Queensland Subordinate Legislation as Made
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INDUSTRIAL RELATIONS (TRIBUNALS) RULES 2011 NO. 237
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
1. Short title
2. Commencement
3. Definitions
4. What a reference to application, application to appeal or applicant includes
5. Proceedings to which rules apply
6. Purpose of rules
Part 2--Proceedings before court, commission or registrar
Division 1--Application of pt 2
7. Application of pt 2
Division 2--Procedures
Subdivision 1--Starting proceedings
8. Starting proceedings
9. Who has carriage of proceeding
10. Form of applications
11. Form of affidavit for r 10(2)
12. Document starting proceeding, or application in existing proceeding, to state address, telephone and fax number
13. General requirements for documents for filing
14. Filing of documents
15. Ways of filing
16. Document becomes a record on filing
17. Change of address for service
Subdivision 2--Amendments
18. Amending an application before hearing
19. Form of amendments
20. Amending an application during hearing
21. Serving amended application
22. Objecting to amended application
23. Determination of amended application
Subdivision 3--Service
24. Who is to be served
25. Time for service
26. Service not allowed on certain days
27. Service after 4p.m.
28. Service of documents
29. How personal service is performed
30. Service of directions order on party
31. Service by an officer of the court
32. Substituted service
33. Informal service
34. Service on agent
35. Service by agreement
36. When affidavit of service is required
37. Form of affidavit of service
38. Identity of person served
39. Special requirements for service by fax
40. Service outside Queensland
Subdivision 4--Directions orders
41. Directions orders
42. Hearing of parties
43. Further directions
44. Hearing and deciding proceeding on application for directions
45. Failure to attend or to comply with directions order
46. Duty of disclosure
Subdivision 5--Response
47. Response to applications
Subdivision 6--Evidence and affidavits
48. Powers for evidence
49. Notice to admit facts or documents
50. Evidence on affidavit
51. Limitation of affidavit
52. Form of affidavit
53. Exhibits
54. Alterations
55. Certificate of reading or signature for person making affidavit
56. Time for filing affidavits
57. Scandalous or oppressive matter
Subdivision 7--Attendance notices
58. Issue of attendance notices
59. Requirements for attendance notice to produce
60. Inspection of document or thing produced under attendance notice
61. Setting aside attendance notice
62. Allowance for attendance and expenses
63. Production by non-party
64. Serving attendance notice
Subdivision 8--Hearing
65. Request for notice of hearing
66. Hearing in respondent's absence
67. Rehearing of proceeding heard in respondent's absence
Subdivision 9--Discontinuing proceeding
68. Discontinuance of applications other than under Act, s 74
69. Other discontinuance
Subdivision 10--Costs
70. Costs
Subdivision 11--Recovery of amounts under orders
71. Certificate under Act, s 336
Division 3--Commission's functions and powers
Subdivision 1--Applications under the Act
72. Application for declaration about industrial matter
73. Application for order declaring persons to be employees or employers
74. Application to amend or declare void contract
75. Application for injunction under Act, s 277
76. Application to recover unpaid wages and superannuation contribution etc.
77. Application for order about representation rights of associations or employee organisations
78. Application to reopen
79. Application to refer matter to full bench
80. Application for interpretation of industrial instrument
Subdivision 2--Applications and notices under other Acts
81. Application for injunction—Public Interest Disclosure Act 2010
82. Application for reinstatement of training contract cancelled by coercion—Vocational Education, Training and Employment Act 2000
