Industrial Relations (Tribunals) Amendment Rule 2023 (Qld)

1   Short title

This rule may be cited as the Industrial Relations (Tribunals) Amendment Rule 2023.

2   Rules amended

This rule amends the Industrial Relations (Tribunals) Rules 2011.

3   Amendment of r 12 (Document starting proceeding, or application in existing proceeding, to state contact details)

Rule 12(2)(b)—
omit, insert—

(b)the address of—

(i)the lawyer’s place of business; or

(ii)the agent’s—

(A)if the agent has a place of business—place of business; or

(B)otherwise—place of residence; and

4   Amendment of r 28 (Service of documents)

(1)Rule 28(1)(b), from ‘an organisation or association’—
omit, insert—

an industrial organisation—giving the document to the secretary of the industrial organisation;

(2)Rule 28(3), definition relevant address, paragraph (c), ‘, organisation or association’—
omit, insert—

or industrial organisation

5   Amendment of r 30 (Service of directions order on party)

Rule 30(c)(iii), ‘, organisation or association’—
omit, insert—

or industrial organisation

6   Amendment of r 77 (Application for order about representation rights of associations or employee organisations)

Rule 77, heading, ‘associations or’—
omit.

7   Amendment of r 124 (Representation in proceedings)

(1)Rule 124(1)(c), from ‘an organisation or association’—
omit, insert—

an industrial organisation—an employee, officer or member of the industrial organisation; or

(2)Rule 124(1)—
insert—

(d)if the party or person is an employer—an employee or officer of the employer.

8   Replacement of r 125 (Notice of appointment of agent)

Rule 125—
omit, insert—

125   Notice of appointment of agent

(1)This rule applies if a party or person in a proceeding—

(a)appoints an agent under section 529(1)(b) of the Act; or

(b)appoints an agent with leave of the industrial tribunal under section 529(1)(e) of the Act.

(2)The party or person must, as soon as practicable after the appointment—

(a)file a notice of appointment of agent in the approved form, signed by the party or person appointing the agent; and

(b)serve a copy of the notice on all parties to the proceeding.

(3)Subrule (2)(a) applies in relation to the appointment of an agent under section 529(1)(b) of the Act only if the notice has not already accompanied a document that has been filed.

Note—

For the requirement for a notice of appointment of agent to accompany a document for filing, see rule 13.

(4)On filing, the address for service in the notice is the party’s or person’s address for service.

9   Amendment of r 128 (Change of lawyer or agent)

(1)Rule 128, heading, after ‘lawyer or’—
insert—

particular

(2)Rule 128(1)—
omit, insert—

(1)This rule applies if a party or person changes the party’s or person’s—

(a)lawyer; or

(b)agent, who was appointed under section 529(1)(b) of the Act, to another agent who is appointed under the same section.

10   Amendment of r 129 (Making or signing documents for organisation or association)

(1)Rule 129, heading, ‘organisation or association’—
omit, insert—

industrial organisation

(2)Rule 129, from ‘an organisation or association’—
omit, insert—

an industrial organisation if it is made or signed under the rules of the industrial organisation.

11   Amendment of sch 2 (Dictionary)

Schedule 2, definition association—
omit.