Industrial Relations Commission Regulations 2005

An application to vary an award that does not involve variation of the area of operation or the scope of the award must have attached to it a statement of particulars of the amendment or variation sought and, when the application is made during the specified term of the award, a short description of the circumstances that have arisen to cause the application.

Where the application seeks to vary the award with respect to a specified party or specified parties only, the application must contain a statement to that effect.

Where the award applies to more than one industry and the applicant seeks to vary the award in respect of a specified industry or specified industries only, the application must contain a statement to that effect.

The Registrar must serve the application on all the named parties to the award unless the Registrar requests the Commission for directions as to service of the application.

If the Registrar requests the Commission for directions as to service, the Registrar must serve the application on the persons directed to be served.

A respondent who is served with an application to vary 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 (11) the time to be endorsed on the notice is 14 days.

At any hearing by the Commission of an application for a variation of 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 time 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 to 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.