythestepstobetaken,insteadofservice,forbringingthedocument to the attention of the person to
be served.Example—bringing the document to the attention of
the person by phone or publicadvertisement(3)The
court, commission or registrar may, in the order, specifythat
the document is to be taken to have been served on thehappeningofaspecifiedeventorattheendofaspecifiedtime.(4)Anapplicationforanorderunderthisrulemustbeintheapproved
form.31Informal serviceIf—(a)for any reason, a document is not
served as required bythis subdivision but the document or a
copy of it cameinto the possession of the person to be
served; and(b)thecourt,commissionorregistrarissatisfiedonevidencebeforeitthatthedocumentcameintotheperson’s possession on or before a
particular day;Page 24Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 32]the court,
commission or registrar may, by order, decide thatthe
possession of the document is service for these rules onthe
day it came into the person’s possession or another daystated in the order.32Service on agent(1)ThisruleappliesifapersonlivingorcarryingonbusinessoutsideQueensland(theprincipal)entersintoacontractinQueensland through an agent living or
carrying on business inQueensland.(2)The
court, commission or registrar may, without deciding theagent’s authority or business relationship
with the principal,give leave for a document starting a
proceeding relating to aproceedingarisingoutofthecontracttobeservedontheagent.(3)Thepartyservingthedocumentontheagentmustimmediately send to the principal a copy of
the order and thedocument starting the proceeding.(4)The documents required to be sent
under subrule (3) must besent to the principal’s address
outside Queensland by post.33Service by
agreement(1)Thisruleappliesif,beforeorafteraproceedingstarts,theparties to the proceeding agree that a
document relating to theproceeding may be served on a party,
or someone else for theparty,inawayorataplace,inQueenslandorelsewhere,specified in the
agreement.(2)Thedocumentmaybeservedinaccordancewiththeagreement.34When
affidavit of service is required(1)A
party serving a document under rule 23 must, as soon aspracticableafterservingthedocument,fileanaffidavitofservice of the document.Reprint 4A
effective 1 July 2011Page 25
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 35](2)For
a document served under rule 29, the registrar may directif
and when an affidavit of service is required.35Form
of affidavit of service(1)An affidavit of
service of a document must be in the approvedform and—(a)for an affidavit of personal
service—must be made bythepersonwhoservedthedocumentandstatethefollowing—(i)the
person’s full name;(ii)the time, day
and date the document was served;(iii)the
place of service;(iv)the name of the
person served and how the personwas identified;
or(b)otherwise—(i)must
state the relevant dates and the facts showingservice;
and(ii)may be made on
information given to, or the beliefof, the person
causing the service; and(iii)if made on
information given to the person—muststate the source
of the information.(2)An affidavit of service must—(a)have a copy of the document served
attached to it as anexhibit; or(b)be
written on a copy of the document served; or(c)ifthedocumentservedhasbeenfiled—mentionthedocument in a way sufficient to enable the
document tobe identified.Page 26Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 36]36Identity of person servedForprovingservice,astatementbyapersonofhisorheridentity or that he or she holds a
particular office or position isevidence of the
identity or that the person holds the office orposition.37Special requirements for service by
fax(1)A document served by fax must include
a cover page statingthe following—(a)the
sender’s name and address;(b)the name of the
person to be served;(c)the date and
time of transmission;(d)thetotalnumberofpages,includingthecoverpage,transmitted;(e)thephonenumberfromwhichthedocumentistransmitted;(f)thenameandphonenumberofapersontocontactifthere is a problem with the
transmission;(g)that the transmission is for service
under a stated rule.(2)Anaffidavitofserviceofadocumentbyfaxmusthaveattached to it as an exhibit, the
transmission advice, generatedby the sender’s
fax machine, indicating the transmission wassuccessful.Subdivision
4Directions orders38Directions orders(1)Thecourt,commissionorregistrarmaymakeadirectionsorder about the
conduct of a proceeding on the application ofapartyorontheinitiativeofthecourt,commissionorregistrar.(2)A
directions order may, for example, relate to the following—Reprint 4A effective 1 July 2011Page
27
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 38](a)specifyingthepartieswhoaretobeservedwithapplications, related material or other
documents;(b)requiring evidence of the
service;(c)another matter relating to service of
an application;(d)schedulingofconferences,mediationconferences,preliminaryhearingsandhearingsbeforethecourt,commission or
registrar;(e)requiring further and better
particulars of an application;(f)requiring the applicant to file and serve
all material to bereliedoninsupportoftheapplicationbyaffidavitoranother form;(g)requiring a party to respond to a notice to
admit facts;(h)requiringtherespondenttofileandservematerialinreply;(i)requiringtheapplicanttofileandservematerialinreply;(j)requiring the parties—(i)to
confer to agree on matters that can be agreed on;and(ii)to identify
points in issue; and(iii)toreportbacktothecourt,commissionorregistrar;(k)requiringthepartiestofileawrittenoutlineofsubmissions or submissions about the
subject matter ofthe application;(l)requiring—(i)evidence to be given by affidavit; or(ii)statements to be
filed and served, in affidavit form,of the primary
evidence of a witness;(m)requiring—Page 28Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 39](i)the
identification of the provisions of any relevantlegislation or industrial instruments;
and(ii)a list of cases
to be relied on in support of or inresponse to
proceedings to be provided;(n)requiring submissions in writing to justify
the necessityto carry out inspections or hearings at
other locations;(o)requiring disclosure of
documents;(p)requiring inspection of
documents.(3)An application for a directions order
about a matter mentionedin subrule (2)(b) to (p) must be in
the approved form unlessthe application was made in a document
starting a proceeding.(4)A draft of the
directions order sought must be filed with theapplication.39Hearing of partiesThecourt,commissionorregistrarmayhearpartiestoaproceeding
before making a directions order if it is considerednecessary or appropriate.40Further directionsThecourt,commissionorregistrarmaymakeafurtherdirections
order, at any time after a directions order has beenmade, if it is considered necessary or
appropriate.41Hearing and decision for proceeding on
application fordirectionsIfthepartiesagree,thecourt,commissionorregistrarmayhear
and decide a proceeding on an application for directions.42Failure to attend or to comply with
directions order(1)This rule applies if—Reprint 4A effective 1 July 2011Page
29
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 43](a)a
party to a proceeding receives notice of a directionsordermadebythecourt,commissionorregistrarspecifyingatime,dateandplaceforahearingorconference in the proceeding; and(b)the party fails to attend at the
hearing or conference.(2)This rule also
applies if a party to a proceeding receives noticeofadirectionsordermadebythecourt,commissionorregistrar and the party fails to comply with
the order.(3)The court, commission or registrar
may—(a)dismiss the proceeding; or(b)make a further directions order;
or(c)make another order dealing with the
proceeding that thecourt, commission or registrar considers
appropriate; or(d)make orders under paragraphs (b) and
(c).Subdivision 5Response43Response to application(1)If the court, commission or registrar
considers it appropriatetohelpeffectivelydisposeofanapplication,thecourt,commission or
registrar may direct a party to file a response tothe
application by a specified time.(2)A
response must be in the approved form and—(a)admit or deny, either with or without
qualification, eachstatement of fact made in the application;
and(b)state whether the relief claimed is
agreed to or opposed.(3)Aresponsemaycontainacounterclaiminresponsetothematters raised in the
application.(4)Iftheresponsecontainsacounterclaim,thecounterclaimmust be set out
in enough detail to clearly specify the natureof the relief
sought.Page 30Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 44](5)Arespondentmustfiletheoriginaland3copiesoftheresponse and serve a copy immediately
on the applicant andany other parties.(6)If a
party fails to file a response within the time allowed undersubrule(1),thecourt,commissionorregistrarmayimposetermsonthepartyabouttheparty’sparticipationintheproceeding.Subdivision
6Evidence and affidavits44Powers for evidenceThecourt,commissionorregistrarmaydispensewithevidence on any matter—(a)on
which all parties have agreed in writing; or(b)for
which the court, commission or registrar considersevidence is unnecessary.45Notice to admit fact or document(1)A party to a proceeding (thefirst party) may, by notice
in theapproved form served on another party, ask
the other party toadmit,fortheproceedingsonly,thefactsordocumentsspecified in the
notice.(2)If the other party does not, within 14
days, serve a notice onthefirstpartydisputingthefactsortheauthenticityofthedocument, the other party is taken to
admit, for the proceedingonly, the fact or the authenticity of
the document specified.(3)The other party
may, with the leave of the court, commissionor registrar,
withdraw an admission taken to have been madeunder subrule
(2).46Evidence on affidavit(1)Evidence may be given by affidavit if
the court, commissionor registrar so directs.Reprint 4A effective 1 July 2011Page
31
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 47](2)However,ifrequiredbythecourt,commissionorregistrar,the person
making the affidavit must appear to give evidenceor
for cross-examination.(3)If the person
making the affidavit does not appear as required,the
affidavit can not be used in evidence without the leave ofthe
court, commission or registrar.(4)Unlessthecourt,commissionorregistrargivesleave,anaffidavit may be used in a proceeding only
if it has been filed.(5)The party filing
an affidavit must immediately serve a copy ofthe affidavit on
each other party to the proceeding.47Limitation of affidavitA person, in an
affidavit, may only make—(a)foranaffidavitusedinanapplicationinaproceeding—statements to the best of
the person’s ownknowledge, information or belief; or(b)otherwise—statementsoffactsoftheperson’sownknowledge.48Form
of affidavitAn affidavit must—(a)be
in the approved form; and(b)be in the first
person; and(c)identify the person making it;
and(d)statetheresidentialorbusinessaddressorplaceofemployment of the person making it;
and(e)bedividedintoconsecutivelynumberedparagraphs,witheachparagraph,asfar
as practical, confined to adistinct part of
the subject matter; and(f)state whether
the affidavit is sworn or affirmed; andPage 32Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 49](g)ifthepersonswearsanaffidavitonbehalfofanotherperson or
entity—state that the person is authorised toswear the
affidavit; and(h)state the day on which, and place
where, it was sworn;and(i)besignedbythepersonmakingtheaffidavitinthepresence of the person authorised to
take the affidavit;and(j)besignedbythepersonmakingtheaffidavitandtheperson taking the affidavit on each
page.49Exhibits(1)Adocumentmentionedinanaffidavitandusedwiththeaffidavit (anexhibit)
must be an original document unless it isimpractical to
use the original.(2)A document attached to an affidavit as
an exhibit must—(a)be titled in the same way as the
affidavit; and(b)contain the case number of the
proceeding; and(c)have a certificate on it signed by the
person taking theaffidavit to the effect of the
following—‘Thisisthe(document,object,thingetc.)marked‘A’mentioned in the affidavit of A.B. sworn
before me this.... day of .... 20..’.50AlterationsAny
interlineation, erasure or other alteration in an affidavitmust
be initialled by—(a)the person making the affidavit;
and(b)the person taking the
affidavit.Reprint 4A effective 1 July 2011Page
33
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 51]51Certificate of reading or signature for
person makingaffidavit(1)Ifanaffidavitisswornbyapersonwhoisincapableofreading the affidavit or physically
incapable of signing it, theperson taking
the affidavit must certify—(a)that
fact; and(b)that the affidavit was read or
otherwise communicated inthe presence of the person making the
affidavit; and(c)that the person seemed to understand
the affidavit; and(d)thatthepersonsignifiedthatthepersonmadetheaffidavit.(2)Theaffidavitcannotbeusedinevidencewithoutthecertificateunlessthecourt,commissionorregistrardecidesotherwise.52Specified time for filing affidavitsIfanaffidavitmustbefiledwithinaspecifiedtime,anaffidavitfiledafterthattimecannotbeusedinevidenceunless the
court, commission or registrar otherwise decides,with
or without conditions.53Scandalous or
oppressive matterIf there is scandalous or oppressive matter
in an affidavit, thecourt, commission or registrar may
order that—(a)the affidavit be removed from the
file; or(b)the affidavit be removed from the file
and destroyed; or(c)the scandalous or oppressive matter be
struck out.Page 34Reprint 4A
effective 1 July 2011
Subdivision 7Industrial
Relations (Tribunals) Rules 2000Part 2 Industrial
tribunals and registry[r 54]Attendance
notice54Attendance notices(1)Ontherequestofapartytheregistrarmay,andonthedirectionofthepresidentoracommissionertheregistrarmust, issue an
attendance notice to a person.(2)A
request for an attendance notice must—(a)be
in the approved form; and(b)state the name
or designation by office or position of theperson to whom
the attendance notice is directed, unlessthe court,
commission or registrar otherwise directs; and(c)be
filed; and(d)beaccompaniedbytheattendancenotice,intheapprovedform,thepersonmakingtherequestwantsissued.(3)Anattendancenotice,otherthananattendancenoticeforacompulsoryconference,mayonlybedirectedtoasingleperson.(4)The name or designation by office or
position of the person towhom an attendance notice is directed
must be stated in thenotice before it is issued.55Attendance notice to produceAnattendancenoticerequiringapersontoproduceadocument or thing must—(a)adequately describe the document or thing;
and(b)contain a notice, in the approved
form, telling the persontowhomtheattendancenoticeisdirectedthattheperson has the right to apply to the
