Industrial Relations Commission Amendment Regulations 2009 (WA)

10 July 2009	GOVERNMENT GAZETTE, WA	2739
-PART 1-

INDUSTRIAL RELATIONS

Industrial Relations Act 1979

Industrial Relations Commission Amendment

Regulations 2009

Made by the Chief Commissioner of the Western Australian Industrial
Relations Commission after consulting the members of the Commission.

1.            Citation

These regulations are the Industrial Relations Commission
Amendment Regulations 2009.

2.            Commencement

Form 31;

These regulations come into operation as follows -

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the day after that day.

3.            Regulations amended

These regulations amend the Industrial Relations Commission
Regulations 2005.

4.            Regulation 90 amended

In regulation 90(a)(i) delete "Form 32;" and insert:

2740 GOVERNMENT GAZETTE, WA 10 July 2009

5.            Regulation 102 amended

(1) Delete regulation 102(10) and insert:

(10) Within 14 days of filing a notice of appeal, the

appellant must -

(a)	lodge 3 copies of an appeal book prepared and bound in an approved form; and
(b)	serve a copy of the appeal book on each person referred to in subregulation (5).

(1 1A) Unless in a particular case the President directs

otherwise, each appeal book must contain the

following -

(a)	a copy of the notice of appeal;
(b)	a copy of the application or reference instituting the proceedings before the Commission;
(c)	a copy of any answer or counter-proposal filed in the proceedings;
(d)	where applicable, a copy of that part or those parts of the settled issues containing the matters relevant to the appeal that were before the Commission;
(e)	any written submissions, or outline of submissions, provided to the Commission;

(1) a copy of the decision that is the subject of the appeal and the Commission's reasons for that decision;

(g)	a list of the page numbers of the transcript of the proceedings at which reference is made to the subject matter of the appeal;
(h)	a copy of all relevant exhibits tendered during

the proceedings;

(i)     a copy of any other document which will be required by the Full Bench to determine the appeal, including any further particulars of the claim or answer filed in the proceedings.

(2) Delete regulation 102(12).

6.            Regulation 103 amended

(1) In regulation 103(2) delete "regulations 102(10), (11) and (12)"

and insert:
regulation 102(10)(b), (1 1A) and (11)

10 July 2009 GOVERNMENT GAZETTE, WA 2741

(2) In regulation 103(3) delete "regulation 102(10)(f) and (g)" (each

occurrence) and insert:
regulation 102(1 1A)(g) and (h)

7.            Schedule 1 amended

(1) In Schedule 1 Form 1:

(a) delete "(name and address" (each occurrence) and insert:

(name, address and telephone number

(b) after "(signature of applicant/s)" insert:

NOTE: It is important to correctly state the full name of the employer. corporation the Commission may not have jurisdiction to deal with the matter. If known, please indicate whether the employer is one of the following:

U Company U Incorporated association U Trust

U Unincorporated (e.g. sole trader, partnership or other)

U State government agency U Other ......................

(2) In Schedule 1 Form 2:

(a) delete "(name and address of respondent/s - attach schedule if

necessary)" and insert:

(name, address and telephone number of employer - attach schedule if necessary)

NOTE: It is important to correctly state the full name of the employer. If the employer in this matter is a trading, financial or foreign	corporation the Commission may not have jurisdiction to deal
with the matter. If known, please indicate whether the employer is one of the following:
U Company U Incorporated association U Trust
U Unincorporated (e.g. sole trader, partnership or other)
U State government agency U Other ......................

(b) delete "(name and address of applicant— attach schedule if necessary)" and insert:

(name, address and telephone number of applicant - attach schedule if necessary)

2742 GOVERNMENT GAZETTE, WA 10 July 2009

(3) In Schedule 1 Form 3:

(a) delete "(name and address of respondent/s— attach schedule if

necessary) and insert.

(name, address and telephone number of employer - attach schedule if necessary)

(b) delete "(name and address of applicant— attach schedule if necessary)" and insert:

(name, address and telephone number of applicant - attach schedule if necessary)

(4) In Schedule 1 Form 5:

(a) delete "(name and address" (each occurrence) and insert:

(name, address and telephone number

(b)	after "(signature of respondent's)" insert:
NOTE:	It is important to correctly state the full name of the employer. If the employer in this matter is a trading, financial or foreign corporation the Commission may not have jurisdiction to deal with the matter. If known, please indicate whether the employer
is one of the following:
U Company  U Incorporated association U Trust
U Unincorporated (e.g. sole trader, partnership or other)
U State government agency  U Other ......................

(5)	In Schedule 1 Forms 6 and 7 delete "(name and address" (each occurrence) and insert:
(name, address and telephone number

(6) In Schedule I Form 7A:

(a) delete "name and address" and insert:

name, address and telephone number

IL. \ .11ete

O) uei names of owner-driver and hirer and insert.

name, address and telephone number of owner-driver and of hirer

(c) delete "For endorsements see the back of this form or the "

attachment(s).

10 July 2009 GOVERNMENT GAZETTE, WA 2743

(7) In Schedule I Forms 8 and 9 delete "(name and address" (each

occurrence) and insert:

(name, address and telephone number

(8) In Schedule 1 Form 10:

f ,, _J

u _Jei1ete (name of respondent I employer) aflu insert:

(name and address of respondent/employer)

(b) delete "(name and address of appellant)" (first occurrence) and insert:

(name, address and telephone number of appellant)

(c) delete "(name and address of appellant)" (second occurrence) and insert:

(name, address and telephone number of agent)

(9) In Schedule 1 Form 11 delete "(name and address" (each

occurrence) and insert:

(name, address and telephone number

(10) In Schedule 1 Form 13

(a) delete "Name of objector' and insert:

Name, address and telephone number of objector

(b) delete "(full name in block letters)".

(11) In Schedule 1 Form 14 delete "(if part only, specify part objected to)" and

insert:

(if part only, specify part withdrawn or discontinued)

(12) In Schedule 1 Form 18 delete "name and address" and insert:

name, address and telephone number

2744 GOVERNMENT GAZETTE, WA 10 July 2009

(13) In Schedule 1 Forms 19, 20 and 22 delete "(for and on behalf of the

organisation/association)" and insert:

(name and telephone number of person signing for and on behalf of the

organisation/association)

(14) In Schedule 1 Forms 29 and 30:

(a) delete "(name of organisation)" and insert:

(name, address and telephone number of organisation)

(b) delete —(name and address of person)" and insert:

(name, address and telephone number of person)

(15) In Schedule 1 Form 31 delete "(name and address" and insert:

(name, address and telephone number

A. R. BEECH, Chief Commissioner.

Western Australian Industrial Relations Commission.

Date: 6 July 2009.