Industrial Relations Act 1996 Industrial Relations Commission Rules (Amendment No 4) 2000 (2000-637) [GG No 143 of 3.11.2000, p 11516] (NSW)

2000 No 637

Industrial Relations Commission New South Wales

Rules (Amendment No 4) 2000

under the

Industrial Relations Act 1996

The Rule Committee of the Industrial Relations Commission made the following rules of court under the Industrial Relations Act 1996 on 23 October 2000.

T E McGrath

Industrial Registrar of the Rule Committee

Explanatory note

The object of these Rules is to replace 3 forms currently prescribed for applications for relief by dismissed employees made under section 84 of the Industrial Relations Act 1996 with a single form.

Published in Gazette No 143 of 3 November 2000, page 11516	Page 1
[16]
2000 No 637
Clause 1	Industrial Relations Commission Rules (Amendment No 4) 2000

Industrial Relations Commission Rules
(Amendment No 4) 2000

1      Name of Rules

These Rules are the Industrial Relations Commission Rules

(Amendment No 4) 2000.

2 Commencement

(1)	Except as provided by subrule (2), these Rules commence on the date on which they are published in the Gazette.
(2)	Schedule 1 [3] and [5] commence on 1 February 2001.

3 Amendment of Industrial Relations Commission Rules 1996

The Industrial Relations Commission Rules 1996 are amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of these Rules.

2000 No 637

Industrial Relations Commission Rules (Amendment No 4) 2000

Amendments	Schedule 1
Schedule 1	Amendments

(Rule 3)

[1]      Rule 14

Insert after rule 14 (4):

(5) An application made to the Commission by a dismissed employee under section 84 of the Act before 1 February 2001 may be:

(a)	in or to the effect of Form 7A, or
(b)	in or to the effect of Form 8, 9 or 10 (as appropriate) as in force immediately before its repeal by the Industrial Relations Commission Rules (Amendment No 4) 2000.

An application made on or after that date must be in or to the effect of Form 7A.

[2]      Schedule 2 Table of Forms

Insert in the Table of Forms after the matter relating to Form 7:

7A	Claim for Relief	14 (5)	84
from Alleged Unfair Dismissal

[3]      Schedule 2, Table of Forms

Omit the matter relating to Forms 8, 9 and 10 from the Table.

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Schedule 1 Amendments

[4]      Schedule 2, Form 7A

Insert after Form 7:

Form 7A

Application for relief in relation to unfair dismissal

Industrial Relations Act 1996 (NSW)

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

APPLICATION FOR RELIEF IN RELATION TO UNFAIR DISMISSAL

File Number:	IRC of
Date Filed:

SPECIAL NOTE FOR APPLICANTS

• Not all employees who believe they have been unfairly dismissed can make an application under this Act. Check that you are eligible before you file this application. For example, you would not be eligible to bring a claim if:

• you were an employee engaged under a contract of employment for a specified period of time, if the specified period is less than 6 months

• you were an employee engaged under a contract of employment for a specific task

• you were an employee engaged on probation where the probationary period was determined in advance and was of 3 months duration or less

• you were employed on a casual basis for a short period

• you were an employee under a Federal award entitled to make an application to the Australian Industrial Relations Commission with respect to the dismissal on the ground that it was harsh, unjust or unreasonable

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Industrial Relations Commission Rules (Amendment No 4) 2000

Amendments Schedule 1

• you were a private sector employee not covered by any award earning annual remuneration greater than $71,200 or such greater amount as may be prescribed by the regulations.

• You must file your application within 21 days of the date when you believe you were dismissed. If you file the application any later than that time, the Commission will have to decide at some subsequent date whether you should have permission to continue with your claim. If the application is late, complete questions 33 and 34 in addition to questions 1–32.

• Please complete all of the details in this application form carefully. If you do not have a legal representative or union assisting you in completing this form, you are required to verify the details you include in this form by statutory declaration. Under the Oaths Act 1900 (NSW) there are substantial penalties for knowingly making a declaration that is in any respect untrue.

• You should personally attend the conciliation conference which will be convened after you file your application. In order to make the conciliation conference effective, the person attending the conference must have authority to settle the matter.

• You are required to pay a filing fee of $50 for lodging your application, unless the Industrial Registrar decides to waive that fee after being satisfied, upon your application, that the fee would cause you financial hardship.

Details in relation to these matters are available from the Industrial Registry.

Telephone: [phone] Registry Hours: 9.00am–4.00pm

PLEASE COMPLETE THE FOLLOWING, and in doing so:

• Complete the right hand column only.

• Where you are asked for grounds or reasons, please BE BRIEF—you can give more details, if you wish, to the Commission at the first conciliation conference.

PERSONAL DETAILS OF THE EMPLOYEE (APPLICANT)

1. Name	Family name Given names ................................... .......................................
2. Status/Title	Mr t Mrs t Ms t Miss t Other t.....................................................................