court or commissionto have the attendance notice set aside on
any sufficientgrounds, including—(i)thedocumentorthingisnotrelevanttotheproceedings; orReprint 4A
effective 1 July 2011Page 35
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 56](ii)privilege; or(iii)oppressiveness,includingoppressivenessbecausesubstantial expense may be incurred that may
notbe reimbursed; or(iv)noncompliance with these rules.56Inspection of material(1)Adocumentorthingproducedtothecourt,commissionorregistrar,whetherproducedvoluntarilyorunderanattendance notice, may be inspected
by—(a)the court, commission or registrar;
and(b)any party the court, commission or
registrar allows.(2)However, information obtained from the
document must notbemadepublicwithoutthepermissionofthecourt,commission or
registrar.(3)If the court, commission or registrar
considers that part of adocumentdoesnotrelatetoamatterinissue,thecourt,commission or
registrar may order the part be closed.57Setting aside attendance noticeThe
court or commission may, by order, set aside part or all ofan
attendance notice.58Allowance for attendance and
expenses(1)Apersonwhoattendsthecourtorcommissionunderanattendance notice is entitled
to—(a)the person’s reasonable expenses of
travelling to attend;and(b)the
allowance payable to a witness in a civil action in theSupreme Court.Page 36Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 59](2)Ifapartyrequestedtheperson’sattendance,thepartyisresponsibleforpayingtheallowanceandexpensestotheperson.(3)The
court or commission may treat the failure of a party topay
the person’s expenses as a lawful excuse for section 661of
the Act.59Production by non-party(1)This rule applies if the person named
in an attendance noticerequiring the production of a document
or thing is not a partyto the proceeding.(2)Unlessthecourtorcommissionotherwisedirects,theattendance notice must permit the person to
produce, by thedaybeforethedayproductionisrequired,thedocumentorthing at the registry.(3)Ifadocumentorthingisproducedattheregistryundersubrule (2), the registrar must—(a)issue a receipt; and(b)dealwiththedocumentorthingasthecourtorcommission directs.(4)Anattendancenoticethatonlyrequiresproductionofadocument or thing may be satisfied by
an agent of the personnamed in the notice producing the
document or thing to thecourt or commission.60Serving attendance noticeAn
attendance notice must be served under rule 27.Reprint 4A
effective 1 July 2011Page 37
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 61]Subdivision
8Hearing61Request for notice of hearing(1)An applicant in a proceeding before
the court or commissionmay at any time request the court or
commission in writing tofix a time, date and place for the
hearing of the application.(2)The
court or commission may fix a time, date and place if thecourt or commission—(a)issatisfiedallnecessaryprocedureshavebeencompleted;
or(b)otherwise considers it
appropriate.(3)The registrar must give the applicant
and other parties noticeof the time, date and place as soon as
practicable after it isfixed.(4)The
notice may be given orally or in writing.62Hearing in respondent’s absenceAcommissionermayhearanddecideanapplicationundersection278oftheActintherespondent’sabsence,ifthecommission is
satisfied—(a)the application contained a warning
that the applicationmay be dealt with in the respondent’s
absence; and(b)theapplicanthasprovedserviceoftheapplicationonthe
respondent; and(c)the application contains sufficient
particulars relied onin support of the application.63Rehearing of proceeding heard in
respondent’s absence(1)Thisruleappliesifthecommissionmakesanorderundersection 278 of the Act in the respondent’s
absence.(2)Therespondentmayapplytothecommissiontoreheartheapplication.Page 38Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 64](3)Theapplicationmayonlybemadewithin30daysofthedecision or order in the proceeding
being made or released,whichever is the later.(4)If the commission is satisfied it is
necessary in the interests ofjustice for the
application to be reheard, the commission mayrehear the
application.Subdivision 9Discontinuing
proceeding64Discontinuance of applications other
than under Act, s 74(1)Thisruleappliestoanapplicationbeforethecourt,commission or
registrar to which rule 129 does not apply.(2)The
applicant may ask to be allowed to discontinue the matterbyfilingawrittenrequest,intheapprovedform,withtheregistrar.(3)When
filing the request, the applicant must forward a copy ofthe
request by any method mentioned in subdivision 3 to eachof
the parties to the application.(4)A
party may object to the discontinuance by written notice tothe
registrar within 14 days after being notified of the requestto
discontinue.(5)If no party objects within the 14
days, the court, commissionor registrar may
allow the matter to be discontinued.(6)Ifamatterisallowedtobediscontinued,thecourt,commission or
registrar must note the file to that effect.(7)Ifanoticeofobjectionisreceivedwithinthe14days,thecourt,commissionorregistrarmayallowordisallowtherequest for discontinuance on the terms the
court, commissionor registrar considers appropriate.65Other discontinuanceThecourt,commissionorregistrarmayatanytimeinahearing,allowtheapplicanttodiscontinueamatterontheReprint 4A effective 1 July 2011Page
39
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 66]termsthecourt,commissionorregistrarconsidersappropriate.Subdivision
10Costs66Costs(1)Ifthecourtorcommissionmakesanorderforcostsundersection 335 of the Act, the court or
commission, in making theorder, may have regard to—(a)foraproceedingbeforethecommission—thecostspayableonthescaleofcostsforMagistratesCourtsundertheUniformCivilProcedureRules1999,schedule 3; or(b)foraproceedingbeforethefullbench—thecostspayable on the
scale of costs for the District Court undertheUniform Civil Procedure Rules 1999,
schedule 2; or(c)for a proceeding before the court—the
costs payable onthescaleofcostsfortheSupremeCourtundertheUniform Civil Procedure Rules 1999,
schedule 1; or(d)any other relevant factor.(2)Thecourtmayorderthatcostsbeassessedbytheregistrarand, in
assessing costs, the registrar may have regard to theUniform Civil Procedure Rules 1999,
chapter 17A.Subdivision 11Recovery of
amounts under orders67Certificate under Act, s 336Acertificateundersection336oftheActmustbeintheapproved
form.Page 40Reprint 4A
effective 1 July 2011
Division 3Industrial
Relations (Tribunals) Rules 2000Part 2 Industrial
tribunals and registry[r 68]Commission’s
functions andpowers68Application for secret ballotAn
application for a direction under section 235 of the Act toconductasecretballotonstrikeactionmustbeinthenon-chapter 12
approved form.69Conducting secret ballot(1)This rule applies if the registrar is
directed to conduct a secretballot.(2)The registrar is the returning officer
at the ballot.(3)The returning officer must compile a
roll of persons entitled tovote at the
ballot from—(a)the registers kept under section 368
or 544 of the Act; or(b)any other list
requested by the returning officer.(4)The
returning officer may—(a)appoint
presiding officers, poll clerks, scrutineers, andother persons as officers to assist in the
conduct of theballot; and(b)appointapersonappointedunderparagraph(a)asadeputy returning officer.(5)Only the following persons may enter
the ballot room—(a)persons who are present to
vote;(b)the returning officer;(c)persons appointed under subrule
(4).(6)The ballot may be taken only by voting
papers.(7)The returning officer or deputy must
give a voter—(a)a voting paper in the approved form;
and(b)anything else necessary for taking the
ballot.Reprint 4A effective 1 July 2011Page
41
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 70](8)A
voter is entitled to 1 vote only.(9)The
returning officer or deputy must, as soon as practicableafter the poll closes, count the votes
received.(10)The returning
officer must keep custody of all voting papers,rolls, and
documents used at the ballot for at least 1 year.70Application to declare persons to be
employeesFor section 275 of the Act, an application
must—(a)be in the non-chapter 12 approved
form; and(b)state the class of persons to be
declared employees; and(c)state the work
performed by the persons; and(d)state the industry in which the work is
performed; and(e)state the nature and effect of the
contract for services.71Application to
amend or void contract(1)Forsection276oftheAct,anapplicationmustbeinthenon-chapter 12 approved form and state how
the contract towhich the application relates—(a)isacontractofservicenotcoveredbyanindustrialinstrument;
or(b)is a contract for services.(2)The application must also
state—(a)how thecontractconditionsareharsh,unconscionableor unfair;
or(b)how the contract is against the public
interest; or(c)howthecontractprovides,orhasprovided,atotalremunerationoflessthanthatwhichapersonperformingtheworkofanemployeewouldreceiveunder an
industrial instrument or the Act; or(d)howthecontractisdesignedto,ordoes,avoidtheprovisions of an industrial
instrument.Page 42Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 72](3)Anaffidavitcontainedinoraccompanyingtheapplicationmust state that
the applicant—(a)has not made an application under
section 74 of the Actfor the same matter; and(b)isnotapersonmentionedinsection276(6)(b)oftheAct.(4)If the contract for services or
contract of service is written orpartly written
it must be attached as an exhibit to the affidavit.72Application for injunction under Act,
s 277 orWhistleblowers Protection Act 1994, s
47An application for an injunction under
section 277 of the Actor theWhistleblowers
Protection Act 1994, section 47 must—(a)be
in the non-chapter 12 approved form; and(b)state the facts relied on.73Application to recover unpaid wages
and superannuationcontribution etc.(1)Anapplicationforanorderforthepaymentofanamountunder section
278 of the Act must be in the approved formand—(a)state the industrial instrument
involved or other basis forthe claim;
and(b)state the nature of the work
undertaken by the employeethe subject of the claim; and(c)state that the applicant and any other
person eligible tomake an application under section 278(3) of
the Act inrelationtotheemployeehasnotmadeanapplicationunder section
399 or 408 of the Act for the same matter;and(d)state details, in itemised form, of
the applicant’s claim;andReprint 4A
effective 1 July 2011Page 43
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 74](e)statethedatestheamountsclaimedbecamepayable;and(f)state the total
amount claimed; andEditor’s note—Under
the Act, section 278 (Power to recover unpaid wages andsuperannuation contribution etc.) a claim
can not be made formore than $50000.(g)show
how each calculation was made; and(h)provide the following information—(i)theemployer’sname,addressandphoneandfaxnumber (if any);(ii)if
the employer is a business—a contact name forthe
employer;(iii)if the employer
has no phone—a way the employermay be contacted
by phone.(2)If the application is by a trainee or
apprentice, that fact mustbe stated in the application or
affidavit accompanying it.74Orders about
representation rights of employeeorganisationsAn application
under section 279 of the Act for an order abouta demarcation
dispute must be in the non-chapter 12 approvedform.75Application to reopenAn
application to reopen proceedings under section 280 of theAct
must be in the non-chapter 12 approved form and state thegrounds relied on.76Application to refer matter to full
benchAn application to refer a matter to the full
bench under section281(3)oftheActmustbeinthenon-chapter12approvedform, unless the
president or registrar approves otherwise.Page 44Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 77]77Application for interpretation of industrial
instrument(1)An application for an interpretation
of an industrial instrumentunder section
284 of the Act must—(a)be in the
non-chapter 12 approved form; and(b)state the title of any relevant Act,
industrial instrumentorrelateddocumentandthenumberofthesectionorclause under which the question arises;
and(c)state the questions to be answered;
and(d)be accompanied by a statement, signed
by all parties totheproceeding,oftheagreedfactsreliedonfortheapplication.(2)Subrule(1)(d)doesnotapplytoanapplicationbyaninspector.78Application for reinstatement of training
contractcancelled by coercionAn application
for an order under theVocational Education,Training and Employment Act 2000,
section 62 must be in thenon-chapter 12 approved form.Division 4PracticeSubdivision 1Court and
commission79Using recording devicesApersonwhoisnotanaccreditedofficeroftheStateReporting Bureau must not use a recording
device in a hearingorconference,unlessthecourt,commissionorregistrarallows
it.Reprint 4A effective 1 July 2011Page
45
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 80]80Practice notesThe court,
commission or registrar may, by notice publishedon
the QIRC website, issue practice notes for the guidance ofparties to any proceedings.81Joining matters(1)A
party to a proceeding may apply to the court or commissionfor
the matter to be joined with another proceeding.(2)The court or commission may order
proceedings to be joinedif it considers—(a)substantiallythesamequestionisinvolvedinalltheproceedings;
or(b)thedecisionin1proceedingislikelytodetermineorseriously impact on the other; or(c)it is otherwise appropriate or
desirable.(3)When joining proceedings, it is not
necessary—(a)to make a written order joining the
proceedings; or(b)for the parties to consent.(4)Ifapartyclaimstobeadverselyaffectedbythejoiningofproceedings, the party may apply to separate
the proceedingsbyadvisingtheregistrarandanyotheraffectedpartyinwriting before the hearing of the
proceeding.82Commission acting on own
initiativeIf the commission acts on its own
initiative—(a)the commission must notify the
registrar in writing; and(b)the registrar
must record the matter and take any actionthe commission
directs.Page 46Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 83]83Extension or shortening of time(1)SubjecttotheActandtheserules,apartytoaproceedingbeforethecourt,commissionorregistrarmayapplytothecourt, commission or registrar to
extend or shorten the timeprescribed for doing anything.(2)Theapplicationmaybejoinedwithorformpartofadocument
starting a proceeding.84Exhibits not to
be taken outA party to a proceeding must not take an
exhibit out of thecourt, commission or registry without an
order of the court,commission or registrar.85Correcting errors(1)The
court, commission or registrar may correct an error in anindustrial instrument, order or
direction.(2)The court, commission or registrar may
act on—(a)the initiative of the court,
commission or registrar; or(b)the
