INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
PRACTICE NOTE NO. 8A
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First Issue Date:
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29 May 2003
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Re-Issue Date:
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1 February 2010
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Re-issued pursuant to Section 185A of the Industrial
Relations Act 1996 and Section 15 of the Civil Procedure Act 2005.
MAJOR INDUSTRIAL
CASES
1. The purposes of
this Practice Note are:
(a) to enable prompt
and timely notice to be provided to the Commission of the likelihood of the
commencement of a major industrial case and thereby to ensure, as far as
practicable, the effective use of the Commission's resources in respect of such
cases.
(b) to emphasise the
importance of prompt and timely notice being provided to the Commission of the
likelihood of the commencement of a major industrial case and that failure to
give notice of a matter which is or may be a major industrial case in terms of
this Practice Note may, and is likely to, affect the priority that the
Commission is able to afford to the matter.
2. This Practice
Note has effect from the date of re-issue.
3. For the purpose
of this Practice Note:
(A) "Commission"
means the Industrial Relations Commission of New South Wales
(B) The term
"major industrial case" shall include, without limiting its
generality:
(a) any application
within the arbitral jurisdiction of the Commission which could reasonably be
expected to be heard by a Full Bench of the Commission pursuant to:
(i) section 51
"Making of State decisions" of the Act;
(ii) the Special
Case principle;
(iii) or the Equal
Remuneration principle, and which is likely to require five or more hearing
days; and
(b) any other Full
Bench arbitral proceeding which, because of its importance, or other special
feature, is appropriate for consideration for listing on an expedited or
priority basis.
(C) The word
"Act" means the Industrial Relations Act 1996.
4. When a
registered industrial organisation, or other person or organisation entitled
under section 11(2) of the Act to make such application, determines to make an
application in respect of a major industrial case it shall thereupon give
notice in writing to the Industrial Registrar of its intention to do so.
5. The notice
referred to in paragraph 4:
(a) shall be given
as soon as practicable after the determination to make the application has been
made;
(b) shall be served
on every other party to the affected award or awards and on every other person,
organisation, corporation or firm which is likely to have an interest in the
application;
(c) shall include
particulars of the nature of the application; a statement as to its
significance or importance for the purpose of determining its appropriate
priority; details of the persons, organisations etc upon whom or which the
notice is to be served; the estimated or likely date when the application will
be filed; the estimated time of hearing of the application and any other
matters which the applicant considers would assist the Commission to program
the matter.
6. The Registrar,
upon receipt of the said notice, shall forthwith refer it to the President of the
Commission.
7. The President,
upon receipt of the notice, shall determine whether a conference of the parties
under the auspices of the Commission shall be convened.
8. A conference
convened pursuant to paragraph 7 shall be chaired by the President or a
Presidential Member of the Commission nominated by the President. The conference may only deal with:
(a) the programming
and priority of the matter; and
(b) whether it is
appropriate to make a Member of the Commission available for the conciliation
and case management of the matter.
9. Notwithstanding
paragraph 8, if the notice to the Commission or the information received by the
Commission during the conference indicates that there exists an industrial
dispute (including a threatened or likely dispute or industrial action) in
respect of the application or proposed application, the matter or dispute may
be dealt with pursuant to section 130 of the Act.
10. Parties should
note that failure to give notice of a matter which is or may be a major industrial
case in terms of this Practice Note may, and is likely to, affect the priority
that the Commission is able to afford to the matter.
Boland J, President
1 February 2010
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Printed by
the authority of the Industrial Registrar.