Industrial Relations Commission Amendment Regulations (No. 2) 2010 (WA)

12 October 2010 GOVERNMENT GAZETTE, WA 5153

IR301*

Industrial Relations Act 1979

Industrial Relations Commission Amendment

Regulations (No. 2) 2010

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 (No. 2) 2010.

2.             Commencement

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 4 amended

In regulation 4(2) delete “not earlier than 8.00 a.m. and not later
than 5.00 p.m. on any day on which” and insert:

at a time when

5.             Regulation 5 amended

In regulation 5(5)(a) delete “5.00 p.m.” and insert:

close of business

5154 GOVERNMENT GAZETTE, WA 12 October 2010

6.             Regulation 6 amended

(1) In regulation 6(1) delete “from 8.00 a.m. until 5.00 p.m. on
Monday to Friday each week,” and insert:

on the days and at the times determined by the
Registrar, after consultation with the Chief

Commissioner,

(2)	In regulation 6(2) delete “prescribed in” and insert:
determined under
(3)	In regulation 6(3) delete “8.00 a.m. on the next day the office of the Registrar is open” and insert:
the time when the office of the Registrar next opens
(4)	After regulation 6(3) insert:
(4) Opening hours determined under subregulation (1) are to be published on the Commission’s website at

7.             Regulation 53 amended

In regulation 53(1):

(a)	delete paragraph (d);
(b)	after each of paragraphs (a) to (c) insert:

or

8.             Regulation 54A inserted

After regulation 53 insert:

54A.	Orders as to specified matters on which agreement has not been reached
(1)	An application under section 42G(1)(c) of the Act for an order as to specified matters on which agreement has not been reached must —

(a) be signed by all of the negotiating parties or their agents and, where necessary, be sealed by them; and

12 October 2010 GOVERNMENT GAZETTE, WA 5155

(b) have attached a statement that —

(i) specifies the application mentioned in section 42G(1)(b) of the Act; and

(ii)      specifies the matters on which agreement has not been reached; and

(iii)      summarises the respective positions of the negotiating parties and the nature of the relief sought by each of them; and

(iv)

provides any other information be relevant to the application.

(2) It is not necessary to serve the application or to file an
answer to the application.

9.             Regulation 55 amended

After regulation 55(1) insert:

(2A)	An application by all of the parties to an agreement must be signed by each of them or their agents, and when necessary, sealed by them.
(2B)	It is not necessary to serve an application referred to in subregulation (2A) on the parties to the agreement or to file an answer to the application.

10.           Schedule 1 amended

(1)	In Schedule 1 Form 8 delete “appellant, sealed” and insert:
appellant, signed
(2)	In Schedule 1 Form 9A delete “appellant, sealed” and insert:
appellant, signed

A. R. BEECH, Chief Commissioner,

Western Australian Industrial Relations Commission.

Date: 5 October 2010.