INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
PRACTICE NOTE NO. 26
Pursuant to Section 185A of the Industrial Relations Act
1996 and Section 15 of the Civil Procedure Act 2005
1. The purpose of
this Practice Direction is to facilitate the resolution of section 146B matters
brought before the Industrial Relations Commission of New South Wales by
ensuring that such proceedings are conducted before the Commission in an
efficient and expeditious manner and that practitioners and others who appear
before the Commission do all they can to facilitate the just, quick and cost
effective disposal of such proceedings.
2. This Practice
Direction will become effective on the date of issue.
Manner of bringing a s146B Dispute Settlement Procedure
before the Commission.
3. Parties who
wish to bring a Dispute Settlement Procedure before the Commission under s146B
shall do so by means of a dispute notification as provided by Form 2x -
Application to have a Dispute Settlement Procedure Conducted. A copy of Form 2x
is annexed.
Standard Directions
4. The following
standard directions apply in respect of matters listed pursuant to a s146B
Dispute Settlement Procedure:
a. The notifier
will ensure that a copy of the Dispute Settlement Procedure is provided when
the matter comes before the Commission, if a copy has not already been annexed
to the dispute settlement procedure notification.
b. Each party will
have a representative attending the Commission who is fully conversant with the
matter and who has full authority in relation to the settlement of the matter.
c. If the parties
have agreed that the Commission is to exercise functions in respect of which
standard directions or procedures have been established by the Commission (by Practice
Direction or otherwise) those directions or procedures will apply to the
proceedings.
R. P. Boland J, President
30 June 2010
____________________
Printed by
the authority of the Industrial Registrar.
Form
2x—Application to have a Dispute Settlement Procedure conducted
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BEFORE THE
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
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IRC MATTER NO:
2010/
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APPLICATION FOR IRC OF
NSW TO DEAL WITH A DISPUTE IN ACCORDANCE WITH A DISPUTE SETTLEMENT PROCEDURE
Industrial Relations Act 1996, section 146B
Applicant
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Name:
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Address:
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Suburb:
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State:
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Postcode:
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Contact person:
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ABN:
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Title:
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Mr
Mrs Ms
Other specify:
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Contact details for the Applicant or contact person (if one is
specified):
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Telephone:
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Mobile:
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Facsimile:
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Email:
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Applicant’s
representative (if any)
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Name:
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ABN: If applicable
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Address:
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Suburb:
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State:
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Postcode:
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Contact person:
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Telephone:
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Mobile:
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Facsimile:
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Email:
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Respondent(s)
(Party/Parties with whom the Applicant is in dispute)
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Name:
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ABN: If known
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Address:
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Suburb:
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State:
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Postcode:
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Contact person:
If known
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Telephone:
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Mobile:
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Facsimile:
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Email:
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1. What
is the industry of the employer?
Specify
industry.
2. Relevant
instrument:
The dispute is referred to IRC of NSW pursuant to a dispute settlement procedure in:
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Name of instrument:
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Type of instrument:
Tick
the appropriate box.
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enterprise agreement (made under the Fair Work Act 2009 after 1 July 2009);
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workplace agreement (made under the Workplace Relations Act 1996 after 26
March 2006);
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certified agreement (made under the Workplace Relations Act 1996 on or
before 26 March 2006);
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AWA, ITEA or an individual preserved state
agreement;
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contract of employment or other written agreement
with a procedure for dealing with disputes in relation to the NES or a safety
net contractual entitlement;
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other (please specify):
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Please attach a copy of the dispute settlement procedure.
3. Clauses
to which the dispute relates:
List the clause(s) in the relevant
instrument (and, if also relevant, the NES) to which the dispute relates.
4. What is
the dispute about?
Using numbered paragraphs, set out a
description of what the dispute is about, including by reference to the clauses
set out above.
5. Relief sought:
If IRC of NSW
has a power of arbitration, specify the determination(s) sought.
6. Steps already taken under dispute settlement procedure:
Set out, in chronological order, the steps
already taken (if any) under the dispute settlement procedure.
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Date:
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Signature:
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Name:
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Capacity/Position:
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Service requirements
This
application must be served on the named Respondent(s) to the dispute as soon as
practicable after the document is lodged with the NSW IRC.
Note: Part 10 of the Uniform
Civil Procedure Rules 2005 (NSW) outlines the requirements of service.