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INDUSTRIAL RELATIONS (TRIBUNALS) RULES 2011
- Made under the Industrial Relations Act 2016
- As at 23 August 2024
- Reg 237 of 2011
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Definitions
4. What a reference to application, application to appeal or applicant includes
5. Proceedings to which rules apply
6. Purpose of rules
PART 2 - PROCEEDINGS BEFORE COURT, COMMISSION OR REGISTRAR
Division 1 - Application of pt 2
7. Application of pt 2
Division 2 - Procedures
Subdivision 1 - Starting proceedings
8. Starting proceedings
9. Who has carriage of proceeding
10. Form of applications
11. (Repealed)
12. Document starting proceeding, or application in existing proceeding, to state contact details
13. General requirements for documents for filing
13A. Signing of particular documents for filing
14. Filing of documents
15. Ways of filing
16. Document becomes a record on filing
17. Change of address for service
Subdivision 2 - Amendments
18. Amending an application before hearing
19. Form of amendments
20. Amending an application during hearing
21. Serving amended application
22. Objecting to amended application
23. Determination of amended application
Subdivision 3 - Service
24. Who is to be served
25. Time for service
26. Service not allowed on certain days
27. Service after 4p.m.
28. Service of documents
29. How personal service is performed
30. Service of directions order on party
31. Service by an officer of the court
32. Substituted service or notice of document
33. Informal service
34. Service on agent
35. Service by agreement
36. (Repealed)
37. (Repealed)
38. Identity of person served
38A. Special requirements for service by email
39. Special requirements for service by fax
40. Service outside Queensland
Subdivision 4 - Directions orders
41. Directions orders
42. Hearing of parties
43. Further directions
44. Hearing and deciding proceeding on application for directions
45. Failure to attend or to comply with directions order
46. Duty of disclosure
Subdivision 5 - Response
47. Response to applications
Subdivision 6 - Evidence and affidavits
48. Powers for evidence
49. Notice to admit facts or documents
50. Evidence on affidavit
51. Limitation of affidavit
52. Form of affidavit
53. Exhibits
54. Alterations
55. Certificate of reading or signature for person making affidavit
56. Time for filing affidavits
57. Scandalous or oppressive matter
Subdivision 7 - Attendance notices
58. Issue of attendance notices
59. Requirements for attendance notice to produce
60. Inspection of documents or things produced voluntarily or under attendance notice
60A. Objecting to inspection of documents or things produced voluntarily or under attendance notice