application of an interested party.(3)In
this rule—errormeansaclericalmistake,misnomer,inaccuratedescription,
omission or other manifest defect or irregularity.86Continuance of proceedings—death of
party(1)A proceeding in the court, commission
or before the registrardoes not end because of the death of a
party.(2)However,apersoncannottakeanyfurtherstepintheproceeding
without—(a)an order of the court, commission or
registrar; and(b)following directions given by the
court, commission orregistrar about how to proceed.Reprint 4A effective 1 July 2011Page
47
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 87]87Publishing decisions etc.(1)The registrar may publish on the QIRC
website—(a)a decision of the court, commission or
registrar; and(b)noticeofthemakingoramendmentofacertifiedagreement.(2)TheregistrarmustpublishthefollowingontheQIRCwebsite—(a)acertifiedagreement,oranamendmentofacertifiedagreement, if
the commission directs it be published;(b)an
award or amendment of an award;(c)notice of the making of a general ruling
under section287 of the Act;(d)the
date specified in the general ruling as the date on andfrom
which the general ruling has effect.(3)The
court, commission or registrar may, in the public interestorforanotherreasonthecourt,commissionorregistrarconsiders
appropriate—(a)withhold publication of a document;
or(b)modifyadocument,beforepublication,inawaythatdoes
not affect the essence of the document.Subdivision
2Registry88Registrar may refer certain documents to
court orcommission(1)Thisruleappliesiftheregistrarconsidersadocumentforfiling is an abuse of the process of the
court or commission orfrivolous or vexatious.(2)Theregistrarmayreferthedocumenttothecourtorcommission before filing it.(3)The court or commission may direct the
registrar—Page 48Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 2 Industrial tribunals and
registry[r 89](a)to
file the document; or(b)to refuse to
file the document.89Powers(1)For
a matter in which the registrar has jurisdiction under theAct,
including under a reference by the court or commission,the
registrar may—(a)call persons by attendance notice;
and(b)take affidavits; and(c)examine parties and witnesses;
and(d)adjourn a matter or hearing;
and(e)amend or give leave to amend an
application, notice, orother proceeding; and(f)extendthetimeprescribedforlodgingadocumentordoing an act (whether or not the time has
expired); and(g)make an order about the
following—(i)an application in a proceeding to be
taken beforethe hearing;(ii)the
costs of an application in a proceeding;(iii)theissuestobesubmittedtothecourtorcommission;(iv)the
naming and joining of parties;(v)thepersonstobeservedwithnoticeofproceedings;(vi)particulars of the claims of parties;(vii) a notice to admit facts or
documents;(viii) disclosure;(ix)inspection of documents;(x)examination of witnesses;(xi)the place, time
and nature of a hearing.Reprint 4A effective 1 July 2011Page
49
Industrial Relations (Tribunals) Rules
2000Part 3 Proceedings before industrial
magistrates[r 90](2)Iftheregistrarexercisesapowerundersubrule(1)ontheapplication of a
party, the registrar may exercise the power onthe terms the
registrar considers appropriate.Part 3Proceedings before industrialmagistratesDivision 1Proceedings for claims90Application of div 1This division
applies to the following claims—(a)a
claim under section 399 of the Act;(b)a
claim for damages sustained by an employee becausethe
employer failed to pay the employee’s wages;(c)a
claim under chapter 11, part 2, division 2 of the Act;(d)a claim for unpaid superannuation
under section 408 ofthe Act;(e)a
claim for compensation under section 83 of the Act;(f)a claim for damages for breach of an
agreement madeunder an industrial instrument;(g)a claim for repayment of a fee under
section 408G of theAct;(h)aclaim for the recovery of a debt under
theWorkers’CompensationandRehabilitationAct2003,section580.91Starting a claim(1)Aclaimmustbestartedbyanapplicationintheapprovedform.Page
50Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 3 Proceedings before industrial
magistrates[r 92](2)The
application must be signed by a justice of the peace.(3)Two or more claims may be joined in 1
proceeding.92Procedure for claims before industrial
magistrate(1)An application for a claim before an
industrial magistrate is tobeheardanddecidedasifitwereacomplaintundertheJustices Act 1886for a charge of
a simple offence.(2)However,thetimeforstartingaproceedingundersection399, 408 or 408G
of the Act is the time allowed under thosesections and not
under theJustices Act 1886.(3)Also,thetimeforstartingaclaimundertheWorkers’CompensationandRehabilitationAct2003isthetimeallowed under
that Act and not under theJustices Act 1886.93Substituted service(1)If, for any reason, it is
impracticable to serve a document in awayrequiredundertheJusticesAct1886inaproceedingbefore an
industrial magistrate, the industrial magistrate maymakeanordersubstitutinganotherwayofservingthedocument.(2)The
industrial magistrate may, in the order, specify the stepsto
be taken, instead of service, for bringing the document tothe
attention of the person to be served.Example—bringing the document to the attention
of the person by phone or publicadvertisement(3)The
industrial magistrate may, in the order, specify that thedocument is to be taken to have been served
on the happeningof a specified event or at the end of a
specified time.(4)Anapplicationforanorderunderthisrulemuststatethegrounds relied on and be supported by
an affidavit.Reprint 4A effective 1 July 2011Page
51
Industrial Relations (Tribunals) Rules
2000Part 3 Proceedings before industrial
magistrates[r 94]94Summons(1)Ifanapplicationforaclaimismadebeforeajustice,thejusticemayissueasummonsdirectedtotherespondentrequiringtherespondenttoappearbeforeanindustrialmagistrate at a
stated time and place to answer the claim andto be further
dealt with according to law.(2)The
summons and a copy of the application for a claim mustbe
served on the respondent.(3)ForaproceedingundertheWorkers’CompensationandRehabilitationAct2003mentionedinrule90(h),thesummonsmustrequiretherespondenttoappearbeforeanindustrial magistrate at—(a)the court in the Magistrates Courts
district in which therespondent resides or has its
registered office; or(b)a court in a
division of the Brisbane Magistrates Courtsdistrictthatisnearesttotherespondent’splaceofresidence or registered office.(4)TheJusticesAct1886,section56appliestoserviceofasummons as if an application for a
claim were a complaint fora simple offence.95Alternative dispute resolution process
appliesTheUniform Civil Procedure Rules,
chapter 9, part 4 apply toa claim made under rule 90 with
necessary changes.96Directions orders(1)An
industrial magistrate may make a directions order aboutthe
conduct of a proceeding on the request of a party or on theinitiative of the industrial
magistrate.(2)A directions order may, for example,
relate to the following—(a)specifyingthepartieswhoaretobeservedwithapplications, related material or other
documents;(b)requiring evidence of the
service;Page 52Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 3 Proceedings before industrial
magistrates[r 96](c)another matter relating to service of an
application;(d)schedulingofconferences,mediationconferences,preliminary
hearings and hearings;(e)requiring
further and better particulars of an application;(f)requiring the applicant to file and
serve all material to bereliedoninsupportoftheapplicationbyaffidavitoranother form;(g)requiring a party to respond to a notice to
admit facts;(h)requiringtherespondenttofileandservematerialinreply;(i)requiringtheapplicanttofileandservematerialinreply;(j)requiring the parties—(i)to
confer to agree on matters that can be agreed on;and(ii)to identify
points in issue; and(iii)to report back
to the industrial magistrate;(k)requiringthepartiestofileawrittenoutlineofsubmissions or submissions about the
subject matter ofthe application;(l)requiring—(i)evidence to be given by affidavit; or(ii)statements to be
filed and served, in affidavit form,of the primary
evidence of a witness;(m)requiring—(i)the
identification of the provisions of any relevantlegislation or industrial instruments;
and(ii)a list of cases
to be relied on in support of or inresponse to
proceedings to be provided;(n)requiring disclosure of documents;(o)requiring inspection of
documents.Reprint 4A effective 1 July 2011Page
53
Industrial Relations (Tribunals) Rules
2000Part 3 Proceedings before industrial
magistrates[r 96A]96AFailure to attend or to comply with
directions order(1)This rule applies if—(a)a party to a proceeding receives
notice of a directionsordermadebyanindustrialmagistratespecifyingatime, date and place for a hearing or
conference in theproceeding; and(b)the
party fails to attend at the hearing or conference.(2)This rule also applies if a party to a
proceeding receives noticeof a directions order made by an
industrial magistrate and theparty fails to
comply with the order.(3)An industrial
magistrate may—(a)dismiss the proceeding; or(b)make a further directions order;
or(c)makeanotherorderdealingwiththeproceedingtheindustrial magistrate considers appropriate;
or(d)make orders under paragraphs (b) and
(c).97Onus of proofTheapplicantforaclaimbearstheonusofprovingtheapplicant’s claim on the balance of
probabilities.98AdjournmentIf an industrial
magistrate can not attend at the time appointedforthehearingofaproceeding,theclerkofthecourtmayadjourn the proceeding to a suitable date
before an industrialmagistrate.99Enforcement of order(1)This
rule applies if an industrial magistrate orders an amountbe
paid for breach of an agreement made under an industrialinstrument.Page 54Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 4 Lawyers, agents and other
representatives[r 100](2)The
person to whom the amount is payable may obtain fromthe
Industrial Magistrates Court in which the order was madea
certificate in the approved form stating—(a)the
amount payable; and(b)the persons by and to whom the amount
is payable.(3)The certificate must be signed
by—(a)the industrial magistrate; or(b)the clerk of the court.(4)On the filing of the certificate in
the Magistrates Court to theextent of the
amount of damages, the certificate is enforceableas
an order of the Magistrates Court.Division 2Costs and expenses100Costs
and expensesAn industrial magistrate may allow costs and
expenses for aproceeding for a claim under rule 90 under
the scale of feesforMagistratesCourtsundertheUniformCivilProcedureRules
1999as if the proceeding were in a Magistrates
Court.Part 4Lawyers, agents
and otherrepresentatives101Representation in proceedingsUnlesstheActortheserulesprovideotherwise,anactrequiredorpermittedtobedonebyapartyorpersoninaproceedingbeforethecourt,commission,industrialmagistrate or
registrar may be done by—(a)the party or
person; orReprint 4A effective 1 July 2011Page
55
Industrial Relations (Tribunals) Rules
2000Part 4 Lawyers, agents and other
representatives[r 102](b)the
party’s or person’s lawyer or agent; or(c)ifthepartyorpersonisanorganisationorassociation—an officer or member of the
organisation orassociation.102Notice of appointment of agent(1)An agent may be appointed under
section 319(1)(a) of the Actonly by—(a)filing a notice of appointment of
agent in the approvedform,signedbythepartyorpersonappointingtheagent; and(b)servingacopyofthenoticeonallpartiestotheproceeding.(2)Subrule(1)(a)appliesonlyifthenoticehasnotalreadyaccompanied a document that has been
filed.Editor’s note—For
the requirement for a notice to accompany a document for filing,
seerule 12 (General requirements for documents
for filing).(3)On filing, the address for service in
the notice is the party’s orpersons’s
address for service.103Withdrawal of appointment as lawyer or
agentA party or person who has appointed a lawyer
or agent maywithdraw the appointment by filing a notice
in the approvedform in the registry and serving a copy of
the notice on allother parties to the proceeding.104Lawyer’s notice of address for
service(1)Unlessanaddressforservicehasalreadybeenfiledandservedinanotherway,alawyerappointedundersection319(2)oftheActmust,assoonaspracticableafterbeingPage 56Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 4 Lawyers, agents and other
representatives[r 105]appointed, file
and serve on each other party to the proceedinga notice of
address for service.(2)The notice must
be in the approved form.105Change of lawyer
or agent(1)This rule applies if a party or person
changes the party’s orperson’s lawyer or agent.(2)Thenewlyappointedlawyeroragentmust,assoonaspracticableafterappointment,fileandserveonallotherparties to the
proceedings and the person’s former lawyer oragent a notice
of change of lawyer or agent.(3)The
notice must be in the approved form.(4)On
filing, the address for service in the notice is the party’s
orperson’s address for service.106Making or signing documents for
organisation orassociationIfadocumentismadeorsignedbyanorganisationorassociation under these rules, the document
must be made orsignedinaccordancewiththerulesoftheorganisationorassociation.107No
representation by struck off or suspended lawyersA
party may not be represented in a proceeding by a personwhoisstruckofftherollofbarristersorsolicitorsorsuspended from practice.Reprint 4A
effective 1 July 2011Page 57
Industrial Relations (Tribunals) Rules
2000Part 5 Appeals[r 108]Part
5AppealsDivision 1General108Application of pt 5This part
applies to an appeal—(a)fromadecisionofthefullbench,commission,anindustrial magistrate or the registrar;
or(b)to the commission against a
stand-down; or(c)undertheVocationalEducation,TrainingandEmployment Act 2000,
section 230; or(d)under a safety Act provision.109Record for particular appeals(1)This rule applies to an appeal from a
decision—(a)of the commission; or(b)of the registrar; or(c)appealable under a safety Act
provision; or(d)appealableundertheVocationalEducation,Trainingand
Employment Act 2000, section 230.(2)The
record for the appeal consists of the following—(a)theapplicationtoappeal,ornoticeofappealunderasafety Act provision;(b)any of the following that is the
subject of the appeal—(i)an order;(ii)an industrial
instrument;(iii)a training
contract;(iv)a registered
training contract;(v)a completion certificate;Page
58Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 5 Appeals[r 109](vi)a qualification
or statement of attainment;(vii) a
declaration, variation of a declaration or refusalto
vary a declaration of a prohibited employer;(viii) awrittenrefusalbythecounciltoapprovethetemporary stand down of an apprentice or
traineefrom his or her apprenticeship or
