Industrial Relations (Tribunals) Amendment Rule (No. 2) 2003 (Qld)

Queensland Subordinate Legislation 2003 No. 320 Industrial Relations Act 1999 INDUSTRIAL RELATIONS (TRIBUNALS) AMENDMENT RULE (No. 2) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Insertion of new r 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3A What a reference to application or applicant includes . . . . . . . . . . . . 6 5 Amendment of r 7 (Starting proceedings). . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Amendment of r 9 (Form of applications). . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of r 10 (Form of affidavit supporting an application) . . . . . . . . 8 8 Amendment of r 11 (Document starting proceeding to state address and phone and fax number) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Amendment of r 13 (Filing of documents) . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Amendment of r 14 (Ways of filing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of r 27 (Service of documents) . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Amendment of r 34 (When affidavit of service is required) . . . . . . . . . . . . . 9 13 Replacement of r 42 (Failure to comply with directions order) . . . . . . . . . . 9 42 Failure to attend or to comply with directions order . . . . . . . . . . . . . 10 14 Amendment of r 43 (Response to application) . . . . . . . . . . . . . . . . . . . . . . . 10 15 Amendment of r 54 (Attendance notices) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16 Amendment of r 64 (Discontinuance of applications other than under Act, s 74) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Amendment of r 70 (Application to declare persons to be employees) . . . . 11

2 Industrial Relations (Tribunals) Amendment Rule (No. 2) 2003 No. 320, 2003 18 Amendment of r 71 (Application to amend or void contract) . . . . . . . . . . . . 11 19 Replacement of r 72 (Application for injunction under Act, s 277) . . . . . . . 11 72 Application for injunction under Act, s 277 or WhistleblowersProtection Act 1994, s 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 20 Amendment of r 76 (Application to refer matter to full bench) . . . . . . . . . . 12 21 Amendment of r 87 (Publishing decisions etc.) . . . . . . . . . . . . . . . . . . . . . . 12 22 Amendment of r 90 (Application of div 1) . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Amendment of r 92 (Procedure for claims before industrial magistrate) . . . 13 24 Amendment of r 94 (Summons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25 Insertion of new r 96A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 96A Failure to attend or to comply with directions order . . . . . . . . . . . . . 14 26 Amendment of r 108 (Application of pt 5) . . . . . . . . . . . . . . . . . . . . . . . . . . 14 27 Replacement of rr 109–111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 109 Record for particular appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 110 Application for stay of decision under appeal . . . . . . . . . . . . . . . . . . 16 111 Service of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 28 Amendment of r 112 (Service of application if respondent is the council) . 18 29 Replacement of r 114 (Application to appeal to court, full bench or commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 114 Application to appeal other than from industrial magistrate . . . . . . . 18 30 Amendment of r 117 (Response). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 31 Replacement of pt 5, div 3, hdg and rr 119 and 120 . . . . . . . . . . . . . . . . . . . 19 119 Application to appeal from industrial magistrate . . . . . . . . . . . . . . . 19 120 Industrial magistrate may order appellant’s release from custody . . 19 120A Form of arrest warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 120B Striking out application to appeal by released appellant after at least 2 month’s delay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 32 Amendment of r 121 (Documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 33 Insertion of new rr 121A and 121B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 121A Application for order for payment instead of long service leave. . . . 22 121B Application for order for payment of proportionate payment for long service leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 34 Amendment of r 122 (Application for order ensuring equal remuneration for work of equal or comparable value) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

3 Industrial Relations (Tribunals) Amendment Rule (No. 2) 2003 No. 320, 2003 35 Amendment of r 125 (Application for order about severance and other separation benefits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 36 Amendment of r 126 (Application for order for contravention of Act, s 88) 23 37 Amendment of r 127 (Application for order for contravention of Act, s 89) 23 38 Amendment of r 131 (Application for order about prohibited conduct). . . . 24 39 Amendment of r 131B (Making or amending awards that relate to remuneration of employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 40 Amendment of r 132 (Exemptions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 41 Amendment of r 133 (Advice of intention to begin negotiations for a project agreement). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 42 Replacement of r 134 (Application for certificate as to requested representation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 134 Application for certificate as to requested representation . . . . . . . . . 25 43 Replacement of r 138 (Application for decision about designated award) . . 27 138 Application for decision about designated award . . . . . . . . . . . . . . . 27 44 Amendment of r 139 (Application for certification) . . . . . . . . . . . . . . . . . . . 27 45 Amendment of r 141 (Application to extend certified agreement) . . . . . . . . 27 46 Amendment of r 142 (Application to amend certified agreement) . . . . . . . . 28 47 Amendment of r 143 (Determination made under s 149) . . . . . . . . . . . . . . . 28 48 Replacement of r 144 (Notice of termination of agreement) . . . . . . . . . . . . 28 144 Notice terminating certified agreement on or before its nominal expiry date and application for approval of termination . . . . . . . . . . 28 144A Notice of intention to terminate certified agreement after its nominal expiry date and application to terminate . . . . . . . . . . . . . . . 28 49 Replacement of r 145 (Application for determination of designated award) 29 145 Application for decision about designated award . . . . . . . . . . . . . . . 29 50 Amendment of r 149 (Notice of industrial dispute) . . . . . . . . . . . . . . . . . . . 29 51 Amendment of r 150 (Applications for order for contravention of Act, s 238) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 52 Insertion of new pts 13A–13C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 PART 13A—APPLICATION FOR ORDER FOR REPAYMENT OF FEE RECEIVED BY PRIVATE EMPLOYMENT AGENT 153A Application for order for repayment of fee . . . . . . . . . . . . . . . . . . . . 30 PART 13B—APPLICATION FOR ORDER ON CONTRAVENTION OF ELECTRICAL SAFETY UNDERTAKING