61. Setting aside attendance notice
62. Allowance for attendance and expenses
63. Production by non-party
64. Serving attendance notice
Subdivision 7A - Notices of non-party production
64A. Definitions for sdiv 7A
64B. Notice requiring non-party production
64C. Form and service of notice
64D. Others affected by notice
64E. Objection to production
64F. Objection stays notice
64G. Industrial tribunal’s decision about objection
64H. Production and copying of documents
64I. Reasonable expenses of production
Subdivision 8 - Hearing
65. Request for notice of hearing
66. Hearing in respondent’s absence
67. Rehearing of proceeding heard in respondent’s absence
Subdivision 9 - Discontinuing proceedings
68. Written request for discontinuance
69. Oral request for discontinuance
Subdivision 10 - Costs
70. Costs
Subdivision 11 - Recovery of amounts under orders
71. Certificate under Act, s 546
Division 3 - Commission’s functions and powers
Subdivision 1 - Applications under the Act
72. Application for declaration about industrial matter
73. Application for order declaring persons to be employees or employers
74. Application to amend or declare void contract
75. Application for injunction under Act, s 473
76. Application to recover unpaid wages and superannuation contribution etc.
77. Application for order about representation rights of employee organisations
78. Application to reopen
79. Application to refer matter to full bench
80. Application for interpretation of industrial instrument
Subdivision 1A - Applications and proceedings under Anti-Discrimination Act 1991
80A. Application for exemption or renewal of exemption—Anti-Discrimination Act 1991, s 113
80B. Application for order protecting complainant’s interests—Anti-Discrimination Act 1991, s 144
80C. Giving copy of order protecting complainant’s interests—Anti-Discrimination Act 1991, s 144
80D. Application for review of decision about complaint lapsing—Anti-Discrimination Act 1991, s 169
80E. Commission to give human rights commissioner and parties copy of reasons for decision
Subdivision 2 - Applications and notices under other Acts
81. Application for injunction—Public Interest Disclosure Act 2010
82. (Repealed)
83. Application for reinstatement order for injured worker—Workers’ Compensation and Rehabilitation Act 2003
84. Application to disqualify health and safety representative—Work Health and Safety Act 2011
85. Application to revoke WHS entry permit—Work Health and Safety Act 2011
86. Show cause notice for WHS entry permit holder—Work Health and Safety Act 2011
87. Application to deal with dispute about WHS entry permit holder’s right of entry—Work Health and Safety Act 2011
Division 4 - Registrar’s functions and powers
88. Powers
88A. Conducting secret ballot
88B. Notice of appeal to human rights commissioner—Anti-Discrimination Act 1991
89. Notice of objection to proposed declaration—Trading (Allowable Hours) Act 1990
90. Application for WHS entry permit—Work Health and Safety Act 2011
Division 5 - Practice
Subdivision 1 - Court, commission or registrar
91. Using recording devices
92. Practice directions
93. Extension or shortening of time
94. Exhibits not to be taken out
94A. Disposal of exhibits
95. Correcting errors
96. Continuance of proceedings—death of party
97. Publishing decisions etc.
Subdivision 2 - Court or commission
98. Joining proceedings
99. Commission acting on own initiative
Subdivision 3 - Registrar
100. Registrar may refer certain documents to court or commission
PART 3 - PROCEEDINGS BEFORE MAGISTRATES
Division 1 - Claims
101. Application of div 1
102. Starting a claim
102A. Amending an application before hearing
102B. Amending an application during hearing
102C. Objecting to proposed amendment of application
102D. Decision about proposed amendment of application
103. Procedure
104. Summons
105. Substituted service
106. Alternative dispute resolution process
107. Onus of proof
108. Notice to admit facts or documents
109. Enforcement of order
110. Costs and expenses
Division 2 - (Repealed)
Division 3 - Proceedings for appeals
112. Starting an appeal
Division 4 - Directions orders
113. Directions orders
114. Failure to attend or to comply with directions order
115. Duty of disclosure
Division 5 - Attendance notices
116. Issue of attendance notice
117. Requirements for attendance notice to produce
118. Inspection of document or thing produced under attendance notice
119. Setting aside attendance notice
120. Allowance for attendance and expenses
121. Production by non-party
122. Serving attendance notice
Division 6 - Miscellaneous
123. Adjournment
123AA. Joining proceedings
123AB. Form of affidavit of service
123AC. Form of amended application
PART 3A - TRANS-TASMAN PROCEEDINGS
Division 1 - Preliminary
123A. Definition for pt 3A
123B. Interpretation
123C. Application of pt 3A
Division 2 - Attendance notices
123D. Application for leave to serve attendance notice in New Zealand