traineeship;(c)anoticetoshowcauseunderrule120B(2)or201(2)relatingtotheproceedinginwhichthedecisionwasmade;(d)a
notice to show cause under section 233(7) of the Actrelating to the decision;(e)a notice to show cause under
theVocational Education,Training and
Employment Regulation 2000, section 25relating to the
decision;(f)any written representations made in
response to a noticeto show cause mentioned in paragraph
(c) to (e);(g)an information notice for the decision
given under theVocationalEducation,TrainingandEmploymentAct2000, section
230(3);(h)the decision, including the reasons
for the decision;(i)any published reasons for the
decision;(j)anindustrialinstrumentorstatementofprinciplementioned in the
decision, including reasons;(k)if
the decision was made in a proceeding—(i)a
transcript or notes of oral evidence made in theproceeding; and(ii)anylistofexhibits,andeachexhibit,intheproceeding;
and(iii)anaffidavitorstatementofevidenceintheproceeding.Reprint 4A
effective 1 July 2011Page 59
Industrial Relations (Tribunals) Rules
2000Part 5 Appeals[r 110](3)Thecourtorcommissionmaydirectthattherecordbesupplemented by other material.(4)Any party to the appeal may seek a
direction under subrule(3).110Application for stay of decision under
appeal(1)In this rule—stay of a
decision under appealmeans any of the following—(a)an order that a decision be stayed
under section 347 ofthe Act;(b)an
order that a decision be stayed under theVocationalEducation,
Training and Employment Act 2000, section231;(c)a
stay of a decision under theElectrical
Safety Act 2002,section 171 or 174;(d)astayofadecisionundertheWorkplaceHealthandSafety Act 1995, section 151 or
154.(2)An application
for a stay of a decision under appeal must—(a)be
in the approved form; and(b)include—(i)details of the interest of the
applicant; and(ii)anyotherfactsandcircumstancesrelevanttotheexercise of the
jurisdiction of the tribunal.(3)An
application for a stay of a decision under appeal must notform
part of—(a)an application for leave to appeal;
or(b)an application to appeal.111Service of application(1)This rule applies to—(a)an application to appeal; orPage
60Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 5 Appeals[r 112](b)an application for leave to appeal;
or(c)an application for a stay of a
decision under appeal; or(d)a notice of
appeal under a safety Act provision.(2)The
appellant must, within 7 days after the day the applicationor
notice is filed, serve the application or notice on—(a)all respondents to the appeal;
and(b)anyone else the appeal tribunal may
direct.(3)Theappellantmustfileanaffidavitofserviceoftheapplication or notice within 7 days
after the day of service.(4)If the council
is a respondent to the appeal, it is enough forsubrule(2)iftheappellantservestheapplicationonthecouncil.112Service of application if respondent is the
council(1)This rule applies if—(a)the council is a respondent to an
appeal under section230oftheVocationalEducation,TrainingandEmployment Act 2000;
and(b)the council is served with an
application to appeal.(2)The council must
serve a copy of the following documents ontheappellantandanyotherpersonwhomaybedirectlyaffected by the
relief sought in the appeal—(a)a
document mentioned in rule 109(2)(b), (e), (g), or (h);(b)written representations made in
response to a notice toshowcauseundertheVocationalEducation,Trainingand
Employment Regulation 2000, section 25 relating tothe
decision being appealed.(3)Thecouncilmustpromptlysendtheoriginalsofthedocumentstotheregistrarwithanoticestatingthenames,addresses and
contact phone and fax numbers, if any, of thepersons served
under subrule (2).Reprint 4A effective 1 July 2011Page
61
Industrial Relations (Tribunals) Rules
2000Part 5 Appeals[r 113]113Failure to prosecute appealIf
the appellant fails to comply with any of the following, thecourtorcommissionmay,atorbeforethehearingoftheappeal,onitsowninitiativeoronapplicationbytherespondent, dismiss the appeal for
want of prosecution—(a)any step
required under the Act or these rules; or(b)anydirectionororder,includingadirectionororderabout filing or
serving a written outline of submissionsor
argument.Division 2Appeal to court,
full bench orcommission114Application to appeal other than from
industrialmagistrateAn application
starting an appeal to the court, full bench orcommission
(anapplication to appeal), other than an
appealfrom a decision of an industrial magistrate,
must—(a)be filed; and(b)statethenameandlastknownaddressofeachrespondent or
other party; and(c)state whether the appeal is from all
or part (and whichpart) of the decision appealed from;
and(d)state concise grounds of the appeal;
and(e)statethedecisiontheappellantwantsinsteadofthedecision appealed from; and(f)if the appeal is from a decision of
the full bench—statewhether the president was a member of
the full bench.Editor’s notes—1See rule 3A (What a reference to
application or applicant includes)and rule 7
(Starting proceedings) for a notice of appeal starting anappeal under a safety Act provision.Page
62Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 5 Appeals[r 115]2See rule 7(1) for the required form of
an application starting anappeal.115Application for leave to appeal to full
bench(1)An application for leave of the full
bench to appeal to the fullbench must be in
the approved form.(2)Anapplicationundersection 342(1)or(2)oftheActmuststate—(a)the name and last known address of
each respondent orother party; and(b)the
grounds of the appeal; and(c)the facts and
circumstances relied on to argue that thematter is of
such importance that an appeal should bebrought in the
public interest.(3)For section 342(1) of the Act, the
grounds of appeal must notinclude an error of law or excess, or
want, of jurisdiction.116Application
refusedIf the full bench refuses to grant leave to
appeal—(a)the appeal is taken to have been
struck out; and(b)a further application for leave to
appeal, or appeal, cannotbefiledforthesubjectmatterofthestruckoutappeal.117Response(1)A
respondent opposing the granting of the full bench’s leavetoappealmustfilewiththeregistrararesponseintheapproved form stating—(a)the grounds relied on; and(b)the facts supporting the
grounds.Reprint 4A effective 1 July 2011Page
63
Industrial Relations (Tribunals) Rules
2000Part 5 Appeals[r 118](2)Theresponsemustbeservedonallotherpartieswithin21days
after the day of service of the application or the furthertime
the full bench may allow.118Application to
appeal to full bench from registrar(1)An
application to appeal under section 342(6) or (7) of the Actmust
state—(a)the name and last known address of
each respondent orother party; and(b)the
grounds of the appeal; and(c)that the appeal
is not in relation to a decision mentionedin section
287(9) of the Act; and(d)that the appeal
is not in relation to a decision mentionedin section 695
of the Act.(2)Thegroundsofappealmustnotincludeanerroroflaworexcess, or want,
of jurisdiction.(3)Subrule (1)(c) does not apply if the
appeal is made to the fullbenchasconstitutedwhenageneralrulingundersection287(9) of the Act was made.119Application to appeal from industrial
magistrateAnapplicationtoappealfromadecisionofanindustrialmagistrate
must—(a)be filed in the Magistrates Court at
the place where thedecision was made; and(b)state the grounds of the appeal.Editor’s note—See
rule 7(1) for the required form of an application to appeal.Page
64Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 5 Appeals[r 120]120Industrial magistrate may order
appellant’s release fromcustody(1)This
rule applies to an appellant to an appeal from a decisionof
an industrial magistrate.(2)If the appellant
is in custody only in relation to the subjectmatter of the
proceeding in which the decision was made, anindustrialmagistratemayordertheappellant’sreleasefromcustody.120AForm of arrest warrantAwarrantundersection341(4)oftheActmustbeintheapproved
form.120BStriking out application to appeal by
released appellantafter at least 2 months delay(1)This rule applies if—(a)an application to appeal from a
decision of an industrialmagistrate has been filed; and(b)the appellant has been released from
custody under rule120; and(c)no
action has been taken for at least 2 months since thelater of the following—(i)the
registrar’s receipt of the application;(ii)the
last action was taken in the application.(2)The
registrar may, by written notice, require the appellant toshow
cause in writing, within 21 days after the day the noticeis
given, why the application should not be struck out.(3)The notice must state a warning that
if the appellant does notshowcausewithinthetimestatedinthenotice,theapplication may be struck out.(4)The appellant’s response to the notice
to show cause must—(a)statethestepstakenintheproceedinginwhichthedecision appealed from was made; andReprint 4A effective 1 July 2011Page
65
Industrial Relations (Tribunals) Rules
2000Part 5 Appeals[r 120B](b)explain the circumstances of the
delay; and(c)statethesteps(includingatimetable)proposedtobetaken to
progress the proceeding; and(d)state any prejudice suffered or likely to be
suffered byanother party to the proceeding if the
proceeding is notstruck out; and(e)state the merits of the proceeding;
and(f)state why the registrar or court
should not strike out theapplication despite the delay.(5)After considering any response by the
appellant to the noticeto show cause, the registrar may do 1
of the following—(a)strike out the application;(b)list the matter of showing cause for
hearing before thecourt, with or without directions;(c)listtheapplicationforhearing,withorwithoutdirections;(d)makeanotherorderdealingwiththeapplicationtheregistrar considers appropriate.(6)On a hearing of the matter of showing
cause, the court may do1 of the following—(a)strike out the application;(b)listtheapplicationforhearing,withorwithoutdirections;(c)makeanotherorderdealingwiththeapplicationthecourt considers appropriate.(7)Thestrikingoutbythecourtorregistraroftheapplicationalso disposes of
any other application in the proceeding thathas not been
disposed of, other than in relation to costs.(8)Iftheapplicationisstruckout,theregistrarmustgivetheparties written notice that the court or
registrar has struck outthe application.Page 66Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 6 General conditions of
employment[r 121]121Clerk
of court to send documents to registrarOn the filing of
an appeal in a Magistrates Court, the clerk ofthe court must
promptly send the originals of the followingdocuments to the
registrar of the industrial registry—(a)the
application to appeal;(b)the application
for a claim or complaint;(c)the
depositions;(d)the exhibits, if practicable;(e)therecordsoftheproceeding,includinganyotherproceeding,
before the industrial magistrate;(f)the
industrial magistrate’s decision.Part 6General conditions ofemployment121AApplication for order for payment
instead of long serviceleaveAn application
under section 53(3) of the Act must—(a)be
in the approved form; and(b)state the
grounds on which the application is made.121BApplication for order for payment of
proportionatepayment for long service leave(1)This rule applies to an application
under section 278 of theActforanorderforpaymentofthatpartofanemployee’sunpaidwagesthatareforlongserviceleavepayableundersection 43(3) of the Act.(2)The application must—Reprint 4A effective 1 July 2011Page
67
Industrial Relations (Tribunals) Rules
2000Part 7 Dismissals[r 122](a)be in the approved form; and(b)state the grounds on which the
application is made.122Application for order ensuring equal
remuneration forwork of equal or comparable value(1)An application for an order under
chapter 2, part 5 of the Actmust be in the
non-chapter 12 approved form.(2)Iftheapplicationismadebyanorganisationwhoserulesentitle it to
represent the industrial interests of employees tobecoveredbytheorder,anaffidavitcontainedinoraccompanyingtheapplicationmuststatethenameoftheorganisation.Part 7Dismissals123Application for reinstatement(1)Anapplicationforreinstatementundersection74(2)oftheAct must be
filed in the approved form.(2)The
applicant must—(a)serve a copy of the application on the
employer within 7days after filing the application;
and(b)file an affidavit of service in the
approved form within 7days after serving the
application.124Application for compensation
orderAn application for an order for compensation
under section83(4)(b) of the Act must be in the
non-chapter 12 approvedform.Page 68Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 7 Dismissals[r 125]125Application for order about severance
and otherseparation benefits(1)An
application for an order under section 87 of the Act mustbe
in the non-chapter 12 approved form.(2)Iftheapplicationismadebyanorganisationwhoserulesentitle it to
represent the industrial interests of an employee tobecoveredbytheorder,anaffidavitcontainedinoraccompanyingtheapplicationmuststatethenameoftheorganisation.126Application for order for contravention of
Act, s 90(1)An application for an order under
section 90 of the Act mustbe in the non-chapter 12 approved
form.(2)Iftheapplicationismadebyanorganisationwhoserulesentitle the
organisation to represent the industrial interests ofan
employee to be covered by the order, an affidavit containedin
or accompanying the application must state—(a)the
name of the organisation; and(b)thefactsitisallegedconstitutethecontraventionofsection 90 of the Act.127Application for order for contravention of
Act, s 90A(1)An application for an order under
section 90A of the Act mustbe in the
non-chapter 12 approved form.(2)Iftheapplicationismadebyanorganisationwhoserulesentitle the
organisation to represent the industrial interests ofan
employee to be covered by the order, an affidavit containedin
or accompanying the application must state—(a)the
name of the organisation; and(b)thefactsitisallegedconstitutethecontraventionofsection 90A of the Act.Reprint 4A
effective 1 July 2011Page 69
Industrial Relations (Tribunals) Rules
2000Part 8 Freedom of association[r
128]128Application for reinstatement order
for injured employeeAnapplicationundertheWorkers’CompensationandRehabilitationAct2003,section232Eforareinstatementorder must be in
the non-chapter 12 approved form.129Discontinuing application under Act, s
74(1)This rule applies to an application
under section 74 of the Act.(2)The
applicant may, at any time before the start of a hearing ofthe
application, discontinue the application by filing a noticein
the approved form.(3)The notice may be filed by fax.(4)However, the original notice must be
sent immediately to theregistry.(5)Unlesstheapplicationisdiscontinuedataconferenceheldundersection75oftheAct,theapplicantmustservethenotice on the other parties to the