4 Industrial Relations (Tribunals) Amendment Rule (No. 2) 2003 No. 320, 2003 153B Application for order under Electrical Safety Act 2002, s 54 . . . . . . 30 PART 13C—APPLICATION FOR ORDER ON CONTRAVENTION OF WORKPLACE HEALTH AND SAFETY UNDERTAKING 153C Application for order under Workplace Health and Safety Act 1995, s 42I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 53 Amendment of r 160 (Application about validity of, or compliance with, rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 54 Amendment of r 162 (Application for approval to amend name under Act, s 473) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 55 Amendment of r 164 (Application for approval of other amendment to rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 56 Replacement of r 165 (Notice of objection to amendment of name or eligibility rules or change of callings). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 165 Notice of objection to particular decisions and response to objection ........................................ 33 57 Amendment of r 168 (Application for exemption if federal ballot held) . . . 33 58 Amendment of r 169 (Application for exemption from keeping officers and members register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 59 Amendment of r 170 (Application for exemption from accounting or audit provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 60 Amendment of r 171 (Application for exemption from accounting or audit obligations for an employer organisation that is a corporation) . . . . . . . . . . 35 61 Amendment of r 176 (Application for exemption—number of members) . . 35 62 Amendment of r 177 (Application for amalgamation ballot exemption— recognising federal ballot). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 63 Amendment of r 179 (Application for an exemption from holding a withdrawal ballot—recognising federal ballot). . . . . . . . . . . . . . . . . . . . . . . 35 64 Omission of r 196 (Direction about confidential material tendered in evidence— Act, s 679(5)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 65 Amendment of r 200 (Continuation of proceeding after 6 months delay) . . 36 66 Replacement of r 201 (Lapse of proceedings after 1 year’s delay) . . . . . . . . 36 200A Lapse of proceeding after at least 1 year’s delay . . . . . . . . . . . . . . . . 36 201 Striking out proceeding after at least 1 year’s delay . . . . . . . . . . . . . 37 67 Amendment of r 201A (Vacations and holidays) . . . . . . . . . . . . . . . . . . . . . 38

5 Industrial Relations (Tribunals) Amendment Rule (No. 2) 2003 No. 320, 2003 68 Insertion of new r 203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 203 Transitional provision for Industrial Relations (Tribunals) Amendment Rule (No. 2) 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 69 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

s1 6 s5 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 1 Short title This rule may be cited as the Industrial Relations (Tribunals) Amendment Rule (No. 2) 2003 . 2 Commencement This rule commences on 8 December 2003. 3 Rules amended This rule amends the Industrial Relations (Tribunals) Rules 2000. 4 Insertion of new r 3A After rule 3— insert— ‘3A What a reference to application or applicant includes ‘ (1) A reference in these rules, other than in rule 7(1) or 114, 1 to an application includes a reference to a notice of appeal under a safety Act provision. ‘ (2) A reference in these rules to an applicant includes a reference to an appellant to an appeal under a safety Act provision.’. 5 Amendment of r 7 (Starting proceedings) (1) Rule 7(1)— omit, insert— ‘ (1) A proceeding before the court, commission or registrar, other than an appeal under a safety Act provision, must be started by an application in the approved form. 2 ’. (2) Rule 7(3), after ‘appeal’— 1 Rule 7 (Starting proceedings) or 114 (Application to appeal other than from industrial magistrate) 2 See rule 3A (What a reference to application or applicant includes). “Safety Act provision” is defined in schedule 2 (Dictionary).

s6 7 s6 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 insert— ‘, or notice of appeal under a safety Act provision,’. (3) Rule 7(4), ‘ (4) A proceeding’— omit, insert— ‘ (5) A proceeding, other than an appeal under a safety Act provision,’. (4) Rule 7— insert— ‘ (4) A notice of appeal under a safety Act provision must be in the approved form.’. 6 Amendment of r 9 (Form of applications) Rule 9(2) and (3)— omit, insert— ‘ (2) An application, other than an excluded application, must be supported by an affidavit— (a) contained in the application; or (b) if it is not practicable for the application to contain the affidavit—accompanying the application.’. ‘ (3) In this rule— “excluded application” means any of the following— (a) an application to appeal; 3 (b) an application for leave to appeal; 4 (c) an application for a stay of a decision under appeal; 5 3 See rules 114 (Application to appeal other than from industrial magistrate) and 119 (Application to appeal from industrial magistrate). 4 “Leave to appeal” is defined in schedule 2 (Dictionary). 5 “Stay of a decision under appeal” is defined in schedule 2 (Dictionary).

s7 8 s8 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 (d) an application under section 163, 212 or 696 6 of the Act; (e) a notice of appeal under a safety Act provision.’. 7 Amendment of r 10 (Form of affidavit supporting an application) (1) Rule 10, heading— omit, insert— ‘10 Form of affidavit for rule 9(2) ’. (2) Rule 10, ‘An’— omit, insert— ‘For rule 9(2), an’. 8 Amendment of r 11 (Document starting proceeding to state address and phone and fax number) (1) Rule 11, heading, after ‘ proceeding ’— insert— ‘ , or application in existing proceeding, ’. (2) Rule 11(1) and (2), ‘must not be filed unless the document’— omit, insert— ‘, or an application in an existing proceeding, must not be filed unless it’. (3) Rule 11(3)— omit, insert— ‘ (3) An applicant or an applicant’s lawyer or agent may include the applicant’s, lawyer’s or agent’s email address in a document starting a proceeding, or an application in an existing proceeding, where documents in the proceeding may be served on the applicant.’. 6 Section 163 (Deciding designated awards), 212 (Deciding designated awards) or 696 (Aged or infirm persons permits) of the Act