123E. Application to set aside attendance notice
123F. Application for issue of certificate of noncompliance with attendance notice
123FA. Form of affidavit of service
Division 3 - Registration and enforcement of NZ judgments
123G. Notice of registration of NZ judgment
123H. Application for extension of time to give notice of registration of NZ judgment
123I. Enforcement of registered NZ judgment
123J. Application to set aside registration of NZ judgment
123K. Applications relating to a stay of enforcement of registered NZ judgment
Division 4 - Remote appearances
123L. Application for order for use of audio link or audiovisual link
PART 3B - PROCEEDINGS FOR FAIR WORK CLAIMS AND UNPAID AMOUNT CLAIMS
Division 1 - Preliminary
123M. Application of part
123N. Definition for part
Division 2 - Starting relevant claims
123O. Application for relevant claim need not be witnessed
123P. Filing application for relevant claim
123Q. Change of venue for relevant claim started in Brisbane Industrial Magistrates Court
Division 3 - Simplified procedures
123R. Parties may elect to apply simplified procedures
Division 4 - Conciliation of relevant claims
123S. Conciliation certificate
123T. Record of conciliation agreement
123U. Hearing of relevant claims not referred to or resolved at conciliation
Division 5 - Settlement conferences
123V. Definition for division
123W. Commission or Industrial Magistrates Court may require settlement conference
123X. Holding settlement conference
123Y. Failure to attend settlement conference
Division 6 - Hearing of relevant claims
123Z. Procedure for hearing of relevant claim
123ZA. Copy of order endorsing decision to be given to registry
Division 7 - Miscellaneous
123ZB. No alternative dispute resolution process for relevant claims
123ZC. Costs for particular relevant claims
123ZD. Practice directions for particular proceedings
PART 4 - LAWYERS, AGENTS AND OTHER REPRESENTATIVES
124. Representation in proceedings
125. Notice of appointment of agent
126. Lawyer’s notice of address for service
127. Withdrawal of appointment as lawyer or agent
128. Change of lawyer or particular agent
129. Making or signing documents for industrial organisation
130. No representation by removed or suspended lawyers
PART 5 - APPEALS AND WHS REVIEWS
Division 1 - General
131. What a reference to appellant includes for pt 5
132. Application of pt 5
133. Record for particular appeals and WHS reviews
134. Application for stay of decision under appeal or review
135. Service of applications
136. Service of application if respondent is the chief executive (training)
137. Failure to prosecute appeal or WHS review
Division 2 - Review by commission
138. Application for WHS review
Division 3 - Appeal to court or commission
139. Application to appeal—Act, s 557 or 562
140. Application for leave to appeal—Act, s 557 or 560
141. Application for leave to appeal refused—Act, s 557 or 560
142. Response to application for leave to appeal—Act, s 557 or 560
143. Application to appeal to full bench from registrar—Act, s 560
144. Application to appeal from magistrate—Act, s 556
145. Magistrate may order appellant’s release from custody
146. Form of arrest warrant—Act, s 558
147. Striking out application to appeal by released appellant after at least 2 months delay
148. Clerk of Magistrates Court to send documents to registrar
PART 6 - MODERN EMPLOYMENT CONDITIONS
149. Application for order for payment instead of long service leave
149A. Application for order fixing minimum wages and employment conditions for apprentices and trainees
149B. Application for order about tools
149C. Application for order for employees in labour market program
150. Application for order for payment of proportionate payment for long service leave
151. Application for order ensuring equal remuneration for work of equal or comparable value
PART 7 - DISMISSALS
152. Application for reinstatement
153. (Repealed)
154. Application for compensation order
155. Application for order about severance allowance and other separation benefits
156. Application for order for contravention of Act, s 329
157. Application for order for contravention of Act, s 330
PART 8 - (Repealed)
PART 9 - MODERN AWARDS
160. Application to make or vary modern awards
161. Application to make modern awards that relate to remuneration of employees
162. Application to revoke modern awards
166. (Repealed)
PART 10 - BARGAINING INSTRUMENTS
167. Notice in relation to project agreement or multi-employer agreement
168. Request to help parties reach agreement
169. Consent application for arbitration
170. (Repealed)
171. Application for certificate as to requested representation
172. Application for certification of agreement
172A. Application for making of bargaining award
173. Form of proposed bargaining instrument
174. Application for decision about designated award
175. Application to extend nominal expiry date of bargaining instrument
176. Application to amend bargaining instrument