proceeding immediately.(6)Ifamatterisallowedtobediscontinued,thecourt,commission or
registrar must make a note on the file to thateffect.Part
8Freedom of association130Application for exemption from
membership(1)Anapplicationforexemptionfrommembershipofanorganisationonthegroundsofaperson’sconscientiousbeliefsmustbebywayofalettertotheregistraroranindustrial magistrate.(2)The letter must state the
following—(a)applicant’s full name;(b)applicant’s private address;Page
70Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 8 Freedom of association[r
131](c)applicant’s private and business
contact phone numbers;(d)applicant’s
occupation;(e)nameandaddressofthebusinessoftheapplicant’semployer;(f)name of the employee organisation
covering the callingin which the applicant is, or is
seeking to be, employed;(g)grounds on which
the application is made;(h)whethertheapplicanthasbeenissuedwithanexemption certificate within the last 12
months.131Application for order about prohibited
conduct(1)An application for an order under
section 120 of the Act mustbe in the
non-chapter 12 approved form.(2)Theapplicationmustcontainorbeaccompaniedbyanaffidavit stating—(a)thesectionoftheActunderwhichitisallegedthatprohibited conduct has been engaged in;
and(b)the facts it is alleged constitute
engaging in prohibitedconduct, including the prohibited
reason alleged.Editor’s note—Seesection104(Meaningofengaginginconductforaprohibited reasonfor ch 4) of the
Act.(3)If the application is made by an
industrial association for anentity entitled
to apply under section 117(a) of the Act, theaffidavitmustalsostatethattheentityisamemberoriseligible to become a member of the
industrial association.Reprint 4A effective 1 July 2011Page
71
Industrial Relations (Tribunals) Rules
2000Part 9 Awards[r 131A]Part
9Awards131AApproved forms for applications—Act, s
125An application under section 125 of the Act
must be in thenon-chapter 12 approved form.131BMaking or amending awards that relate
to remunerationof employeesAnaffidavitcontainedinoraccompanyinganapplicationunder section
125 of the Act to make or amend an award thatrelatestoremunerationofemployeesmuststatethefactsrelied on to
show that the award or amendment of the awardprovidesforequalremunerationformenandwomenemployees for work of equal or comparable
value.132Exemptions(1)An
application under section 132 of the Act must be in thenon-chapter 12 approved form.(2)Anaffidavitcontainedinoraccompanyingtheapplicationmust state the
facts relied on to show that the exemption—(a)is
in the best interests of the employees and employersconcerned; and(b)is
not contrary to the public interest.Part 10Certified agreements133Advice of intention to begin negotiations
for a projectagreementWrittenadviceundersection143(2)(b)oftheActmustbefiled in the approved form before
negotiations start.Page 72Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 10 Certified agreements[r
134]134Application for certificate as to
requested representation(1)Anapplicationundersection152(1)or(2)oftheActinrelation to a proposed certified agreement
must—(a)be made before the agreement is made;
and(b)be in the approved form.(2)Anaffidavitcontainedinoraccompanyinganapplicationunder section
152(1) of the Act by an employee organisationin relation to a
proposed certified agreement must—(a)state—(i)the
name, address and membership number of eachemployeewhohasrequestedtheorganisationtorepresenttheemployeeinnegotiatingwiththeemployer about the proposed agreement;
and(ii)the date of the
request; and(iii)the calling of
each employee; and(iv)the name of the
proposed agreement; and(b)if the request
is written—attach a copy of the request.(3)An
applicant under section 152(1) of the Act must not servean
affidavit under subrule (2) on the employer.(4)Anaffidavitcontainedinoraccompanyinganapplicationunder section
152(2) of the Act by an employer in relation toan employee
organisation and a proposed certified agreementmust state the
following—(a)thenameandaddressofeachemployeewhohaswithdrawn a
request for the organisation to represent theemployeeinnegotiatingwiththeemployerabouttheproposed agreement;(b)the date of the withdrawal;(c)thenameandaddressofeachemployee(aformerrelevant
employee) who—Reprint 4A
effective 1 July 2011Page 73
Industrial Relations (Tribunals) Rules
2000Part 10 Certified agreements[r
135](i)hasrequestedtheorganisationtorepresenttheemployee in negotiating with the employer
aboutthe proposed agreement; and(ii)stoppedbeingarelevantemployeeaftertherequest;(d)howtheformerrelevantemployeestoppedbeingarelevant employee.Examples of
paragraph (d)—•The former
relevant employee has stopped being employedby the
employer.•Theformerrelevantemployeehasbeenpromotedtoaposition in which
his or her employment is not subject to theproposed
agreement.(5)A certificate under section 152(1) or
(2) of the Act must be inthe approved form.135Notice of giving of authorisation of
industrial actionAnoticeundersection177(1)(c)oftheActmustbeintheapproved
form.136Request for help to make certified
agreementFor section 148(1)(a) of the Act, a request
to the commissionfor help to make a certified agreement must
be made in theapproved form.137Request for arbitrationFor section
149(1)(c) of the Act, a request for the commissionto
determine a matter by arbitration must—(a)be
in the non-chapter 12 approved form; and(b)statethatallthenegotiatingpartiesconsiderthatconciliation has been unsuccessful;
and(c)contain a form of consent to
arbitration signed by all thenegotiating
parties.Page 74Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 10 Certified agreements[r
138]138Application for decision about
designated awardAn application under section 163(2) of the
Act in relation to aproposed certified agreement
must—(a)be in the approved form; and(b)nominate an award (regulating
employment conditionsof employees engaged in a similar kind
of work as theperson under the proposed agreement) that
the applicantconsidersisappropriatefordecidingwhethertheagreement passes the no-disadvantage
test.139Application for certification(1)An application for certification of an
agreement must—(a)be in the approved form; and(b)be signed by or for the applicant;
and(c)beaccompaniedbytheoriginaland2copiesoftheproposed certified agreement;
andEditor’s note—For
the form of an affidavit to accompany an agreement, see theregulation,section9(Agreementforcertificationtobeaccompanied by affidavit—Act, s
156).(d)ifthereisorwasacertifiedagreementoragreementscovering some or
all of the employees to be covered bythe agreement,
state—(i)thenameandagreementnumberofthecertifiedagreement or agreements; and(ii)whetherthenewcertifiedagreementreplacestheexisting agreement or
agreements.(2)If the applicant wants a copy of the
filed agreement returned,the applicant must give an extra copy
to the registrar.140Form of agreement for
certificationAn agreement filed with an application for
certification of anagreement must—Reprint 4A
effective 1 July 2011Page 75
Industrial Relations (Tribunals) Rules
2000Part 10 Certified agreements[r
141](a)be on A4 (210mm x 297mm) paper;
and(b)be on 1 side of the page only;
and(c)be in Times New Roman font; and(d)be in 10 point font size; and(e)have only fully justified text;
and(f)have a 2cm margin on each side;
and(g)havea1.25cmwideheader,containingonlythepagenumber, in the
centre of the page; and(h)not contain a
logo or other embellishment; and(i)be
accompanied by an identical copy of the agreementon
computer disk.141Application to extend certified
agreement(1)Forsection168oftheAct,anapplicationtoextendthenominal expiry date of a certified agreement
must be in theapproved form.(2)Theapplicationmustbeaccompaniedbyanaffidavitstating—(a)the steps taken to satisfy the
commission as required bysection 168(4) of the Act; and(b)the steps taken to ensure that section
185 of the Act hasnot been contravened; and(c)thatavalidmajorityoftherelevantemployeesatthetime approve the extension.(3)The applicant must give the registrar
the original and 2 copiesof the application and affidavit for
filing.(4)If the applicant wants a copy of the
filed application returned,the applicant
must give an extra copy to the registrar.Page 76Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 10 Certified agreements[r
142]142Application to amend certified
agreement(1)An application for approval of an
amendment of a certifiedagreementundersection169oftheActmustbeintheapproved
form.(2)Theapplicationmustbeaccompaniedbyanaffidavitstating—(a)the name of the relevant or designated
award; and(b)thenominalexpirydateoftheamendedcertifiedagreement;
and(c)the steps taken to ensure—(i)the commission is satisfied as
required by section169(3)(a) of the Act; and(ii)section 185 of
the Act has not been contravened;and(d)wheretheproceduresforpreventingandsettlingdisputes can be
found in the agreement; and(e)the
names of the persons who negotiated the amendmentand
the persons for whom they acted.(3)The
applicant must give the registrar the original and 2 copiesof
the application, amendment and affidavit for filing.(4)Iftheapplicantwantsacopyofthefiledapplicationandamendment returned, the applicant must give
an extra copy tothe registrar.(5)For
an application to which section 170(2) of the Act applies,the
affidavit accompanying the application must have a copyoftherequestundersection170(1)(a)oftheActforanamendmentfrom1ormoreemployeestotheemployerattached as an
exhibit to the affidavit.143Determination
made under Act, s 149(1)Forsection150(5)oftheAct,anoticeofrevocationofadeterminationundersection149oftheActmustbeintheapproved
form.Reprint 4A effective 1 July 2011Page
77
Industrial Relations (Tribunals) Rules
2000Part 10 Certified agreements[r
144](2)Thenoticemustbeaccompaniedbyanaffidavitbytheemployer, or an organisation, bound by
the determination or arepresentativeofamajorityoftheemployeestowhomthedetermination applies stating—(a)the nominal expiry date of the
determination; and(b)the day from which the determination
is revoked; and(c)that the notice has been given to all
of the employees, orother employees to whom the
determination applies andthepersons,orotherpersons,whoareboundbythedetermination.144Notice terminating certified agreement on or
before itsnominal expiry date and application for
approval oftermination(1)Anoticeundersection172(1)oftheActmustbeintheapproved
form.(2)An application for approval under
section 172(2) of the Act oftheterminationofacertifiedagreementmustbeintheapproved
form.(3)The application must be accompanied by
an affidavit statingthatavalidmajorityoftherelevantemployeesatthetimeapprove of the
agreement’s termination.144ANotice of
intention to terminate certified agreement afterits
nominal expiry date and application to terminate(1)An application for approval under
section 173(1) of the Act oftheterminationofacertifiedagreementmustbeintheapproved
form.(2)Anoticeundersection173(2)oftheActmustbeintheapproved form.Page 78Reprint 4A effective 1 July
2011
Part
12Industrial Relations (Tribunals) Rules
2000Part 12 Industrial disputes[r
149]Industrial disputes149Notice of industrial dispute(1)Anoticeundersection229(2)oftheActmustbeintheapproved form and state—(a)the
issues involved; and(b)the name, phone
number and fax number (if any) of thecontact person
for each party to the dispute; and(c)the
industrial instruments affected; and(d)whether the party giving the notice is
requesting that thecommission hold a conference; and(e)whether any dispute settling
procedures apply and havebeen followed.(2)Immediatelyaftergivingthenotice,thepartygivingthenotice must serve a copy of the notice
on all other parties tothe dispute.(3)Rules 11 and 12 do not apply to the
notice.150Applications for order for
contravention of Act, s 238(1)An
application for an order under section 239 of the Act mustbe
in the non-chapter 12 approved form.(2)Anaffidavitcontainedinoraccompanyingtheapplicationmust state the
facts it is alleged constitute a contravention ofsection 238 of the Act.151Mediation by commission(1)Thestepsthecommissionmaytakeasmediatorinanindustrialcauseincludeconferringwiththepartiestothecause to the extent necessary—(a)to help the parties resolve the
dispute; orReprint 4A effective 1 July 2011Page
79
Industrial Relations (Tribunals) Rules
2000Part 12 Industrial disputes[r
151](b)to ensure all avenues of resolution
have been exploredbefore proceeding to arbitration; or(c)tofacilitatetheconductofanynecessaryarbitrationproceedingsbyexploringwaysofeffectivelyconducting
hearings; or(d)to help the parties resolve any other
outstanding issues.(2)Thecommissionmayresolveotheroutstandingissuesonlyif—(a)the commission considers the mediation
is desirable inthe public interest; and(b)all
parties to the cause—(i)consent;
and(ii)agree on the
specific issues to be dealt with in theconsultation
process; and(iii)agreetoacceptanyresolutionachievedbytheprocess,
including consenting to any formal orders.(3)Thecommissionmaydirectarecordbetakenofthemediation.(4)Theconsentofapartytothecommissionresolvingotheroutstanding
issues can not be withdrawn other than with theleave of the
commission.(5)The outcome of the mediation—(a)may be incorporated in the record or
issued separately inwriting; and(b)may
be given effect by—(i)an order of the commission; or(ii)anotherwaythecommissionconsidersappropriate.(6)The
commission may stop acting under this rule at any time.(7)This rule does not limit the
jurisdiction of, or the obligationsplaced on, the
commission by chapter 7, part 2 of the Act.Page 80Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 13 Records and wages[r 152]152Notice to show causeAnoticeundersection233(7)oftheActmustbeintheapproved
form.Part 13Records and
wages153Application for issue of an
authority(1)An application for an authority under
section 364 of the Actmust be in the approved form.(2)Only 1 copy of the application need be
filed.(3)Aseparateapplicationmustbefiledforeachpersontobeauthorised.Part 13AApplication for order forrepayment of fee received byprivate employment agent153AApplication for order for repayment of
feeAn application under section 408F(1) of the
Act must—(a)be in the approved form; and(b)state the facts it is alleged
constitute the contravention ofsection 408D(1)
or (2) of the Act.Reprint 4A effective 1 July 2011Page
81
Industrial Relations (Tribunals) Rules
2000Part 13B Application for order on
contravention of electrical safety undertaking[r 153B]Part
13BApplication for order oncontravention of
electricalsafety undertaking153BApplication for order under Electrical
Safety Act 2002,s 54(1)AnapplicationforanorderundertheElectricalSafetyAct2002,section54(2)inrelationtoanelectricalsafetyundertaking must—(a)be
in the approved form; and(b)state the facts