s 9 9 s 13 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 9 Amendment of r 13 (Filing of documents) Rule 13(1), ‘4’— omit, insert— ‘the original and 3’. 10 Amendment of r 14 (Ways of filing) (1) Rule 14(d)— renumber as rule 14(e). (2) Rule 14— insert— ‘(d) for rule 129(3) or 147(1), 7 by fax; or’. 11 Amendment of r 27 (Service of documents) Rule 27(1)(g)(ii)— omit, insert— ‘(ii) an email address where documents in the proceeding may be served on the person—emailing the document to the person.’. 12 Amendment of r 34 (When affidavit of service is required) Rule 34(2), ‘must’— omit, insert— ‘may’. 13 Replacement of r 42 (Failure to comply with directions order) Rule 42— omit, insert— 7 Rule 129 (Discontinuing application under Act, s 74) or 147 (Filing QWA or ancillary document by fax)

s 14 10 s 15 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 ‘42 Failure to attend or to comply with directions order ‘ (1) This rule applies if— (a) a party to a proceeding receives notice of a directions order made by the court, commission or registrar specifying a time, date and place for a hearing or conference in the proceeding; and (b) the party fails to attend at the hearing or conference. ‘ (2) This rule also applies if a party to a proceeding receives notice of a directions order made by the court, commission or registrar and the party fails to comply with the order. ‘ (3) The court, commission or registrar may— (a) dismiss the proceeding; or (b) make a further directions order; or (c) make another order dealing with the proceeding that the court, commission or registrar considers appropriate; or (d) make orders under paragraphs (b) and (c).’. 14 Amendment of r 43 (Response to application) (1) Rule 43(3), ‘counter proposal or cross-claim’— omit, insert— ‘counter-claim’. (2) Rule 43(4), ‘counter proposal’ to ‘or claim’— omit, insert— ‘counter-claim, the counter-claim’. 15 Amendment of r 54 (Attendance notices) Rule 54(2)(d), after ‘notice’— insert— ‘, in the approved form,’.

s 16 11 s 19 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 16 Amendment of r 64 (Discontinuance of applications other than under Act, s 74) Rule 64(2), after ‘request’— insert— ‘, in the approved form,’. 17 Amendment of r 70 (Application to declare persons to be employees) Rule 70(2)— omit. 18 Amendment of r 71 (Application to amend or void contract) (1) Rule 71(3), after ‘affidavit’— insert— ‘contained in or’. (2) Rule 71(4), from ‘an affidavit’— omit, insert— ‘the affidavit.’. 19 Replacement of r 72 (Application for injunction under Act, s 277) Rule 72— omit, insert— ‘72 Application for injunction under Act, s 277 or WhistleblowersProtection Act 1994, s 47 ‘An application for an injunction under section 277 8 of the Act or the Whistleblowers Protection Act 1994 , section 47 9 must— 8 Section 277 (Power to grant injunctions) of the Act 9 WhistleblowersProtectionAct1994 , section 47 (Right to apply for Industrial Commission injunction)

s 20 12 s 22 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 (a) be in the non-chapter 12 approved form; and (b) state the facts relied on.’. 20 Amendment of r 76 (Application to refer matter to full bench) Rule 76, from ‘a full bench’— omit, insert— ‘the full bench under section 281(4) 10 of the Act must be in the non-chapter 12 approved form, unless the vice president or registrar approves otherwise.’. 21 Amendment of r 87 (Publishing decisions etc.) Rule 87(3)— omit, insert— ‘ (3) The registrar must publish the following in the industrial gazette— (a) a certified agreement, or an amendment of a certified agreement, if the commission directs it be published; (b) an award or amendment of an award; (c) notice of the making of a general ruling under section 287 11 of the Act; (d) the date specified in the general ruling as the date on and from which the general ruling has effect.’. 22 Amendment of r 90 (Application of div 1) (1) Rule 90, ‘ (1) ’— omit. ( 2) Rule 90(g)— omit, insert— 10 Section 281 (Reference to full bench) of the Act 11 Section 287 (General rulings) of the Act

s 23 13 s 25 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 ‘(g) a claim for repayment of a fee under section 408G 12 of the Act; (h) a claim for the recovery of a debt under the Workers’Compensation and Rehabilitation Act 2003 , section 580. 13 ’. 23 Amendment of r 92 (Procedure for claims before industrial magistrate) (1) Rule 92(2), ‘or 408’— omit, insert— ‘, 408 or 408G 14 ’. (2) Rule 92(3), ‘ WorkCover Queensland Act 1996 ’ — omit, insert— ‘ Workers’ Compensation and Rehabilitation Act 2003 ’ . 24 Amendment of r 94 (Summons) Rule 94(3), ‘ WorkCover Queensland Act 1996 mentioned in rule 90(1)(g)’ — omit, insert— ‘ Workers’ Compensation and Rehabilitation Act 2003 mentioned in rule 90(h)’ . 25 Insertion of new r 96A After rule 96— insert— 12 Section 408G (Magistrate may order repayment of fees received by private employment agent in civil proceedings) of the Act 13 Workers’ CompensationandRehabilitationAct2003 , section 580 (Recovery of debts under this Act) 14 Section 399 (Recovery of unpaid wages etc.), 408 (Recovery of unpaid superannuation contribution) or 408G (Magistrate may order repayment of fees received by private employment agent in civil proceedings) of the Act

s 26 14 s 27 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 ‘96A Failure to attend or to comply with directions order ‘ (1) This rule applies if— (a) a party to a proceeding receives notice of a directions order made by an industrial magistrate specifying a time, date and place for a hearing or conference in the proceeding; and (b) the party fails to attend at the hearing or conference. ‘ (2) This rule also applies if a party to a proceeding receives notice of a directions order made by an industrial magistrate and the party fails to comply with the order. ‘ (3) An industrial magistrate may— (a) dismiss the proceeding; or (b) make a further directions order; or (c) make another order dealing with the proceeding the industrial magistrate considers appropriate; or (d) make orders under paragraphs (b) and (c).’. 26 Amendment of r 108 (Application of pt 5) Rule 108— insert— ‘(d) under a safety Act provision.’. 27 Replacement of rr 109–111 Rules 109 to 111— omit, insert— ‘109 Record for particular appeals ‘ (1) This rule applies to an appeal from a decision— (a) of the commission; or (b) of the registrar; or (c) appealable under a safety Act provision; or

