Industrial Relations Act 1996 Industrial Relations Commission Rules (Amendment No 1) 1999 (1999-707) [GG No 144 of 24.12.1999, p 12339] (NSW)

1999 No 707

INDUSTRIAL RELATIONS

New South Wales

COMMISSION RULES (AMENDMENT

No 1) 1999

under the

Industrial Relations Act 1996

These rules were made by the Rules Committee on 18 November 1999.
The Industrial Relations Commission Rules 1996 are amended as follows: After Rule 18, insert:

18A New procedure under section 106 (Unfair Contracts)

(1)

An application to the Commission to exercise the powers conferred on it by section 106 must be in Form 12A and must:

(a)

specify in summary the matters of fact and law which form the basis of the application, but not the evidence by which those facts are to be proved; and

(b)

contain sufficient information to allow the Commission to carry out its duty to conciliate under section 109 by a succinct summary.
(2) Unless otherwise ordered by the Registrar the application
must be served on the respondent.

(3)

Where within the required period of time, an appearance has not been entered by a respondent, the applicant may proceed to have the matter determined in the absence of that respondent.

(4)

Within 21 days after the date of expiry of the time limited for the respondent's appearance the respondent must file and serve its reply. Such reply must be in Form 12B and must:

(a)

answer each of the matters raised in the application; and

Published in Gazette No 144 of 24 December 1999, page 12339	Page 1
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Industrial Relations Commission Rules (Amendment No 1) 1999

(b)

specify in summary any additional matters of fact and law upon which the respondent will rely in opposition to the application, but not the evidence by which those facts are to be proved; and

(c)

contain sufficient information to allow the Commission to carry out its duty to conciliate under section 109 by a succinct summary.

(5)

An applicant must within 14 days of the time of filing of the reply file and serve a response answering each of the matters specified in the reply pursuant to subrule (4). Such response must be in Form 12C.

(6)

The applicant or respondent, as appropriate, must file and serve with the application, reply and response an affidavit verifying the matters of fact set out therein. If the relevant party is a corporation the affidavit may be sworn by an officer or employee of the corporation who is able to verify the matters of fact relied upon.

(7)

Nothing in this Rule is to be taken to derogate from or otherwise limit the requirements of or the Commission's powers under Parts 9 and 13 of these Rules.

(8)

The Registrar must, as soon as practicable after the filing or expiration of the time for filing of the response, whichever occurs first, refer the matter for allocation to a Member of the Commission for conciliation in accordance with section 109 or, if the Registrar considers it appropriate, for directions either before the Registrar or a Judge of the Commission.

(9)

This Rule takes effect from 31 January 2000. An application to the Commission to exercise the powers conferred on it by section 106 may be commenced and proceeded with pursuant to either Rule 18 or Rule 18A until 6 October 2000 from which time all such applications are to be commenced and proceeded with in accordance with Rule 18A.

3.	Industrial Relations Commission Rules 1996 follows: (a) Rule 250 Omit the word “As” where first appearing and insert instead “In matters commenced in accordance with Rule 18, as”.

The are further amended as Insert the following after Rule 252(2):

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