83. Application for reinstatement order for injured worker—Workers' Compensation and Rehabilitation Act 2003
84. Application to disqualify health and safety representative—Work Health and Safety Act 2011
85. Application to revoke WHS entry permit—Work Health and Safety Act 2011
86. Show cause notice for WHS entry permit holder—Work Health and Safety Act 2011
87. Application to deal with dispute about WHS entry permit holder's right of entry—Work Health and Safety Act 2011
Division 4--Registrar's functions and powers
88. Powers
89. Notice of objection to proposed declaration—Trading (Allowable Hours) Act 1990
90. Application for WHS entry permit—Work Health and Safety Act 2011
Division 5--Practice
Subdivision 1--Court, commission or registrar
91. Using recording devices
92. Practice notes
93. Extension or shortening of time
94. Exhibits not to be taken out
95. Correcting errors
96. Continuance of proceedings—death of party
97. Publishing decisions etc.
Subdivision 2--Court or commission
98. Joining proceedings
99. Commission acting on own initiative
Subdivision 3--Registrar
100. Registrar may refer certain documents to court or commission
Part 3--Proceedings before magistrates
Division 1--Claims
101. Application of div 1
102. Starting a claim
103. Procedure
104. Summons
105. Substituted service
106. Alternative dispute resolution process
107. Onus of proof
108. Notice to admit facts or documents
109. Enforcement of order
110. Costs and expenses
Division 2--Proceeding for order under Electrical Safety Act 2002
111. Application for order—Electrical Safety Act 2002, s 54
Division 3--Proceedings for appeals
112. Starting an appeal
Division 4--Directions orders
113. Directions orders
114. Failure to attend or to comply with directions order
115. Duty of disclosure
Division 5--Attendance notices
116. Issue of attendance notice
117. Requirements for attendance notice to produce
118. Inspection of document or thing produced under attendance notice
119. Setting aside attendance notice
120. Allowance for attendance and expenses
121. Production by non-party
122. Serving attendance notice
Division 6--Adjournments
123. Adjournment
Part 4--Lawyers, agents and other representatives
124. Representation in proceedings
125. Notice of appointment of agent
126. Lawyer's notice of address for service
127. Withdrawal of appointment as lawyer or agent
128. Change of lawyer or agent
129. Making or signing documents for organisation or association
130. No representation by removed or suspended lawyers
Part 5--Appeals and WHS reviews
Division 1--General
131. What a reference to appellant includes for pt 5
132. Application of pt 5
133. Record for particular appeals and WHS reviews
134. Application for stay of decision under appeal or review
135. Service of applications
136. Service of application if respondent is Training and Employment Recognition Council
137. Failure to prosecute appeal or WHS review
Division 2--Review by commission
138. Application for WHS review
Division 3--Appeal to court or commission
139. Application to appeal, other than from magistrate or to full bench from registrar
140. Application for leave to appeal to full bench—Act, s 342(1) or (2)
141. Application for leave to appeal refused—Act, s 342(1) or (2)
142. Response to application for leave to appeal—Act, s 342(1) or (2)
143. Application to appeal to full bench from registrar—Act, s 342(6) or (7)
144. Application to appeal from magistrate—Act, s 341(2) or 342(5)
145. Magistrate may order appellant's release from custody
146. Form of arrest warrant—Act, s 341(4)
147. Striking out application to appeal by released appellant after at least 2 months delay
148. Clerk of Magistrates Court to send documents to registrar
Part 6--General employment conditions
149. Application for order for payment instead of long service leave
150. Application for order for payment of proportionate payment for long service leave
151. Application for order ensuring equal remuneration for work of equal or comparable value
Part 7--Dismissals
152. Application for reinstatement
153. Discontinuing application for reinstatement
154. Application for compensation order
155. Application for order about severance allowance and other separation benefits
156. Application for order for contravention of Act, s 90
157. Application for order for contravention of Act, s 90A
Part 8--Freedom of association
158. Application for exemption from membership
159. Application for order about prohibited conduct
Part 9--Awards
160. Application to make, amend or repeal awards
161. Application to make or amend awards that relate to remuneration of employees
162. Application for exemption
163. Application for order fixing minimum wages and employment conditions for apprentices and trainees
164. Application for order about tools
