INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
PRACTICE NOTE NO. 3
First Issue Date:
|
16 December 1998
|
Re-Issue Date:
|
1 February 2010
|
Re-issued pursuant to Section 185A of the Industrial
Relations Act 1996 and Section 15 of the Civil Procedure Act 2005.
CERTIFICATION OF
ENTERPRISE AGREEMENTS
(1) The purpose of
this Practice Note is to provide for certification of enterprise agreements and
the provision on request of certified copies.
(2) This Practice
Note has effect from the date of re-issue.
(3) Where, in any
proceedings before the Industrial Relations Commission of New South Wales
("the Commission") for approval of an enterprise agreement after the
commencement of this Practice Note, a party makes application for a certificate
to be issued pursuant to this Practice Note, the Industrial Registrar shall,
not later than 28 days from the date of approval of the enterprise agreement,
issue to the parties a certificate in terms of Schedule A hereto.
(4) Where the
Commission has, at any time, approved an enterprise agreement, any party to the
application for approval of that agreement may apply to the Industrial
Registrar for the issue of a certificate pursuant to this Practice Note. The
Industrial Registrar shall, within 28 days of the receipt of the application
for a certificate, or within 28 days from the date of the enterprise agreement
being entered into the Register pursuant to section 45 of the Industrial
Relations Act 1996 (whichever is later), issue a certificate in terms of
Schedule A hereto.
(5) Paragraphs (3)
and (4) are subject to any directions of the Member of the Commission made
during the hearing of the proceedings for approval of the enterprise agreement.
(6) A party
requesting the certificate shall supply to the Industrial Registrar such number
of copies of the agreement as the Industrial Registrar directs and shall supply
such copies in a form that satisfies the Industrial Registrar that they are
true copies of the agreement approved by the Commission.
(7) Unless the
requirements of paragraph (6) are satisfied, provision of the certificate is
subject to payment of the fees for copies of documents set out in Schedule 1 of
the Industrial Relations (General) Regulation 1996.
Boland J, President
1 February 2010
SCHEDULE A
In accordance with Practice Note No. 3, the Industrial
Registrar certifies that the Industrial Relations Commission of New South Wales
did on [date] approve the [name] Enterprise Agreement, a sealed copy of which
is attached hereto and marked "A".
Signed
Seal of Industrial
Registrar
Notation
Section 45 of the Industrial Relations Act 1996
requires that details of each enterprise agreement be published in the
Industrial Gazette as soon as practicable after the agreement is approved.
____________________
Printed by
the authority of the Industrial Registrar.