s 27 15 s 27 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 (d) appealable under the TrainingandEmploymentAct2000 , section 230. ‘ (2) The record for the appeal consists of the following— (a) the application to appeal, or notice of appeal under a safety Act provision; (b) any of the following that is the subject of the appeal— (i) an order; (ii) an industrial instrument; (iii) a training contract; (iv) a registered training contract; (v) a completion certificate; (vi) a qualification or statement of attainment; (vii) a declaration, variation of a declaration or refusal to vary a declaration of a prohibited employer; (viii)a written refusal by the council to approve the temporary stand down of an apprentice or trainee from his or her apprenticeship or traineeship; (c) a notice to show cause under rule 120B(2) or 201(2) 15 relating to the proceeding in which the decision was made; (d) a notice to show cause under section 233(7) 16 of the Act relating to the decision; (e) a notice to show cause under the TrainingandEmploymentRegulation 2000, section 25 17 relating to the decision; (f) any written representations made in response to a notice to show cause mentioned in paragraph (c) to (e); 15 Rule 120B (Striking out application to appeal by released appellant after at least 2 month’s delay) or 201 (Striking out proceeding after at least 1 year’s delay) 16 Section 233 (Enforcing commission’s orders) of the Act 17 Training and Employment Regulation 2000 , section 25 (Show cause notice)

s 27 16 s 27 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 (g) an information notice for the decision given under the Trainingand Employment Act 2000 , section 230(3); 18 (h) the decision, including the reasons for the decision; (i) any published reasons for the decision; (j) an industrial instrument or statement of principle mentioned in the decision, including reasons; (k) if the decision was made in a proceeding— (i) a transcript or notes of oral evidence made in the proceeding; and (ii) any list of exhibits, and each exhibit, in the proceeding; and (iii) an affidavit or statement of evidence in the proceeding. ‘ (3) The court or commission may direct that the record be supplemented by other material. ‘ (4) Any party to the appeal may seek a direction under subrule (3). ‘110 Application for stay of decision under appeal ‘ (1) In this rule— “stay of a decision under appeal” means any of the following— (a) an order that a decision be stayed under section 347 19 of the Act; (b) an order that a decision be stayed under the TrainingandEmployment Act 2000 , section 231; 20 (c) a stay of a decision under the ElectricalSafetyAct2002 , section 171 or 174; 21 18 Training and Employment Act 2000 , section 230 (Appeal to industrial commission against council or other decisions) 19 Section 347 (Stay of decision appealed against) of the Act 20 Training and Employment Act 2000 , section 231 (Stay of decision being appealed) 21 Electrical Safety Act 2002 , section 171 (Stay of operation of original decision) or 174 (Stay of operation of decisions)

s 27 17 s 27 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 (d) a stay of a decision under the Workplace Health and Safety Act1995 , section 151 or 154 . 22 ‘ (2) An application for a stay of a decision under appeal must— (a) be in the approved form; and (b) include— (i) details of the interest of the applicant; and (ii) any other facts and circumstances relevant to the exercise of the jurisdiction of the tribunal. ‘ (3) An application for a stay of a decision under appeal must not form part of— (a) an application for leave to appeal; or (b) an application to appeal. ‘111 Service of application ‘ (1) This rule applies to— (a) an application to appeal; or (b) an application for leave to appeal; or (c) an application for a stay of a decision under appeal; or (d) a notice of appeal under a safety Act provision. ‘ (2) The appellant must, within 7 days after the day the application or notice is filed, serve the application or notice on— (a) all respondents to the appeal; and (b) anyone else the appeal tribunal may direct. ‘ (3) The appellant must file an affidavit of service of the application or notice within 7 days after the day of service. ‘ (4) If the council is a respondent to the appeal, it is enough for subrule (2) if the appellant serves the application on the council.’. 22 Workplace Health and Safety Act 1995 , section 151 (Stay of operation of original decisions) or 154 (Stay of operation of decisions)

s 28 18 s 29 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 28 Amendment of r 112 (Service of application if respondent is the council) Rule 112(2)— omit, insert— ‘ (2) The council must serve a copy of the following documents on the appellant and any other person who may be directly affected by the relief sought in the appeal— (a) a document mentioned in rule 109(2)(b), (e), (g), or (h); (b) written representations made in response to a notice to show cause under the TrainingandEmploymentRegulation2000 , section 25 relating to the decision being appealed.’. 29 Replacement of r 114 (Application to appeal to court, full bench or commission) Rule 114— omit, insert— ‘114 Application to appeal other than from industrial magistrate ‘An application 23 starting an appeal to the court, full bench or commission (an “application to appeal” ), other than an appeal from a decision of an industrial magistrate, must 24 — (a) be filed; and (b) state the name and last known address of each respondent or other party; and (c) state whether the appeal is from all or part (and which part) of the decision appealed from; and (d) state concise grounds of the appeal; and (e) state the decision the appellant wants instead of the decision appealed from; and 23 See rule 3A (What a reference to application or applicant includes) and rule 7 for a notice of appeal starting an appeal under a safety Act provision. 24 See rule 7(1) for the required form of an application starting an appeal.

