Western Australian Current Regulations

INDUSTRIAL RELATIONS COMMISSION REGULATIONS 2005

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Terms used

   PART 2 -- The office of the Registrar  

   4.      Lodging documents  
   5.      Lodging and filing documents electronically  
   6.      Office of Registrar opening hours  
   7.      Procedure by Registrar  
   8.      Duties of Registrar in respect of applications  
   9.      Direction to Registrar to investigate and report  
   10.     Stamp of Commission  
   11.     Seal of Commission  
   12.     Publication of information and notices

   PART 3 -- Conduct of proceedings

           Division 1 -- Notice of application, response and parties  

   13.     Applications to Commission  
   14.     Response  
   15.     General form of objection  
   16.     Withdrawal or discontinuance of application  
   17.     Application to amend  
   18.     Joinder of parties  
   19.     Intervention

           Division 2 -- Interlocutory proceedings  

   20.     Discovery, production and inspection of documents  
   21.     Order for production to Commission  
   22.     Further particulars  
   23.     Notice to admit

           Division 3 -- Service  

   24.     Service  
   25.     Electronic address for service  
   26.     Service electronically  
   27.     Substituted service

           Division 4 -- Conferences  

   29.     Orders under sections 32 and  
           30. Compulsory conference  
   31.     Memorandum following compulsory conference

           Division 5 -- Conduct of hearings  

   32.     Application for and notice of hearing  
   32A.    Proceedings may be determined on the papers  
   33.     Procedure before Commission

           Division 6 -- General  

   34.     Elimination of delays  
   35.     Electronic documents and communications  
   36.     Extension or abridgment of time  
   37.     Waiver of procedural regulations  
   38.      Non‑compliance with regulations  
   39.      Practice

   PART 4 -- Witnesses and evidence  

   40.     Application for examination of witness  
   41.     Summons to witness  
   42.     Application to set aside witness summons  
   43.     Witness statements and outlines of evidence  
   44.     Evidence or submissions by video‑link or telephone  
   45.     Disclosure of expert’s report  
   46.     Exhibits  
   47.     Declarations and affidavits

   PART 5 -- Various applications under Act  

   48.     Application for award  
   49.     Application to vary area of operation of award  
   50.     Application to vary award  
   51.     Application for joinder of party to award  
   52.     Application for interpretation of award or industrial agreement  
   53.     Bargaining for industrial agreement  
   54A.    Orders as to specified matters on which agreement has not been reached  
   54.     Enterprise order  
   55.     Application for industrial agreement  
   56.     Retirement from industrial agreement  
   57.     Variation of industrial agreement by subsequent agreement  
   58.     Application to waive notice required for production of records  
   59.     Section 66 applications and directions  
   60.     Proceedings before Full Bench for enforcement of Act  
   60AA.   Industrial matter under Public Sector Management Act 1994 s. 95 or s. 96A  
           60A. Applications for equal remuneration orders  
   61.     Unfair dismissal and contractual benefit claims by employees  
   62.     Stop bullying application  
   62A.    Stop sexual harassment application  
   62B.    Sexual harassment referral  
   62C.    Interpretation of conditions of service  
   62D.    Reclassification claim  
   62E.    Industrial matter under Public Sector Management Act 1994 s. 78 or Health Services Act 2016 s. 171  
           62F. Flexible working arrangement dispute

   PART 6 -- Agents  

   63.     Appointment of agent

   PART 6A -- Delegation to Registrars  

   64.     Delegation to Registrars  
   65.     Time limits for review of decisions of Registrars

   PART 7 -- Organisations and associations

           Division 1 -- Registration, status and coverage  

   66.     Registration of organisation  
   67.     Registration of association  
   68.     Amalgamation of organisations  
   72.     Counterpart certificates  
   73.     Order as to whom employee organisation represents  
   74.     Summons for cancellation or suspension of registration of organisation or association  
   75.     Request by organisation or association for cancellation of registration  
   76.     Application by Registrar for cancellation of registration  
   77.     Certificates of registration

           Division 2 -- Rules of organisations  

   77A.    Alteration of rules  
   77B.     Substitution of new set of rules  
   77C.     Change of name  
   77D.    Certificate of registration after certain changes

           Division 3 -- Right of entry  

   77E.    Requirements for application for right of entry permit (Act s. 49N(2))  
           77F. Form of right of entry permit  
   77G.    When Commission may impose or change conditions, suspend or revoke right of entry permit  
   77H.    Revocation of right of entry permit on application of secretary of organisation  
   77I.    Register of right of entry permits