it is alleged constitute the contravention ofthe undertaking;
and(c)state whether the identified person
for the undertaking isbeingprosecutedfortheoffenceofcontraveningtheundertaking.(2)In
this rule—electricalsafetyundertakingseetheElectricalSafetyAct2002, schedule
2.identified person, for an
electrical safety undertaking, see theElectrical
Safety Act 2002, schedule 2.Part
13CApplication for order oncontravention of
workplacehealth and safety undertaking153CApplication for order under Workplace
Health and SafetyAct 1995, s 42I(1)An
application for an order under theWorkplace Health
andSafetyAct1995,section42I(2)inrelationtoaworkplacehealth and
safety undertaking must—Page 82Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 14 Industrial organisations[r
154](a)be in the approved form; and(b)state the facts it is alleged
constitute the contravention ofthe undertaking;
and(c)state whether the identified person
for the undertaking isbeingprosecutedfortheoffenceofcontraveningtheundertaking.(2)In
this rule—identifiedperson,foraworkplacehealthandsafetyundertaking, see
theWorkplace Health and Safety Act 1995,schedule 3.workplace health and safety
undertakingsee theWorkplaceHealth and Safety Act 1995,
schedule 3.Part 14Industrial
organisationsDivision 1Registration154Applications for registrationEach
of the following applications must be in the chapter 12approved form—(a)anapplicationforregistrationasanemployeeorganisation
under section 414(1) of the Act;(b)anapplicationforregistrationasanemployerorganisation
under section 414(1) of the Act;(c)anapplicationforregistrationasanemployerorganisationundersection414(2)oftheActbyacorporation.Reprint 4A
effective 1 July 2011Page 83
Industrial Relations (Tribunals) Rules
2000Part 14 Industrial organisations[r
155]155Notice of objection to registration
applicationForsection418oftheAct,noticeofobjectiontoanapplication for registration as an
organisation must be in theapproved
form.Editor’s note—See
also the regulation, section 28 (Notice of objection).156Answering objectionsAwrittenresponsebyanapplicanttoanobjectiontoanapplication for
registration must be filed in the approved form.Editor’s note—See
also the regulation, section 29 (Answering objections—Act, s
654).Division 2Change of
callings157Application to change callingsAn
application to change the list of callings of an
organisationunder section 427 of the Act must—(a)be in the chapter 12 approved form;
and(b)state that the existing rules of the
organisation have beencompliedwithinmakingtheapplicationandthechange; and(c)showhowthechangewasproposedandapprovedinaccordance with the organisation’s rules;
and(d)describe the nature and effect of the
change; and(e)be under the organisation’s seal or be
signed by 2 of theorganisation’s officers authorised to sign
the application;and(f)attach a copy of
a resolution passed in accordance withthe
organisation’s rules agreeing to the change.Page 84Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 14 Industrial organisations[r
158]Editor’s note—See
also the regulation, sections 19 (Applications to industrial
tribunal)and20(Applicationsforregistration,changeoflistofcallingsoramendment of name or eligibility
rules).Division 3Election
rulesSubdivision 1Ballot not to be
postal ballot158Application for approval for a ballot
not to be a postalballot(1)For
section 447(1) of the Act, an application to the registrarfor
approval for a ballot not to be a postal ballot must be in
thechapter 12 approved form.(2)The application must also—(a)containparticularsoftheproposedamendmenttotheorganisation’s
rules to provide for a secret ballot that isnot a postal
ballot; and(b)state that the proposed amendment of
the rules are notcontrary to the Act or to law; and(c)show how the amendment was proposed
and approvedin accordance with the organisation’s rules;
and(d)give details of how it is believed
taking a ballot undertheproposedruleswillbelikelytoresultinahigherparticipation by
the members in the ballot than wouldresult from a
postal ballot; and(e)give details of how it is believed
taking a ballot underthe proposed rules will give members
eligible to vote anadequate opportunity to vote without
intimidation; and(f)attach a copy of a resolution passed
in accordance withthe organisation’s rules agreeing to the
amendment.Editor’s note—See
also the regulation, section 19 (Applications to industrial
tribunal).Reprint 4A effective 1 July 2011Page
85
Industrial Relations (Tribunals) Rules
2000Part 14 Industrial organisations[r
159]159Application for cancellation of
approvalForsection450(a)oftheAct,anapplicationbyanorganisation to cancel an approval for
a ballot to decide theresult of its elections for its
officers not to be a postal ballotmust be in the
chapter 12 approved form.Subdivision 2Validity of, or
compliance with, rules160Application about
validity of, or compliance with, rulesAn application
under section 459(1) of the Act must be in thechapter 12
approved form.Subdivision 3Changing names
and otheramendments161Application for approval to amend name under
Act, s 472An application for an order under section
472 of the Act mustbe in the chapter 12 approved form.162Application for approval to amend name
under Act, s 473Anapplicationforanorderundersection473oftheActmust—(a)be
in the chapter 12 approved form; and(b)show
how the amendment was proposed and approvedin accordance
with the organisation’s rules; and(c)describe the nature and effect of the
amendment; and(d)statethatthenewnameisnotthesameasanotherorganisation’s
name or so similar to the name of anotherorganisation so
as to be likely to cause confusion; andPage 86Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 14 Industrial organisations[r
163](e)be under the organisation’s seal or be
signed by 2 of theorganisation’s officers authorised to sign
the application;and(f)attach a copy of
a resolution passed in accordance withthe
organisation’s rules agreeing to the amendment.Editor’s
note—See also the regulation, sections 19
(Applications to industrial tribunal)and20(Applicationsforregistration,changeoflistofcallingsoramendment of name or eligibility
rules).163Application to approve eligibility
rule amendment(1)Anapplicationforanorderundersection474oftheActmust—(a)be
in the chapter 12 approved form; and(b)show
how the amendment was proposed and approvedin accordance
with the organisation’s rules; and(c)describe the nature and effect of the
amendment; and(d)attach a copy of a resolution passed
in accordance withthe organisation’s rules agreeing to the
amendment; and(e)be under the organisation’s seal or be
signed by 2 of theorganisation’s officers authorised to sign
the application.Editor’s note—See
also the regulation, sections 19 (Applications to industrial
tribunal)and20(Applicationsforregistration,changeoflistofcallingsoramendment of name or eligibility
rules).(2)The application must have attached a
schedule divided into 3columns containing—(a)the present registered rule in column
1; and(b)an exact description of the amendment
sought detailingthewordsorparagraphstobedeletedorinsertedandincluding any consequential amendments, for
example,renumbering, in column 2; andReprint 4A effective 1 July 2011Page
87
Industrial Relations (Tribunals) Rules
2000Part 14 Industrial organisations[r
164](c)theproposednewrule,incorporatingtheamendmentdetailed in
column 2, in column 3.164Application for
approval of other amendment to rulesAn application
for the registrar’s approval under section 478of the Act
must—(a)be in the chapter 12 approved form;
and(b)state how the amendment was proposed
and approved inaccordance with the organisation’s rules;
and(c)state that the amendment does not
contravene the Act,another law or an industrial instrument;
and(d)haveattachedascheduledividedinto3columnscontaining—(i)the
present registered rule in column 1; and(ii)anexactdescriptionoftheamendmentsoughtdetailing the words or paragraphs to be
deleted orinsertedandincludinganyconsequentialamendments, for
example, renumbering, in column2; and(iii)theproposednewrule,incorporatingtheamendment detailed in column 2, in column 3;
and(e)attach a copy of a resolution passed
in accordance withthe organisation’s rules agreeing to the
amendment; and(f)be under the organisation’s seal or be
signed by 2 of theorganisation’s officers authorised to sign
the application.165Notice of objection to particular
decisions and responseto objection(1)Anoticeofobjectionundersection27(5)oftheregulationmust be in the
approved form.(2)A response under section 29 of the
regulation to an objectionmust be in the approved form.Page
88Reprint 4A effective 1 July
2011
Subdivision 4Industrial
Relations (Tribunals) Rules 2000Part 14
Industrial organisations[r 166]Election
inquiry166Application for election
inquiryAn application for an election inquiry under
chapter 12, part 8of the Act must—(a)be
in the approved form; and(b)statethattheapplicantisafinancialmemberoftheorganisationorwasafinancialmemberoftheorganisationwithin1yearbeforetheapplicationwasmade; and(c)state the date the prescribed information
for the electionwas filed under section 481 of the Act;
and(d)iftheelectionhasended—statethedatetheelectionended.Subdivision 5Officers
register167Officers registerThecopyoftheofficersregisterrequiredtobefiledundersection 547 of the Act before 31 March in
each year must—(a)be in the approved form; and(b)contain details of all officers of the
organisation and itsbranches.Editor’s
note—For the meaning ofofficersee
the Act, section 409 (Definitionsfor ch
12).Reprint 4A effective 1 July 2011Page
89
Industrial Relations (Tribunals) Rules
2000Part 14 Industrial organisations[r
168]Division 4Exemptions168Application for exemption if federal ballot
heldAn application under section 580 of the Act
for an exemptionfrom holding an election for a stated office
or offices must—(a)be in the chapter 12 approved form;
and(b)be accompanied by a copy of any report
or certificaterequiredundertheCommonwealthActfortheapplicant’s
counterpart federal body’s election that theapplicationisabout,certifiedbythepresidentorsecretary of the body as being a true
copy.Editor’s note—See
also the regulation, section 22 (Application for exemption
underAct, s 580).169Application for exemption from keeping
members orofficers registerAn application
under section 582 of the Act for an exemptionfrom keeping a
register must be in the chapter 12 approvedform.170Application for exemption from
accounting or auditprovisions(1)An
application under section 586 of the Act for an exemptionmust—(a)be
in the chapter 12 approved form; and(b)beaccompaniedbyacopyofthemostrecentreport,accounts,
statements and other documents lodged, underthecontinuedsection280oftheCommonwealthAct,for
the applicant’s counterpart federal body, certified bythepresidentorsecretaryofthecounterpartfederalbody
as being a true copy; and(c)be accompanied
by a copy of a letter from the registry oftheAustralianCommissiontotheapplicant’sPage 90Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 14 Industrial organisations[r
171]counterpart federal body acknowledging the
filing of thedocuments in the registry of the Australian
Commission;and(d)state that the
applicant’s counterpart federal body is nota body for which
a certificate has been issued under thecontinued
section 285 of the Commonwealth Act.(2)In
this rule—continued section 280 of the Commonwealth
Actmeans theCommonwealthAct,section280ascontinuedbythetransitional provision.continued section 285 of the Commonwealth
Actmeans theCommonwealthAct,section285ascontinuedbythetransitional provision.transitionalprovisionmeanstheWorkplaceRelationsLegislationAmendment(RegistrationandAccountabilityofOrganisations) (Consequential Provisions)
Act 2002(Cwlth)schedule 1,
section 47.171Application for exemption from
accounting or auditobligations for an employer organisation
that is acorporation(1)An
application under section 590 of the Act for an exemptionmust—(a)be
in the chapter 12 approved form; and(b)be
accompanied by a copy of the most recent financialreport, director’s report and auditor’s
report lodged bythe applicant under the Corporations Act or
another lawthatimposesaccountingandauditobligationsontheorganisation.(2)Eachcopymustbecertifiedbytheapplicant’spresidentorsecretary as a true copy of themostrecentfinancialreport,director’sreportorauditor’sreportlodgedbytheapplicantunder the
Corporations Act or another stated law.Reprint 4A
effective 1 July 2011Page 91
Industrial Relations (Tribunals) Rules
2000Part 14 Industrial organisations[r
172]172Application for exemption from
requirement that electoralcommission conduct electionAn
application under section 594 of the Act for an exemptionmust
be in the chapter 12 approved form.Division 5AmalgamationsSubdivision
1Procedures for amalgamation173Application to submit proposed
amalgamation to a ballotAn application to submit a proposed
amalgamation to a ballotmust be in the chapter 12 approved
form.Editor’s note—Seealsothe regulation,
section64(Applicationtosubmit proposedamalgamation to a
ballot).174Notice of objection about
amalgamations involvingextending eligibility rulesA
notice of objection to an application under the regulation,section 64 must be in the approved
form.Editor’s note—See
also the regulation, sections 76 (Objections about
amalgamationsinvolving extending eligibility rules) and
79 (Notice of objection).175Application to
submit proposed withdrawal to a ballotAnapplicationtosubmitaproposedwithdrawaltoaballotmust be in the
chapter 12 approved form.Editor’s note—Seealsothe regulation,
section65(Applicationtosubmit proposedwithdrawal to a
ballot).Page 92Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 14 Industrial organisations[r
176]176Application for exemption—number of
membersAn application by a proposed amalgamated
organisation foranexemptionfromtherequirementtoholdaballotfortheamalgamation must be in the chapter 12
approved form.Editor’s note—Seealsotheregulation,section66(Amalgamationballotexemption—number of members).177Application for amalgamation
ballotexemption—recognising federal ballotAn
application for an exemption from the requirement to holda
ballot if the counterpart federal bodies of the
organisationsproposingtoamalgamatehaveamalgamatedmustbeinthechapter 12 approved form.Editor’s note—Seealsotheregulation,section67(Amalgamationballotexemption—recognising federal
ballot).178Notice of objection to amalgamation
ballotexemption—recognising federal ballotAnoticeofobjectiontoanamalgamationballotexemptionunder the
regulation, section 67 must be in the approved form.Editor’s note—See
also the regulation, sections 77 (Objection to amalgamation
ballotexemption—recognising federal ballot) and 79
