Queensland Consolidated Regulations

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     (Repealed)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     (Repealed)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     (Repealed)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