           Division 4 -- Records and accounts  

   78.     Filing records of organisation or association  
   79.     Balance sheet etc. of organisation  
   80.     Inspection of documents  
   81.     Notification of change of address  
   82.     Return about current right of entry permit holders

   PART 8 -- Applications and appeals under PART VID Division 9 of the Act

           Division 1 -- Applications  

   83.     Establishing that proposed representative is qualified and consents to application under section 97WV or 97XM  
           84. Notice of application for approval to be given to employer

           Division 2 -- Appeals under section 97XB or 97XQ of the Act  

   85.     Appeal against refusal to give approval  
   86.     Service of appeal notice  
   87.     Person served entitled but not required to be heard  
   88.     Registrar to provide records to Commissioner

   PART 9A -- Appeals under Prisons Act 1981 section 106  
   89A. Terms used  

   89B.    Notice of appeal against removal action  
   89C.    Service of notice of appeal against removal action  
   89D.    Response by chief executive officer  
   89E.    Documents relied on to be filed and served  
   89F.    Notice of reformulated reasons under Prisons Act 1981 s. 110A(4)  
           89G. Withdrawal or discontinuance of appeal against removal

   PART 9B -- Appeals under Young Offenders Act 1994 section 11CH  
   89H. Terms used  

   89I.    Notice of appeal against removal action  
   89J.    Service of notice of appeal against removal action  
   89K.    Response by chief executive officer  
   89L.    Documents relied on to be filed and served  
   89M.    Notice of reformulated reasons under Young Offenders Act 1994 s. 11CL(4)  
           89N. Withdrawal or discontinuance of appeal against removal

   PART 9 -- Appeals under the Police Act 1892 section 33P  
   89. Terms used  

   90.     Notice of appeal against removal action  
   91A.    Service of notice of appeal against removal action  
   91.     Response by Commissioner of Police  
   92.     Documents relied on to be filed and served  
   93.     Notice of reformulated reasons under Police Act 1892 s. 33R(10)  
           94. Withdrawal or discontinuance of appeal against removal

   PART 9C -- Appeals under the Police Act 1892 section 33ZI  
   94A. Terms used  

   94B.    Notice of appeal against retirement on medical grounds  
   94C.    Service of notice of appeal against retirement on medical grounds  
   94D.    Response by Commissioner of Police  
   94E.    Documents relied on to be filed and served  
   94F.    Notice of reformulated reasons under Police Act 1892 s. 33ZK(11)  
           94G. Withdrawal or discontinuance of appeal against retirement on medical grounds

   PART 9D -- Disputes under the Police Act 1892 Part 2D Division 3  

   94H.    Term used: Tribunal  
   94I.    Application of Part  
   94J.    Lodgment of dispute by medically retired member  
   94K.    Lodgment of dispute on behalf of medically retired member  
   94L.    Application of certain regulations  
   94M.     Procedures specific to Tribunal proceedings

   PART 10 -- Work Health and Safety Tribunal  

   95.     Term used: Tribunal  
   95A.    Application of Part  
   96.     Applications to Tribunal  
   97.     Application of certain regulations  
   98.      Procedures specific to Tribunal proceedings

   PART 10A -- Road Freight Transport Industry Tribunal  

   99A.    Terms used  
   99B.    Referrals to Tribunal  
   99C.    Application of certain regulations  
   99D.     Procedures specific to Tribunal proceedings

   PART 11 -- Appeals generally

           Division 1 -- Appeals to Commission  

   100.    Appeals under section 97VM  
           101. Appeal under Vocational Education and Training Act 1996  
   102A.   Review of decisions of Construction Industry Long Service Leave Payments Board

           Division 2 -- Appeals to Full Bench  

   102.    Appeals to Full Bench  
   103.    Procedure for listing matters before Full Bench  
   103A.   Discontinuance of appeal to Full Bench

   PART 12 -- Miscellaneous  

   105.    Notice of certain orders

   PART 13 -- Transitional provisions for Industrial Relations Legislation Amendment Act 2024  

   106.    Bullying and sexual harassment at work before 31 January 2025  
   107.    Office of public service arbitrator abolished  
   108.    Public Service Appeal Board abolished
           Defined terms  
           Industrial Relations Act 1979
           Industrial Relations Commission Regulations 2005 PART 1 -- Preliminary