Industrial Relations Commission Regulations 2005

In this regulation —

This regulation applies if an employee refers to the Commission an industrial matter relating to a flexible working arrangement dispute between an employer and an employee under section 29(1)(k) of the Act.

The referral must be made by application that —

is in the approved form; and

is accompanied by a copy of the relevant flexible working arrangement request; and

if a written response to the flexible working arrangement request was given to the employee before the application is made — is accompanied by a copy of the response; and

identifies whether the flexible working arrangement dispute relates to —

a failure of the employer to respond to a flexible working arrangement request; or

the employer refusing the employee’s flexible working arrangement request.

Unless the Commission otherwise directs, the Registrar must, as soon as practicable after the application is made, serve a copy of the application and any accompanying documents on the employer.

An employer that is served with a copy of the application and that wants to respond to the referral must file a response in the approved form within 21 days after being served with a copy of the application.

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

Unless the Commission otherwise directs, the Registrar must, as soon as practicable after a response is filed, serve a copy of the response on the employee.