(specify)

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3. Home address and

contact details

(Note: Do not use a

post office box	Postcode:
number)
Work: ( ) Home/after hours: ( ) Fax: ( )
4. Date of birth	(day) (month) (year)
5. First language	English t Other t.....................................................................

(specify)

Interpreter needed? Yes t No t

6. Do you have any special requirements such as difficulties

with access, hearing
or impaired sight
with which you
require assistance at
any proceedings in

the Commission?

ABOUT THE EMPLOYER (RESPONDENT) AND THE

EMPLOYMENT

7. Employer’s name

8. Employer’s
registered office or

trading address

9. Your place of

work

10. Contact person	Phone: ( )
for employer	Fax: ( )
11. Employer’s business or industry

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12. Your
occupation—name
of job or type of
work performed for

the employer

13. Type of	Full-time t
employment	Part-time t ................. (hours per week) Casual t
14. Date of starting work with the employer
15. Date of dismissal or threatened dismissal
16. Last day worked (if different from answer to question 15)
17. Did the employer	Yes t No t
provide reasons for dismissal?
18. If provided, what were the reasons given?

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19. If provided,
attach a copy of any
relevant
documentation such

as:

• any written termination notice

• employment
separation
certificate

• any letter or
other document
that sets out
reasons for
dismissal

OTHER DETAILS OF EMPLOYMENT

20. Name of State
award or agreement
applying to your
employment (if any
or if known)

21. Name of Federal award or agreement applying to your

employment (if you
are eligible to bring a
claim before the
Industrial Relations
Commission of New

South Wales)

22. Are you a State	Yes t No t Don’t know t
public sector employee?
23. What is your normal gross (before tax) pay every week?

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24. If you receive
any extra non-wage
benefits in your
employment (eg
private use of a car),
please detail these if

known

REASONS FOR APPLICATION

25. Why do you say your dismissal (or threatened dismissal) was harsh, for Application”.

unreasonable or unjust?

RELIEF SOUGHT

t

26. What are you Reinstatement to your former position

t

seeking? (Tick one Re-employment to another position

t

or more boxes) Monetary compensation

27. If you seek
re-employment, not
reinstatement, please
detail the job you

wish to obtain

28. If you are
seeking monetary
compensation, please
specify how much
you seek and how
you calculate the
amount

(Note: The monetary compensation that can be awarded to you is up

to 6 months of your total remuneration)

REPRESENTATION

29. Are you being	Yes t No t
represented in this application?

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30. If you are being	Lawyer t
represented, please	Union t
specify type of	Other t
representative
31. Give details of	Name:
the name address and	Address:
telephone and/or fax	Telephone number: ( )
number of your	Fax number: ( )
representative	DX:
(Note: If you have nominated a representative, notices will be sent to the representative)
32. If you are being	Yes t No t
represented by a union, do you wish to make a small claim?

LATE APPLICATIONS (IF APPLICABLE)

33. Have you filed	Yes t No t
this application more than 21 days after the date that you believe you were dismissed?
34. If the answer to Question 33 is yes, what was the reason or reasons why your application was filed late?
(Note: Please give short reasons, which may be expanded if necessary at a time nominated by the Commission)

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If you are unrepresented, complete the following declaration:

Statutory Declaration

I........................................................., of ................................................................

(name) (address)

................................................................................................................................. do

(occupation)

solemnly and sincerely declare that the contents of this application form as completed by me are true and correct to the best of my knowledge, information and belief, and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1900 (NSW).

Declared by the Applicant at	)
On	)

Before me:	)	......................................... Applicant
.................................................

Justice of the Peace

Only to be completed by represented applicants

.........................................................

Applicant’s representative

FINALLY:

• Please read the INFORMATION SHEET provided to you before you file this application.

• The Registry will serve a copy of the application on the employer at the address you have shown

• You will be advised of a conciliation conference date before a member of the Commission. Please ensure that when you attend for the conciliation conference you are prepared to discuss the matter and the question of settlement. You should bring with you all relevant documents that you have concerning your

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Schedule 1 Amendments

employment (and, where possible, copies of those documents), together with a

copy of this application form.

• Ensure you attach a copy of any written termination notice, employment separation certificate and any letter or document setting out the reasons for dismissal.

• You should make every effort to contact your employer with a view to settling the claim.

ATTACHMENT TO FORM 7A—APPLICATION FOR RELIEF IN

RELATION TO UNFAIR DISMISSAL

REASONS FOR APPLICATION

Notes for Applicant

• Please set out below the reasons why you believe your dismissal by your employer was harsh, unreasonable or unjust.

• You are asked to set out the reasons which you wish to rely on, but at this stage, please be brief.

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[5]      Schedule 2, Forms 8, 9 and 10

Omit the Forms.

BY AUTHORITY