s 30 19 s 31 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 (f) if the appeal is from a decision of the full bench—state whether the president was a member of the full bench.’. 30 Amendment of r 117 (Response) Rule 117(2)— omit, insert— ‘ (2) The response must be served on all other parties within 21 days after the day of service of the application or the further time the full bench may allow.’. 31 Replacement of pt 5, div 3, hdg and rr 119 and 120 Part 5, division 3, heading and rules 119 and 120— omit, insert— ‘119 Application to appeal from industrial magistrate ‘An application to appeal from a decision of an industrial magistrate must 25 — (a) be filed in the Magistrates Court at the place where the decision was made; and (b) state the grounds of the appeal. ‘120 Industrial magistrate may order appellant’s release from custody ‘ (1) This rule applies to an appellant to an appeal from a decision of an industrial magistrate. ‘ (2) If the appellant is in custody only in relation to the subject matter of the proceeding in which the decision was made, an industrial magistrate may order the appellant’s release from custody. 25 See rule 7(1) for the required form of an application to appeal.

s 31 20 s 31 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 ‘120A Form of arrest warrant ‘A warrant under section 341(4) 26 of the Act must be in the approved form. ‘120B Striking out application to appeal by released appellant after at least 2 month’s delay ‘ (1) This rule applies if— (a) an application to appeal from a decision of an industrial magistrate has been filed; and (b) the appellant has been released from custody under rule 120; and (c) no action has been taken for at least 2 months since the later of the following— (i) the registrar’s receipt of the application; (ii) the last action was taken in the application. ‘ (2) The registrar may, by written notice, require the appellant to show cause in writing, within 21 days after the day the notice is given, why the application should not be struck out. ‘ (3) The notice must state a warning that if the appellant does not show cause within the time stated in the notice, the application may be struck out. ‘ (4) The appellant’s response to the notice to show cause must— (a) state the steps taken in the proceeding in which the decision appealed from was made; and (b) explain the circumstances of the delay; and (c) state the steps (including a timetable) proposed to be taken to progress the proceeding; and (d) state any prejudice suffered or likely to be suffered by another party to the proceeding if the proceeding is not struck out; and (e) state the merits of the proceeding; and 26 Section 341 (Appeal from commission, magistrate or registrar) of the Act

s 32 21 s 32 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 (f) state why the registrar or court should not strike out the application despite the delay. ‘ (5) After considering any response by the appellant to the notice to show cause, the registrar may do 1 of the following— (a) strike out the application; (b) list the matter of showing cause for hearing before the court, with or without directions; (c) list the application for hearing, with or without directions; (d) make another order dealing with the application the registrar considers appropriate. ‘ (6) On a hearing of the matter of showing cause, the court may do 1 of the following— (a) strike out the application; (b) list the application for hearing, with or without directions; (c) make another order dealing with the application the court considers appropriate. ‘ (7) The striking out by the court or registrar of the application also disposes of any other application in the proceeding that has not been disposed of, other than in relation to costs. ‘ (8) If the application is struck out, the registrar must give the parties written notice that the court or registrar has struck out the application.’. 32 Amendment of r 121 (Documents) (1) Rule 121, heading— omit, insert— ‘121 Clerk of court to send documents to registrar ’. (2) Rule 121(c)— omit. (3) Rule 121(d) to (g)— renumber as rule 121(c) to (f).

s 33 22 s 35 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 33 Insertion of new rr 121A and 121B Part 6, before rule 122— insert— ‘121A Application for order for payment instead of long service leave ‘An application under section 53(3) 27 of the Act must— (a) be in the approved form; and (b) state the grounds on which the application is made. ‘121B Application for order for payment of proportionate payment for long service leave ‘ (1) This rule applies to an application under section 278 28 of the Act for an order for payment of that part of an employee’s unpaid wages that are for long service leave payable under section 43(3) 29 of the Act. ‘ (2) The application must— (a) be in the approved form; and (b) state the grounds on which the application is made.’. 34 Amendment of r 122 (Application for order ensuring equal remuneration for work of equal or comparable value) Rule 122(2), after ‘affidavit’— insert— ‘contained in or’. 35 Amendment of r 125 (Application for order about severance and other separation benefits) Rule 125(2), from ‘employees’ to ‘affidavit’— 27 Section 53 (Payment instead of long service leave) of the Act 28 Section 278 (Power to recover unpaid wages and superannuation contribution etc.) of the Act 29 Section 43 (Entitlement) of the Act

s 36 23 s 37 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 omit, insert— ‘an employee to be covered by the order, an affidavit contained in or’. 36 Amendment of r 126 (Application for order for contravention of Act, s 88) (1) Rule 126, heading, ‘ 88 ’— omit, insert— ‘ 90 ’. (2) Rule 126(1), ‘section 88’— omit, insert— ‘section 90 30 ’. (3) Rule 126(2)— omit, insert— ‘ (2) If the application is made by an organisation whose rules entitle the organisation to represent the industrial interests of an employee to be covered by the order, an affidavit contained in or accompanying the application must state— (a) the name of the organisation; and (b) the facts it is alleged constitute the contravention of section 90 of the Act.’. 37 Amendment of r 127 (Application for order for contravention of Act, s 89) (1) Rule 127, heading, ‘ 89 ’— omit, insert— ‘ 90A ’. (2) Rule 127(1), ‘section 89’— omit, insert— 30 Section 90 (Employer must give notice of proposed dismissals) of the Act

s 38 24 s 39 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 ‘section 90A 31 ’. (3) Rule 127(2)— omit, insert— ‘ (2) If the application is made by an organisation whose rules entitle the organisation to represent the industrial interests of an employee to be covered by the order, an affidavit contained in or accompanying the application must state— (a) the name of the organisation; and (b) the facts it is alleged constitute the contravention of section 90A of the Act.’. 38 Amendment of r 131 (Application for order about prohibited conduct) Rule 131(2)— omit, insert— ‘ (2) The application must contain or be accompanied by an affidavit stating— (a) the section of the Act under which it is alleged that prohibited conduct has been engaged in; and (b) the facts it is alleged constitute engaging in prohibited conduct, including the prohibited reason 32 alleged.’. 39 Amendment of r 131B (Making or amending awards that relate to remuneration of employees) Rule 131B, after ‘affidavit’— insert— ‘contained in or’. 31 Section 90A (Employer must consult with employee organisations about dismissals) of the Act 32 See section 104 (Meaning of “engaging in” conduct for a “prohibited reason” for ch 4) of the Act