(Notice of objection).179Application for
an exemption from holding a withdrawalballot—recognising federal ballotAn
application for an exemption from the requirement to holda
withdrawal ballot must be in the chapter 12 approved form.Editor’s note—Seealsotheregulation,section68(Withdrawalballotexemption—recognising federal
ballot).Reprint 4A effective 1 July 2011Page
93
Industrial Relations (Tribunals) Rules
2000Part 14 Industrial organisations[r
180]180Notice of objection to withdrawal
ballotexemption—recognising federal ballotA
notice of objection to an application for a withdrawal
ballotexemptionundertheregulation,section68mustbeintheapproved
form.Editor’s note—Seealsotheregulation,sections78(Objectiontowithdrawalballotexemption—recognising federal ballot) and 79
(Notice of objection).181Answering
objectionsAstatementinanswertoanoticeofobjectionundertheregulation, section 79 must be in the
approved form.Editor’s note—See
also the regulation, section 80 (Answering objection).182Application for approval for
amalgamation ballot that isnot a postal ballotAn
application for approval for an amalgamation ballot that isnot
a postal ballot must be in the approved form.Editor’s
note—See also the regulation, section 69
(Application for alternative ballot).183Application for approval for withdrawal
fromamalgamation ballot that is not a postal
ballotAn application for approval for a withdrawal
ballot that is nota postal ballot must be in the approved
form.184Notice of withdrawalAnoticeofwithdrawalfiledundertheregulation,section56(1), 64(1), 65(1), 66(1), 67(2), 68(2) or
69 must be in theapproved form.Page 94Reprint 4A effective 1 July
2011
Subdivision 2Industrial
Relations (Tribunals) Rules 2000Part 14
Industrial organisations[r 185]Form of ballot
papers185Form of ballot paper for amalgamation
if alternativeschemeA ballot paper
for a ballot on a proposed amalgamation forwhich there is
an alternative scheme must be in the approvedform.186Form of ballot paper for amalgamation
if no alternativeschemeA ballot paper
for a ballot on a proposed amalgamation forwhich there is
no alternative scheme must be in the approvedform.187Form of ballot paper for withdrawal
from amalgamationA ballot paper for a ballot on a proposed
withdrawal must bein the approved form.Subdivision
3Amalgamation or withdrawal ballotirregularities188Application for a ballot inquiryAn
application for a ballot inquiry for a claimed irregularity
inan amalgamation or withdrawal ballot must be
in the approvedform.Editor’s
note—See also the regulation, section 125
(Requirements for application).Reprint 4A
effective 1 July 2011Page 95
Industrial Relations (Tribunals) Rules
2000Part 15 Industrial agreements[r
189]Division 6Deregistration189Application for deregistrationAnapplicationundersection639(1)or(4)oftheActforderegistrationofanorganisationmustbeinthechapter12approved form.Division 7Statistical information190Statistical information(1)Thecourt,commissionorregistrarmayrequireanorganisation to file returns of statistical
information or otherstatistical information with the
registrar.(2)Therequirementmaybemadeinthewaythecourt,commission or
registrar considers appropriate.(3)Thereturnsorotherstatisticalinformationmustbefiledwithin 30 days
of the requirement.Part 15Industrial
agreements191Notice of intention to retire from
agreement(1)Anotice,undersection142ofthe1990Act,signifyinganintention to retire from an industrial
agreement must—(a)be in the approved form; and(b)be filed; and(c)specifytheperiod,atleast30daysfromthedateoffiling, at the end of which the party
intends to retire.Page 96Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 16 Fees[r 192]Editor’s note—RepealedIndustrialRelationsAct1990,section142(Retirementofparties from agreement). For the saving
provision see theIndustrialRelations Act
1999, section 713(2).(2)A
copy of the notice must be forwarded, by any method ofserviceallowedundertheserules,toeachoftheoriginalparties and any
later parties to the agreement, directed to theirusual or last known address.Part
16Fees192Fees in the
court, commission or registryThe fees payable
in the court, commission or registry are inschedule
1.193Fees in Industrial Magistrates
CourtThe fee for any of the following in an
Industrial MagistratesCourt is the fee, if any, that is
payable for a similar processunder theJustices Act 1886—(a)acomplaint,claimunderrule90,summonsorotherprocess under
theJustices Act 1886;(b)a proceeding for—(i)anoffenceagainstthePastoralWorkers’Accommodation Act 1980; or(ii)anoffenceagainsttheWorkers’AccommodationAct 1952;
or(iii)anoffenceagainsttheWorkplaceHealthandSafety Act 1995.Reprint 4A effective 1 July 2011Page
97
Industrial Relations (Tribunals) Rules
2000Part 17 Miscellaneous[r 194]Part
17Miscellaneous194Effect of failure to comply with
rules(1)A failure to comply with these rules
is an irregularity and doesnot render a
proceeding, a document, step taken or order madein a
proceeding, a nullity.(2)Iftherehasbeenafailuretocomplywiththeserules,thecourt, commission, registrar or an
industrial magistrate may—(a)set aside all or
part of the proceeding; or(b)set aside a step
taken in the proceeding or order made inthe proceeding;
or(c)declare a document or step taken to be
ineffectual; or(d)declare a document or step taken to be
effectual; or(e)makeanotherorderthatcouldbemadeundertheserules; or(f)makeanotherorderdealingwiththeproceedinggenerallyasthecourt,commission,registraroranindustrial
magistrate considers appropriate.195Form
of notices(1)A notice required or permitted under
these rules must be inwriting, unless the court, commission,
industrial magistrate orregistrar gives leave for notice to be
given orally.(2)Subrule(1)doesnotpreventthecommissiongivinganattendance notice under section 232(2)
of the Act orally.197Searching and copying documents(1)If a person is not a party to, or
bound by, a proceeding, thepersonmaynotsearchthedocumentsintheproceedingwithout the
registrar’s prior approval.(2)If
the registrar approves, a person may obtain a certified copyof a
document filed with the registrar.Page 98Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 17 Miscellaneous[r 198](3)The registrar may require at least 7
days notice to produce thecertified copy.198Student’s work permit(1)An
application for a permit under section 695 of the Act mustbe
in the approved form.(2)Only 1 copy of
the application need be filed.(3)A
student’s work permit must—(a)be
in the approved form; and(b)state any
conditions to which the permit is subject.199Aged
or infirm person’s permit(1)Each of the
following must be in the approved form—(a)an
application for a permit under section 696 of the Act;(b)a notice of hearing of the
application;(c)an aged or infirm person’s
permit.(2)Anapplicationundersection696(6)oftheActtocancelapermit must be in the non-chapter 12
approved form.200Continuation of proceeding after 6
months delay(1)This rule applies if—(a)an application starting a proceeding
has been filed; and(b)noactionhasbeentakenfor6monthssincethelastaction was taken
in the application.(2)Unless the court, commission or
registrar decides otherwise, ifa party wishes
to take action after the end of the 6 months, thepartymustfirstgiveeveryotherparty1month’snoticeofintention to take action.Reprint 4A effective 1 July 2011Page
99
Industrial Relations (Tribunals) Rules
2000Part 17 Miscellaneous[r 200A]200ALapse of proceeding after at least 1
year’s delay(1)This rule applies if—(a)an application starting a proceeding
has been filed; and(b)no action has been taken for at least
1 year since the lastaction was taken in the
application.(2)A party may only take further action
in the application with anorder of the court, commission or
registrar.(3)An application for an order under
subrule (2) must—(a)be in the approved form; and(b)state the steps taken in the
proceeding; and(c)explain the circumstances of the
delay; and(d)statethesteps(includingatimetable)proposedtobetaken to
progress the proceeding; and(e)state any prejudice suffered or likely to be
suffered byanother party to the proceeding if the
application is notstruck out; and(f)state the merits of the proceeding;
and(g)statewhythecourt,commissionorregistrarshouldmake
the order despite the delay.201Striking out proceeding after at least 1
year’s delay(1)This rule applies if—(a)an application starting a proceeding
has been filed; and(b)no action has been taken for at least
1 year since the lastaction was taken in the
application.(2)The registrar may, by written notice,
require the applicant toshow cause in writing, within 21 days
after the day the noticeis given, why the application should
not be struck out.(3)The notice must state a warning that
if the applicant does notshowcausewithinthetimestatedinthenotice,theapplication may be struck out.Page
100Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000Part 17 Miscellaneous[r 201](4)The applicant’s response to the notice
to show cause must—(a)state the steps taken in the
proceeding; and(b)explain the circumstances of the
delay; and(c)statethesteps(includingatimetable)proposedtobetaken to
progress the proceeding; and(d)state any prejudice suffered or likely to be
suffered byanother party to the proceeding if the
application is notstruck out; and(e)state the merits of the proceeding;
and(f)state why the court, commission or
registrar should notstrike out the application despite the
delay.(5)After considering any response by the
applicant to the noticeto show cause, the registrar may do 1
of the following—(a)strike out the application;(b)listthematterofshowingcauseforhearing,withorwithout directions, before—(i)if the application is to be decided by
the court—thecourt; or(ii)iftheapplicationistobedecidedbythecommission—the
commission; or(iii)iftheapplicationistobedecidedbytheregistrar—the
registrar;(c)listtheapplicationforhearing,withorwithoutdirections;(d)makeanotherorderdealingwiththeapplicationtheregistrar considers appropriate.(6)Onahearingofthematterofshowingcausethecourt,commission or
registrar may do 1 of the following—(a)strike out the application;(b)listtheapplicationforhearing,withorwithoutdirections;Reprint 4A
effective 1 July 2011Page 101
Industrial Relations (Tribunals) Rules
2000Part 18 Transitional[r 201A](c)makeanotherorderdealingwiththeapplicationthecourt, commission or registrar considers
appropriate.(7)The striking out by the court,
commission or registrar of theapplicationalsodisposesofanyotherapplicationintheproceedingthathasnotbeendisposedof,otherthaninrelation to costs.(8)Iftheapplicationisstruckout,theregistrarmustgivetheparties written notice that the court,
commission or registrarhas struck out the application.201AVacations and holidays(1)The vacations and holidays of the
court and commission arethesameastheSupremeCourtatBrisbanebutmayberearranged by
approval of the president.(2)However,thecourtorcommissionmaydealwithbusinessarising during a
vacation, if the court or commission considersit
necessary.Part 18Transitional202Continuance of proceedings and
appointments(1)AproceedingorappointmentundertheActcommencedormade before the commencement of these
rules continues.(2)Actionmaybetakeninrelationtotheproceedingorappointment as if they were commenced under
these rules.(3)In this rule—appointmentmeans an
appointment of an agent.Page 102Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000Part 18 Transitional[r 203]203Transitional provision for Industrial
Relations (Tribunals)Amendment Rule (No. 2) 2003(1)For an appeal mentioned in the old
rule 109 started before thecommencement of
this rule, the record for the appeal underthe old rule 109
is taken to be the record for the appeal underrule 109.(2)An application for an order under the
old rule 201(2) that hasnot been decided before the
commencement of this rule mustbe decided as if
the old rule 201(2) and (3) were still in force.(3)Subrule (4) applies if the registrar
has required an applicant toshow cause under
the old rule 201(4) and no action has beentaken under the
old rule 201(7) for the application.(4)The
requirement continues and must be dealt with as if the oldrule
201(6) to (8) were still in force.(5)In
this rule—old rule 109means rule 109
as in force immediately beforethe commencement
of this rule.old rule 201means rule 201
as in force immediately beforethe commencement
of this rule.Reprint 4A effective 1 July 2011Page
103
Industrial Relations (Tribunals) Rules
2000Schedule 1Schedule 1Fees
in the court, commissionor registryrule 192$1Filing—(a)anapplicationmadebyanemployee,undersection74
of the Act, for reinstatement . . . . . . . . . . . . . . . . .
.47.00(b)anapplicationmadebyapartyorinspector,undersection276oftheAct,toamendordeclarevoidacontract or part of a contract . . . .
. . . . . . . . . . . . . . . .47.00(c)an application for directions, as
mentioned in section339 of the Act, relating to an
application mentioned inparagraph (a) or (b) . . . . . . . . .
. . . . . . . . . . . . . . . . . .16.502Searching for, or inspecting, a filed
document. . . . . . . . . .4.603Photocopying a filed document, for
each page . . . . . . . . . .0.50Page
104Reprint 4A effective 1 July
2011
Schedule 2Industrial
Relations (Tribunals) Rules 2000Schedule 2Dictionaryrule 3application to appealsee rule
114.associationincludes an
organisation that is not an employeeor employer
organisation.chapter12approvedformmeansaformapprovedundersection 708 of
the Act for use for applications under chapter12 of the
Act.commissionincludes the
full bench.councilmeanstheTrainingandEmploymentRecognitionCouncil
established under theVocational Education, Trainingand
Employment Act 2000, section 167.filedmeans—(a)foranapplicationtoappealfromadecisionofanindustrial magistrate—filed under rule
119; or(b)otherwise—filed with the
registrar.leave to appealmeans leave
under section 342 of the Act.non-chapter 12
approved formmeans a form approved undersection708oftheActforuseforapplicationsotherthanunder chapter 12
of the Act.regulationmeans theIndustrial Relations Regulation 2000.safety Act provisionmeans—(a)theElectrical Safety Act 2002,
section 172 or 173; or(b)theWorkplace Health and Safety Act 1995,
section 152or 153.stay of a
decision under appealsee rule 110(1).Reprint 4A
effective 1 July 2011Page 105
Industrial Relations (Tribunals) Rules
2000Endnotes3KeyKey to abbreviations in list of
legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order
in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered4Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1BAmendments tonone2001
SL No. 2962001 SL No. 296Effective1
January 20011 January 20021 May 2002Reprint date19 January
200111 January 20023 May 2002ReprintNo.1C1D1E1F22A2B2CAmendments
included2002 SL No. 1752003 SL No.