177. Application to terminate certified agreement or arbitration determination on or before nominal expiry date—Act, s 227
178. Application to terminate certified agreement or arbitration determination after nominal expiry date—Act, s 228
179. Application for approval to engage in industrial action—Act, s 235
PART 11 - INDUSTRIAL DISPUTES
180. Notice of industrial dispute
181. Mediation by commission
182. Notice to show cause
183. (Repealed)
185. Application for order for contravention of Act, s 268
185A. Striking out industrial dispute
PART 12 - RECORDS AND WAGES
186. Application for issue of an authority
187. Application to revoke or suspend authorised officer’s authority
PART 13 - FEES CHARGED BY PRIVATE EMPLOYMENT AGENTS
188. Application for order for repayment of fee
PART 14 - INDUSTRIAL ORGANISATIONS
Division 1 - Registration
189. Application for registration
190. Application to change callings
191. Notice of objection
192. Answering objections
Division 2 - Election rules
193. Application for approval for ballot not to be a postal ballot
194. Application for cancellation of approval for ballot not to be a postal ballot
Division 3 - Validity of, and compliance with, rules
195. Application about organisation’s rules under Act, s 646
Division 4 - Amendment of rules
Note—
196. Application for approval to amend name under Act, s 660
197. Application for approval to amend name under Act, s 661
198. Application to approve eligibility rule amendment
199. Application for approval of other amendment to rules—Act, s 666
Division 5 - Conduct of elections
200. Filing prescribed election information
Division 6 - Election inquiries
201. Application for election inquiry
Division 7 - Registers
202. Officers register
Division 8 - Exemptions
203. Application for exemption if federal ballot held
204. Application for exemption from keeping members register or officers register
205. Application for exemption from accounting or audit obligations—Act, s 808
206. Application for exemption from accounting or audit obligations for an employer organisation that is a corporation—Act, s 820
207. Application for exemption from requirement that electoral commission conduct election
Division 9 - Amalgamations and withdrawals
Subdivision 1 - Applications about ballots and objections
208. Application to submit proposed amalgamation to a ballot
209. Application to submit proposed withdrawal to a ballot
210. Application for amalgamation ballot exemption—number of members
211. Application for amalgamation ballot exemption—recognising federal ballot
212. Application for an exemption from holding a withdrawal ballot—recognising federal ballot
213. Application for approval for alternative ballot that is not a postal ballot
214. Notice of withdrawal
215. Notice of objection for amalgamations and ballot exemptions
216. Answering objections
Subdivision 2 - Form of ballot papers—regulation, s 96
217. Form of ballot paper
Subdivision 3 - Amalgamation or withdrawal ballot irregularities
218. Application for a ballot inquiry
Division 10 - Deregistration
219. Application for deregistration
Division 11 - Statistical information
220. Statistical information
PART 15 - (Repealed)
PART 16 - GENERAL
222. Student’s work permit
223. Aged or infirm person’s permit
PART 17 - FEES
224. Fees relating to proceedings in court or commission or before registrar
225. Fees in Industrial Magistrates Court
PART 18 - MISCELLANEOUS
226. Effect of failure to comply with rules
227. Form of notices
228. Searching and copying documents
229. Continuation of proceeding after 6 months delay
230. Lapse of proceeding after at least 1 year’s delay
231. Striking out proceeding after at least 1 year’s delay
232. Vacations and holidays
PART 19 - REPEAL AND TRANSITIONAL PROVISIONS
Division 1 - Repeal
233. Repeal
Division 2 - Transitional provisions for the Industrial Relations (Tribunals) Rules 2011
234. Definition for div 2
235. Continuance of proceedings
236. Continuance of practice notes
237. Continuance of appointment of lawyer or agent
238. References to Industrial Relations (Tribunals) Rules 2000
Division 3 - Transitional provision for the Industrial Relations Legislation Amendment Regulation (No. 1) 2014
239. Transitional provision
Division 4 - Transitional provisions for Industrial Relations (Tribunals) (Reform of Act) Amendment Rule 2017
240. Continuation of r 159 for Act, s 1020
241. Existing proceedings and proceedings not started
242. Continuation of pt 3, div 1 and r 188
Division 5 - Transitional provisions for Industrial Relations (Tribunals) Amendment Rule 2021
243. Existing practice notes
244. Application of r 94A
245. Application of r 185A to industrial disputes started before commencement
Division 6 - Transitional provision for Industrial Relations and Other Legislation Amendment Regulation 2022
246. Application of r 101 to fair work claims
SCHEDULE 1
SCHEDULE 2
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