s 40 25 s 42 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 40 Amendment of r 132 (Exemptions) (1) Rule 132, before ‘An application’— insert— ‘ (1) ’. (2) Rule 132(2), after ‘affidavit’— insert— ‘contained in or’. 41 Amendment of r 133 (Advice of intention to begin negotiations for a project agreement) Rule 133, after ‘filed’— insert— ‘in the approved form’. 42 Replacement of r 134 (Application for certificate as to requested representation) Rule 134— omit, insert— ‘134 Application for certificate as to requested representation ‘ (1) An application under section 152(1) or (2) 33 of the Act in relation to a proposed certified agreement must— (a) be made before the agreement is made; and (b) be in the approved form. ‘ (2) An affidavit contained in or accompanying an application under section 152(1) of the Actby an employee organisation in relation to a proposed certified agreement must— (a) state— (i) the name, address and membership number of each employee who has requested the organisation to represent 33 Section 152 (Certificate as to requested representation) of the Act

s 42 26 s 42 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 the employee in negotiating with the employer about the proposed agreement; and (ii) the date of the request; and (iii) the calling of each employee; and (iv) the name of the proposed agreement; and (b) if the request is written—attach a copy of the request. ‘ (3) An applicant under section 152(1) of the Actmust not serve an affidavit under subrule (2) on the employer. ‘ (4) An affidavit contained in or accompanying an application under section 152(2) of the Actby an employer in relation to an employee organisation and a proposed certified agreement must state the following— (a) the name and address of each employee who has withdrawn a request for the organisation to represent the employee in negotiating with the employer about the proposed agreement; (b) the date of the withdrawal; (c) the name and address of each employee (a “former relevant employee” ) who— (i) has requested the organisation to represent the employee in negotiating with the employer about the proposed agreement; and (ii) stopped being a relevant employee after the request; (d) how the former relevant employee stopped being a relevant employee. Examples of paragraph (d) — • the former relevant employee has stopped being employed by the employer • the former relevant employee has been promoted to a position in which his or her employment is not subject to the proposed agreement. ‘ (5) A certificate under section 152(1) or (2) of the Act must be in the approved form.’.

s 43 27 s 45 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 43 Replacement of r 138 (Application for decision about designated award) Rule 138— omit, insert— ‘138 Application for decision about designated award ‘An application under section 163(2) 34 of the Act in relation to a proposed certified agreement must— (a) be in the approved form; and (b) nominate an award (regulating employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement) that the applicant considers is appropriate for deciding whether the agreement passes the no-disadvantage test.’. 44 Amendment of r 139 (Application for certification) Rule 139(1)(b)— omit, insert— ‘(b) be signed by or for the applicant; and’. 45 Amendment of r 141 (Application to extend certified agreement) (1) Rule 141(2), ‘accompanied by an affidavit by each applicant’— omit, insert— ‘accompanied by an affidavit’. (2) Rule 141(3), ‘, amendment’— omit. (3) Rule 141(4), ‘and amendment’— omit. 34 Section 163 (Deciding designated awards) of the Act

s 46 28 s 48 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 46 Amendment of r 142 (Application to amend certified agreement) Rule 142(2), ‘by each applicant’— omit. 47 Amendment of r 143 (Determination made under s 149) Rule 143, heading, after ‘ under ’— insert— ‘ Act, ’. 48 Replacement of r 144 (Notice of termination of agreement) Rule 144— omit, insert— ‘144 Notice terminating certified agreement on or before its nominal expiry date and application for approval of termination ‘ (1) A notice under section 172(1) 35 of the Act must be in the approved form. ‘ (2) An application for approval under section 172(2) of the Act of the termination of a certified agreement must be in the approved form. ‘ (3) The application must be accompanied by an affidavit stating that a valid majority of the relevant employees at the time approve of the agreement’s termination. ‘144A Notice of intention to terminate certified agreement after its nominal expiry date and application to terminate ‘ (1) An application for approval under section 173(1) 36 of the Act of the termination of a certified agreement must be in the approved form. ‘ (2) A notice under section 173(2) of the Act must be in the approved form.’. 35 Section 172 (Terminating certified agreement on or before its nominal expiry date) of the Act 36 Section 173 (Terminating agreement after its nominal expiry date) of the Act

s 49 29 s 52 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 49 Replacement of r 145 (Application for determination of designated award) Rule 145— omit, insert— ‘145 Application for decision about designated award ‘An application under section 212(2) 37 of the Act in relation to a proposed QWA must— (a) be in the approved form; and (b) nominate the award (regulating employment conditions of employees engaged in a similar kind of work as the person under the QWA) that the applicant considers is appropriate for deciding whether the QWA passes the no-disadvantage test.’. 50 Amendment of r 149 (Notice of industrial dispute) Rule 149(1), after ‘must’— insert— ‘be in the approved form and’. 51 Amendment of r 150 (Applications for order for contravention of Act, s 238) Rule 150(2), after ‘affidavit’— insert— ‘contained in or’. 52 Insertion of new pts 13A–13C After rule 153— insert— 37 Section 212 (Deciding designated awards) of the Act