165. Application for order for employees in labour market program
166. Application for order applying to vocational placement
Part 10--Certified agreements
167. Advice and notice in relation to a project agreement
168. Request for help to make certified agreement
169. Request for arbitration
170. Application to revoke determination
171. Application for certificate as to requested representation
172. Application for certification of agreement
173. Form of agreement for certification
174. Application for decision about designated award
175. Application to extend certified agreement
176. Application to amend certified agreement
177. Notice to terminate certified agreement on or before its nominal expiry date and application for approval of termination
178. Application to terminate certified agreement after its nominal expiry date and notice of intention to apply
179. Notice of giving of authorisation of industrial action
Part 11--Industrial disputes
180. Notice of industrial dispute
181. Mediation by commission
182. Notice to show cause
183. Application for secret ballot
184. Conducting secret ballot
185. Application for order for contravention of Act, s 238
Part 12--Records and wages
186. Application for issue of an authority
187. Application to revoke, suspend or attach conditions to authority
Part 13--Fees charged by private employment agents
188. Application for order for repayment of fee
Part 14--Industrial organisations
Division 1--Registration
189. Application for registration
190. Application to change callings
191. Notice of objection
192. Answering objections
Division 2--Election rules
193. Application for approval for ballot not to be a postal ballot
194. Application for cancellation of approval for ballot not to be a postal ballot
Division 3--Validity of, and compliance with, rules
195. Application about organisation's rules under Act, s 459
Division 4--Amendment of rules
196. Application for approval to amend name under Act, s 472
197. Application for approval to amend name under Act, s 473
198. Application to approve eligibility rule amendment
199. Application for approval of other amendment to rules under Act, s 478
Division 5--Conduct of elections
200. Filing prescribed election information
Division 6--Election inquiries
201. Application for election inquiry
Division 7--Registers
202. Officers register
Division 8--Exemptions
203. Application for exemption if federal ballot held
204. Application for exemption from keeping members register or officers register
205. Application for exemption from accounting or audit provisions
206. Application for exemption from accounting or audit obligations for an employer organisation that is a corporation
207. Application for exemption from requirement that electoral commission conduct election
Division 9--Amalgamations and withdrawals
Subdivision 1--Applications about ballots and objections
208. Application to submit proposed amalgamation to a ballot
209. Application to submit proposed withdrawal to a ballot
210. Application for amalgamation ballot exemption—number of members
211. Application for amalgamation ballot exemption—recognising federal ballot
212. Application for an exemption from holding a withdrawal ballot—recognising federal ballot
213. Application for approval for alternative ballot that is not a postal ballot
214. Notice of withdrawal
215. Notice of objection for amalgamations and ballot exemptions
216. Answering objections
Subdivision 2--Form of ballot papers—regulation, s 97
217. Form of ballot paper
Subdivision 3--Amalgamation or withdrawal ballot irregularities
218. Application for a ballot inquiry
Division 10--Deregistration
219. Application for deregistration
Division 11--Statistical information
220. Statistical information
Part 15--Industrial agreements
221. Notice of intention to retire from agreement
Part 16--General
222. Student's work permit
223. Aged or infirm person's permit
Part 17--Fees
224. Fees in the court, commission or registry
225. Fees in Industrial Magistrates Court
Part 18--Miscellaneous
226. Effect of failure to comply with rules
227. Form of notices
228. Searching and copying documents
229. Continuation of proceeding after 6 months delay
230. Lapse of proceeding after at least 1 year's delay
231. Striking out proceeding after at least 1 year's delay
232. Vacations and holidays
Part 19--Repeal and transitional provisions
Division 1--Repeal
233. Repeal
Division 2--Transitional provisions
234. Definition for div 2
235. Continuance of proceedings
236. Continuance of practice notes
237. Continuance of appointment of lawyer or agent
238. References to Industrial Relations (Tribunals) Rules 2000
SCHEDULE 1 -- FEES IN THE COURT, COMMISSION OR REGISTRY
SCHEDULE 2 -- DICTIONARY
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