Industrial Relations Commission Regulations 2005

An application under section 29(1)(b) of the Act for an equal remuneration order must be in the approved form and have attached to it a statement that includes details of the following —

the terms of the order sought;

the employees to be covered by the order;

any industrial instrument that applies to those employees;

the nature of the work, skill and responsibility required of those employees;

any applications for an alternative remedy that have been made in relation to those employees.

After an 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 as directed by the Commission.

A respondent who is served with an application and who wants to respond to the application must file a response in the approved form within 14 days after being served with the application.

A response —

must, in summary form, specify the facts on which the respondent relies and specifically admit or dispute, either with or without qualification, each part of the application; and

may contain a counter‑proposal in which case the response must clearly specify in detail what is proposed.

As soon as practicable after a respondent files a response, the Registrar must serve a copy of the response on each other party.

If the applicant is served with a response and wants to reply to the response, the applicant must file a reply in writing within 14 days of being served with the response.

Subregulation (9) applies to a party to an application for an equal remuneration order if the party —

was served with a copy of the application or a copy of a response containing a counter‑proposal; and

did not file a response or a reply, as the case may be, within the times respectively allowed under these regulations.

At a hearing of the application, the party may be heard with respect to the application or the counter‑proposal —

only by leave of the Commission; and

on the conditions, if any, imposed by the Commission.