s 52 30 s 52 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 ‘PART 13A—APPLICATION FOR ORDER FOR REPAYMENT OF FEE RECEIVED BY PRIVATE EMPLOYMENT AGENT ‘153A Application for order for repayment of fee ‘An application under section 408F(1) 38 of the Act must— (a) be in the approved form; and (b) state the facts it is alleged constitute the contravention of section 408D(1) or (2) 39 of the Act. ‘PART 13B—APPLICATION FOR ORDER ON CONTRAVENTION OF ELECTRICAL SAFETY UNDERTAKING ‘153B Application for order under Electrical Safety Act 2002, s 54 ‘ (1) An application for an order under the ElectricalSafetyAct2002, section 54(2) 40 in relation to an electrical safety undertaking must— (a) be in the approved form; and (b) state the facts it is alleged constitute the contravention of the undertaking; and (c) state whether the identified person for the undertaking is being prosecuted for the offence of contravening the undertaking. ‘ (2) In this rule— “electrical safety undertaking” see the ElectricalSafetyAct2002 , schedule 2. 38 Section 408F (Commission may order repayment of fees received by private employment agent) of the Act 39 Section 408D (When fees are or are not payable to private employment agent) of the Act 40 ElectricalSafetyAct2002, section 54 (Contravention of electrical safety undertaking)

s 53 31 s 53 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 “identified person” , for an electrical safety undertaking, see the ElectricalSafety Act 2002 , schedule 2 . ‘PART 13C—APPLICATION FOR ORDER ON CONTRAVENTION OF WORKPLACE HEALTH AND SAFETY UNDERTAKING ‘153C Application for order under Workplace Health and Safety Act1995, s 42I ‘ (1) An application for an order under the Workplace Health and SafetyAct1995, section 42I(2) 41 in relation to a workplace health and safety undertaking must— (a) be in the approved form; and (b) state the facts it is alleged constitute the contravention of the undertaking; and (c) state whether the identified person for the undertaking is being prosecuted for the offence of contravening the undertaking. ‘ (2) In this rule— “identified person” , for a workplace health and safety undertaking, see the Workplace Health and Safety Act 1995 , schedule 3 . “workplace health and safety undertaking” see the WorkplaceHealthand Safety Act 1995 , schedule 3.’. 53 Amendment of r 160 (Application about validity of, or compliance with, rules) Rule 160, before ‘approved form’— insert— ‘chapter 12’. 41 Workplace Health and Safety Act 1995 , section 42I (Contravention of workplace health and safety undertaking)

s 54 32 s 55 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 54 Amendment of r 162 (Application for approval to amend name under Act, s 473) Rule 162(e)— omit, insert— ‘(e) be under the organisation’s seal or be signed by 2 of the organisation’s officers authorised to sign the application; and’. 55 Amendment of r 164 (Application for approval of other amendment to rules) (1) Rule 164, ‘section 477’— omit, insert— ‘section 478 42 ’. (2) Rule 164(b), ‘show’— omit, insert— ‘state’. (3) Rule 164(e)— omit. (4) Rule 164(c) and (d)— renumber as rule 164(d) and (e). (5) Rule 164— insert— ‘(c) state that the amendment does not contravene the Act, another law or an industrial instrument; and’. (6) Rule 164— insert— ‘(f) be under the organisation’s seal or be signed by 2 of the organisation’s officers authorised to sign the application.’. 42 Section 478 (When amendment may be made) of the Act

s 56 33 s 58 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 56 Replacement of r 165 (Notice of objection to amendment of name or eligibility rules or change of callings) Rule 165— omit, insert— ‘165 Notice of objection to particular decisions and response to objection ‘ (1) A notice of objection under section 27(5) 43 of the regulation must be in the approved form. ‘ (2) A response under section 29 44 of the regulation to an objection must be in the approved form.’. 57 Amendment of r 168 (Application for exemption if federal ballot held) (1) Rule 168, after ‘election’— insert— ‘for a stated office or offices’. (2) Rule 168(b), before ‘counterpart’— insert— ‘applicant’s’. 58 Amendment of r 169 (Application for exemption from keeping officers and members register) Rule 169, heading, ‘ officers and members ’— omit, insert— ‘ members or officers ’. 43 Section 27 (Who may object—Act, s 654) of the regulation 44 Section 29 (Answering objections—Act, s 654) of the regulation

s 59 34 s 59 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 59 Amendment of r 170 (Application for exemption from accounting or audit provisions) Rule 170(b) and (c)— omit, insert— ‘(b) be accompanied by a copy of the most recent report, accounts, statements and other documents lodged, under the continued section 280 of the Commonwealth Act, for the applicant’s counterpart federal body, certified by the president or secretary of the counterpart federal body as being a true copy; and (c) be accompanied by a copy of a letter from the registry of the Australian Commission to the applicant’s counterpart federal body acknowledging the filing of the documents in the registry of the Australian Commission; and (d) state that the applicant’s counterpart federal body is not a body for which a certificate has been issued under the continued section 285 of the Commonwealth Act. ‘ (2) In this rule— “continued section 280 of the Commonwealth Act” means the Commonwealth Act, section 280 45 as continued by the transitional provision. “continued section 285 of the Commonwealth Act” means the Commonwealth Act, section 285 46 as continued by the transitional provision. “transitional provision” means the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002 (Cwlth) schedule 1, section 47. 47 ’. 45 Commonwealth Act, section 280 (Reports etc. to be lodged in Industrial Registry) 46 Commonwealth Act, section 285 (Accounts and audit where income of organisation less than certain amount) 47 WorkplaceRelationsLegislation Amendment(Registrationand AccountabilityofOrganisations)(ConsequentialProvisions)Act2002 , schedule 1 (Transitional provisions) section 47 (Accounts and audit—continued application of division 11 of part IX of WR Act)