1512003 SL No. 3202003 Act No.
632004 SL No. 882005 SL No.
1262006 SL No. 1302007 SL No.
104Effective1 July
200227 June 20038 December
20031 January 20041 July
20041 July 20051 July
20061 July 2007NotesReprint 4A effective 1 July 2011Page
107
Industrial Relations (Tribunals) Rules
2000EndnotesReprintNo.2D33A3B3C3D3E44AAmendments included2008
SL No. 155—2009 SL No. 1022009 Act No.
382010 SL No. 1072010 Act No.
422011 Act No. 4—2011
SL No. 108Effective1 July
20081 July 20081 July
200926 October 20091 July
201014 October 20104 April
20114 April 20111July 2011NotesR2D withdrawn,
see R3R3E withdrawn, see R45Tables in earlier reprintsName
of tableCorrected minor errorsReprint
No.16List of
legislationIndustrial Relations (Tribunals) Rules 2000
SL No. 329made by the Governor in Council on 14
December 2000notfd gaz 15 December 2000 pp 1478–83rr
1–2 commenced on date of notificationremaining
provisions commenced 1 January 2001 (see r 2)SIA pts 5, 7 do
not apply (see 1991 No. 68 s 118B)amending
legislation—Industrial Relations (Tribunals) Amendment
Rule (No. 1) 2001 SL No. 108notfd gaz 13 July
2001 pp 1041–2ss 1–2 commenced on date of
notificationremaining provisions commenced 13 July 2001
(see s 2)Industrial Relations (Tribunals) Amendment
Rule (No. 2) 2001 SL No. 296notfd gaz 21
December 2001 pp 1482–8s 6 commenced 1 May 2002 (see s
2(1))ss 4–5, 7–8 commenced 1 January 2002 (see s
2(2))remaining provisions commenced on date of
notificationIndustrial Relations (Tribunals) Amendment
Rule (No. 1) 2002 SL No. 175notfd gaz 28 June
2002 pp 876–83ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2002
(see s 2)Page 108Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000EndnotesIndustrial
Relations (Tribunals) Amendment Rule (No. 1) 2003 SL No. 151notfd
gaz 27 June 2003 pp 749–56commenced on date of
notificationTraining Reform Act 2003 No. 63 ss 1, 2(2),
60 schdate of assent 13 October 2003ss
1–2 commenced on date of assentremaining
provisions commenced 1 January 2004 (2003 SL No. 293)Industrial Relations (Tribunals) Amendment
Rule (No. 2) 2003 SL No. 320notfd gaz 5
December 2003 pp 1114–17ss 1–2 commenced on date of
notificationremaining provisions commenced 8 December
2003 (see s 2)Industrial Relations (Tribunals) Amendment
Rule (No. 1) 2004 SL No. 88notfd gaz 25 June 2004 pp
573–81ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2004
(see s 2)Industrial Relations (Tribunals) Amendment
Rule (No. 1) 2005 SL No. 126notfd gaz 24 June
2005 pp 639–45ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2005
(see s 2)Industrial Relations (Tribunals) Amendment
Rule (No. 1) 2006 SL No. 130notfd gaz 16 June
2006 pp 787–90ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2006
(see s 2)Industrial Relations (Tribunals) Amendment
Rule (No. 1) 2007 SL No. 104notfd gaz 8 June
2007 pp 759–61ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2007
(see s 2)Industrial Relations (Tribunals) Amendment
Rule (No. 1) 2008 SL No. 155notfd gaz 13 June
2008 pp 948–51ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2008
(see s 2)Industrial Relations (Tribunals) Amendment
Rule (No. 1) 2009 SL No. 102notfd gaz 19 June
2009 pp 707–11ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2009
(see s 2)Electrical Safety and Other Legislation
Amendment Act 2009 No. 38 ss 1, 2(2), pt 11date of assent 22
September 2009ss 1–2 commenced on date of assentremaining provisions commenced 26 October
2009 (2009 SL No. 233)Industrial Relations (Tribunals)
Amendment Rule (No. 1) 2010 SL No. 107notfd gaz 4 June
2010 pp 383–4ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2010
(see s 2)Reprint 4A effective 1 July 2011Page
109
Industrial Relations (Tribunals) Rules
2000EndnotesJustice and Other
Legislation Amendment Act 2010 No. 42 s 1, pt 17, s 116 schdate
of assent 14 October 2010commenced on date of assentElectrical Safety and Other Legislation
Amendment Act 2011 No. 4 s 1, pt 6date of assent 4
April 2011commenced on date of assentIndustrial Relations (Tribunals) Amendment
Rule (No. 1) 2011 SL No. 108notfd gaz 24 June
2011 pp 534–8ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2011
(see s 2)Note—An explanatory note was
prepared.7List of annotationsWhat a
reference to application or applicant includesr 3Ains
2003 SL No. 320 s 4PART 2—INDUSTRIAL TRIBUNALS AND
REGISTRYDivision 2—Procedures for industrial
tribunalsStarting proceedingsr 7amd
2003 SL No. 320 s 5Form of applicationsr 9amd
2003 SL No. 320 s 6; 2011 Act No. 4 s 59Form of affidavit
for rule 9(2)prov hdgsub 2003 SL No.
320 s 7(1)r 10amd 2003 SL No. 320 s 7(2)Document starting proceeding, or application
in existing proceeding, to state addressand phone and fax
numberprov hdgamd 2003 SL No.
320 s 8(1)r 11amd 2003 SL No. 320 s 8(2)–(3)Filing
of documentsr 13amd 2003 SL No. 320 s 9Ways
of filingr 14amd 2003 SL No. 320 s 10; 2011 Act No.
4 s 60Service of documentsr 27amd
2003 SL No. 320 s 11; 2004 SL No. 88 s 4When affidavit of
service is requiredr 34amd 2003 SL No. 320 s 12Failure to attend or to comply with
directions orderr 42sub 2003 SL No. 320 s 13Page
110Reprint 4A effective 1 July
2011
Industrial Relations (Tribunals) Rules
2000EndnotesResponse to
applicationr 43amd 2003 No. 320 s 14Attendance noticesr 54amd
2003 SL No. 320 s 15Production by non-partyr 59amd
2004 SL No. 88 s 5Discontinuance of applications other than
under Act, s 74r 64amd 2003 SL No. 320 s 16Subdivision 10—Costssdiv hdgamd
2001 SL No. 296 s 4Costsr 66sub 2001 SL No.
296 s 5amd 2009 SL No. 102 s 4Application to
declare persons to be employeesr 70amd
2003 SL No. 320 s 17Application to amend or void contractr
71amd 2003 SL No. 320 s 18Application for
injunction under Act, s 277 or Whistleblowers Protection Act 1994,
s47r 72sub 2003 SL No.
320 s 19Application to refer matter to full
benchr 76amd 2003 SL No. 320 s 20; 2010 Act No.
42 s 116 schApplication for reinstatement of training
contract cancelled by coercionr 78amd
2003 Act No. 63 s 60 schPractice notesr 80amd
2009 Act No. 38 s 44Publishing decisions etc.r 87amd
2003 SL No. 320 s 21; 2009 Act No. 38 s 45; 2011 Act No. 4 s
61Application of div 1r 90amd
2003 SL No. 320 s 22Procedure for claims before industrial
magistrater 92amd 2003 SL No. 320 s 23Summonsr 94amd
2003 SL No. 320 s 24Failure to attend or to comply with
directions orderr 96Ains 2003 SL No. 320 s 25Application of pt 5r 108amd
2003 SL No. 320 s 26; 2003 Act No. 63 s 60 schReprint 4A
effective 1 July 2011Page 111
Industrial Relations (Tribunals) Rules
2000EndnotesRecord for
particular appealsr 109sub 2003 SL No. 320 s 27amd
2003 Act No. 63 s 60 sch; 2004 SL No. 88 s 6Application for
stay of decision under appealr 110sub
2003 SL No. 320 s 27amd 2003 Act No. 63 s 60 schService of applicationr 111sub
2003 SL No. 320 s 27Service of application if respondent is the
councilr 112amd 2003 SL No. 320 s 28; 2003 Act No.
63 s 60 sch; 2004 SL No. 88 s 7Application to
appeal other than from industrial magistrater 114sub
2003 SL No. 320 s 29Responser 117amd
2003 SL No. 320 s 30Division 3—Appeals from industrial
magistratediv hdgom 2003 SL No.
320 s 31Application to appeal from industrial
magistrater 119sub 2003 SL No. 320 s 31Industrial magistrate may order appellant’s
release from custodyr 120sub 2003 SL No. 320 s 31Form
of arrest warrantr 120Ains 2003 SL No.
320 s 31Striking out application to appeal by
released appellant after at least 2 months delayr
120Bins 2003 SL No. 320 s 31Clerk of court to
send documents to registrarprov hdgsub 2003 SL No.
320 s 32(1)r 121amd 2003 SL No. 320 s 32(2)–(3)Application for order for payment instead of
long service leaver 121Ains 2003 SL No.
320 s 33Application for order for payment of
proportionate payment for long service leaver 121Bins
2003 SL No. 320 s 33Application for order ensuring equal
remuneration for work of equal or comparablevaluer
122amd 2003 SL No. 320 s 34Application for
order about severance and other separation benefitsr
125amd 2003 SL No. 320 s 35Application for
order for contravention of Act, s 90prov hdgamd
2003 SL No. 320 s 36(1)r 126amd 2003 SL No.
320 s 36(2)–(3)Page 112Reprint 4A
effective 1 July 2011
Industrial Relations (Tribunals) Rules
2000EndnotesApplication for
order for contravention of Act, s 90Aprov hdgamd
2003 SL No. 320 s 37(1)r 127amd 2003 SL No.
320 s 37(2)–(3)Application for reinstatement order for
injured employeer 128amd 2009 SL No. 102 s 5Application for order about prohibited
conductr 131amd 2003 SL No. 320 s 38Approved forms for applications—Act, s
125r 131Ains 2001 SL No.
296 s 6Making or amending awards that relate to
remuneration of employeesr 131Bins 2001 SL No.
296 s 6amd 2003 SL No. 320 s 39Exemptionsr
132amd 2003 SL No. 320 s 40Advice of
intention to begin negotiations for a project agreementr
133amd 2003 SL No. 320 s 41Application for
certificate as to requested representationr 134sub
2003 SL No. 320 s 42Application for decision about designated
awardr 138sub 2003 SL No. 320 s 43Application for certificationr
139amd 2003 SL No. 320 s 44Application to
extend certified agreementr 141amd 2003 SL No.
320 s 45Application to amend certified
agreementr 142amd 2003 SL No. 320 s 46Determination made under Act, s 149r 143
prov hdgamd 2003 SL No. 320 s 47Notice terminating
certified agreement on or before its nominal expiry date andapplication for approval of
terminationr 144sub 2003 SL No. 320 s 48Notice
of intention to terminate certified agreement after its nominal
expiry date andapplication to terminater 144Ains
2003 SL No. 320 s 48PART 11—QUEENSLAND WORKPLACE
AGREEMENTSpt hdgom 2011 Act No. 4
s 62Application for decision about designated
awardr 145sub 2003 SL No. 320 s 49om
2011 Act No. 4 s 62Reprint 4A effective 1 July 2011Page
113
Industrial Relations (Tribunals) Rules
2000EndnotesRequirements for
QWA and ancillary documentsr 146om 2011 Act No. 4
s 62Filing QWA or ancillary document by
faxr 147om 2011 Act No. 4 s 62Application for injunctionr
148om 2011 Act No. 4 s 62Notice of
industrial disputer 149amd 2003 SL No. 320 s 50Applications for order for contravention of
Act, s 238r 150amd 2003 SL No. 320 s 51PART13A—APPLICATIONFORORDERFORREPAYMENTOFFEERECEIVED BY PRIVATE EMPLOYMENT
AGENTpt 13A (r 153A)ins 2003 SL No.
320 s 52PART13B—APPLICATIONFORORDERONCONTRAVENTIONOFELECTRICAL SAFETY UNDERTAKINGpt 13B
(r 153B)ins 2003 SL No. 320 s 52PART13C—APPLICATIONFORORDERONCONTRAVENTIONOFWORKPLACE HEALTH AND SAFETY
UNDERTAKINGpt 13C (r 153C)ins 2003 SL No.
320 s 52Application about validity of, or compliance
with, rulesr 160amd 2003 SL No. 320 s 53Application for approval to amend name under
Act, s 473r 162amd 2003 SL No. 320 s 54; 2004 SL No.
88 s 8Application to approve eligibility rule
amendmentr 163amd 2004 SL No. 88 s 9Application for approval of other amendment
to rulesr 164amd 2003 SL No. 320 s 55; 2004 SL No.
88 s 10Notice of objection to particular decisions
and response to objectionr 165sub 2003 SL No.
320 s 56Application for exemption if federal ballot
heldr 168amd 2003 SL No. 320 s 57Application for exemption from keeping
members or officers registerr 169 prov
hdgamd 2003 SL No. 320 s 58Application for
exemption from accounting or audit provisionsr 170amd
2003 SL No. 320 s 59Application for exemption from accounting or
audit obligations for an employerorganisation that
is a corporationr 171amd 2003 SL No. 320 s 60Page
114Reprint 4A effective 1 July
2011
