Industrial Relations Commission Regulations 2005

In addition to any other requirement imposed by the Act or these regulations, an application for an award, a new award or an interim award must clearly and concisely indicate —

the area of operation and the scope of the proposed award; and

where relevant, the names of such number of employers as is reasonably representative of those who would by common rule be bound by the proposed award.

After the application is filed, the Registrar must seek directions from the Commission as to service of the application.

The Registrar must serve a copy of the application together with its attachments on those persons directed by the Commission to be served with the application.

A respondent who is served with an application for an award and who desires to contest the claim or any provision sought by the applicant must, within the time endorsed on the notice of application or within such additional time as may be allowed under these regulations, file a response in the approved form.

A response must specifically admit or dispute, either with or without qualification, each part of the claim made by the applicant.

A response may contain a counter-proposal in which case the proposal must be set out in such detail as to clearly specify the nature of the relief proposed.

After a respondent files a response, the Registrar must serve a copy on the applicant.

The provisions of this regulation with respect to the time within which responses must be filed apply, with such modifications as are necessary, with respect to replies to counter-proposals.

Subject to subregulation (10) the time to be endorsed on the notice is 14 days.

At any hearing by the Commission of an application for an award, a party who was served with a copy of the claims or a copy of any counter-proposals and who did not file a response or a reply to the counter-proposals, as the case may be, within the times respectively allowed under these regulations may be heard with respect to those claims or counter‑proposals only by leave of the Commission and then only on such conditions as the Commission may impose.

The information to be published under section 29A(2) of the Act must be in an approved form.

The applicant in proceedings to which section 29A(2) of the Act applies must, if the Registrar so requests and in the time required by the Registrar, lodge in the office of the Registrar a draft for settlement of the notice to be published in the required manner containing the information required by the Act.

An application to which this regulation applies is not to be listed for hearing until after the expiration of 14 days from the date of publication unless the Commission otherwise directs in a particular case.