s 60 35 s 63 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 60 Amendment of r 171 (Application for exemption from accounting or audit obligations for an employer organisation that is a corporation) (1) Rule 171(b)— omit, insert— ‘(b) be accompanied by a copy of the most recent financial report, director’s report and auditor’s report lodged by the applicant under the Corporations Act or another law that imposes accounting and audit obligations on the organisation.’. (2) Rule 171— insert— ‘ (2) Each copy must be certified by the applicant’s president or secretary as a true copy of the most recent financial report, director’s report or auditor’s report lodged by the applicant under the Corporations Act or another stated law.’. 61 Amendment of r 176 (Application for exemption—number of members) Rule 176, before ‘approved form’— insert— ‘chapter 12’. 62 Amendment of r 177 (Application for amalgamation ballot exemption—recognising federal ballot) Rule 177, before ‘approved form’— insert— ‘chapter 12’. 63 Amendment of r 179 (Application for an exemption from holding a withdrawal ballot—recognising federal ballot) Rule 179, before ‘approved form’—

s 64 36 s 66 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 insert— ‘chapter 12’. 64 Omission of r 196 (Direction about confidential material tendered in evidence—Act, s 679(5)) Rule 196— omit. 65 Amendment of r 200 (Continuation of proceeding after 6 months delay) Rule 200(1)(a)— omit, insert— ‘(a) an application starting a proceeding has been filed; and’. 66 Replacement of r 201 (Lapse of proceedings after 1 year’s delay) Rule 201— omit, insert— ‘200A Lapse of proceeding after at least 1 year’s delay ‘ (1) This rule applies if— (a) an application starting a proceeding has been filed; and (b) no action has been taken for at least 1 year since the last action was taken in the application. ‘ (2) A party may only take further action in the application with an order of the court, commission or registrar. ‘ (3) An application for an order under subrule (2) must— (a) be in the approved form; and (b) state the steps taken in the proceeding; and (c) explain the circumstances of the delay; and (d) state the steps (including a timetable) proposed to be taken to progress the proceeding; and

s 66 37 s 66 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 (e) state any prejudice suffered or likely to be suffered by another party to the proceeding if the application is not struck out; and (f) state the merits of the proceeding; and (g) state why the court, commission or registrar should make the order despite the delay. ‘201 Striking out proceeding after at least 1 year’s delay ‘ (1) This rule applies if— (a) an application starting a proceeding has been filed; and (b) no action has been taken for at least 1 year since the last action was taken in the application. ‘ (2) The registrar may, by written notice, require the applicant to show cause in writing, within 21 days after the day the notice is given, why the application should not be struck out. ‘ (3) The notice must state a warning that if the applicant does not show cause within the time stated in the notice, the application may be struck out. ‘ (4) The applicant’s response to the notice to show cause must— (a) state the steps taken in the proceeding; and (b) explain the circumstances of the delay; and (c) state the steps (including a timetable) proposed to be taken to progress the proceeding; and (d) state any prejudice suffered or likely to be suffered by another party to the proceeding if the application is not struck out; and (e) state the merits of the proceeding; and (f) state why the court, commission or registrar should not strike out the application despite the delay. ‘ (5) After considering any response by the applicant to the notice to show cause, the registrar may do 1 of the following— (a) strike out the application; (b) list the matter of showing cause for hearing, with or without directions, before—

s 67 38 s 68 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 (i) if the application is to be decided by the court—the court; or (ii) if the application is to be decided by the commission—the commission; or (iii) if the application is to be decided by the registrar—the registrar; (c) list the application for hearing, with or without directions; (d) make another order dealing with the application the registrar considers appropriate. ‘ (6) On a hearing of the matter of showing cause the court, commission or registrar may do 1 of the following— (a) strike out the application; (b) list the application for hearing, with or without directions; (c) make another order dealing with the application the court, commission or registrar considers appropriate. ‘ (7) The striking out by the court, commission or registrar of the application also disposes of any other application in the proceeding that has not been disposed of, other than in relation to costs. ‘ (8) If the application is struck out, the registrar must give the parties written notice that the court, commission or registrar has struck out the application.’. 67 Amendment of r 201A (Vacations and holidays) Rule 201A, ‘commissioner administrator’— omit, insert— ‘vice president’. 68 Insertion of new r 203 After rule 202— insert—

s 69 39 s 69 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 ‘203 Transitional provision for Industrial Relations (Tribunals) Amendment Rule (No. 2) 2003 ‘ (1) For an appeal mentioned in the old rule 109 started before the commencement of this rule, the record for the appeal under the old rule 109 is taken to be the record for the appeal under rule 109. ‘ (2) An application for an order under the old rule 201(2) that has not been decided before the commencement of this rule must be decided as if the old rule 201(2) and (3) were still in force. ‘ (3) Subrule (4) applies if the registrar has required an applicant to show cause under the old rule 201(4) and no action has been taken under the old rule 201(7) for the application. ‘ (4) The requirement continues and must be dealt with as if the old rule 201(6) to (8) were still in force. ‘ (5) In this rule— “old rule 109” means rule 109 48 as in force immediately before the commencement of this rule. “old rule 201” means rule 201 49 as in force immediately before the commencement of this rule.’. 69 Amendment of sch 2 (Dictionary) Schedule 2— insert— ‘ “application to appeal” see rule 114. “leave to appeal” means leave under section 342 50 of the Act. “safety Act provision” means— 48 Old rule 109 (Record for appeal) 49 Old rule 201 (Lapse of proceedings after 1 year’s delay) 50 Section 342 (Appeal from commission, magistrate or registrar) of the Act

s 69 40 s 69 Industrial Relations (Tribunals) Amendment Rule No. 320, 2003 (No. 2) 2003 (a) the Electrical Safety Act 2002 , section 172 or 173; 51 or (b) the Workplace Health and Safety Act 1995 , section 152 or 153. 52 “stay of a decision under appeal” see rule 110(1).’. ENDNOTES 1. Made by the Governor in Council on 4 December 2003. 2. Notified in the gazette on 5 December 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Industrial Relations. © State of Queensland 2003 51 Electrical Safety Act 2002 , section 172 (Appeal) or 173 (How to start appeal) 52 WorkplaceHealthandSafetyAct1995 , section 152 (Who may appeal?) or 153 (How to start appeal)