Industrial Relations Commission Regulations 2005 (WA)

Western Australia Industrial Relations Act 1979 Industrial Relations Commission Regulations 2005 Western Australia Industrial Relations Commission Regulations 2005 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 Part 2 — The office of the Registrar 4. Lodging documents 1 5. Lodging and filing documents electronically 1 6. Office of Registrar opening hours 1 7. Procedure by Registrar 1 8. Duties of Registrar in respect of applications 1 9. Direction to Registrar to investigate and report 1 10. Stamp of Commission 1 11. Seal of Commission 1 12. Publication of information and notices 1 Part 3 — Conduct of proceedings Division 1 — Notice of application, response and parties 13. Applications to Commission 1 14. Response 1 15. General form of objection 1 16. Withdrawal or discontinuance of application 1 17. Application to amend 1 18. Joinder of parties 1 19. Intervention 1 Division 2 — Interlocutory proceedings 20. Discovery, production and inspection of documents 1 21. Order for production to Commission 1 22. Further particulars 1 23. Notice to admit 1 Division 3 — Service 24. Service 1 25. Electronic address for service 1 26. Service electronically 1 27. Substituted service 1 Division 4 — Conferences 29. Orders under sections 32 and 44 1 30. Compulsory conference 1 31. Memorandum following compulsory conference 1 Division 5 — Conduct of hearings 32. Application for and notice of hearing 1 32A. Proceedings may be determined on the papers 1 33. Procedure before Commission 1 Division 6 — General 34. Elimination of delays 1 35. Electronic documents and communications 1 36. Extension or abridgment of time 1 37. Waiver of procedural regulations 1 38. Non‑compliance with regulations 1 39. Practice 1 Part 4 — Witnesses and evidence 40. Application for examination of witness 1 41. Summons to witness 1 42. Application to set aside witness summons 1 43. Witness statements and outlines of evidence 1 44. Evidence or submissions by video‑link or telephone 1 45. Disclosure of expert's report 1 46. Exhibits 1 47. Declarations and affidavits 1 Part 5 — Various applications under Act 48. Application for award 1 49. Application to vary area of operation of award 1 50. Application to vary award 1 51. Application for joinder of party to award 1 52. Application for interpretation of award or industrial agreement 1 53. Bargaining for industrial agreement 1 54A. Orders as to specified matters on which agreement has not been reached 1 54. Enterprise order 1 55. Application for industrial agreement 1 56. Retirement from industrial agreement 1 57. Variation of industrial agreement by subsequent agreement 1 58. Application to waive notice required for production of records 1 59. Section 66 applications and directions 1 60. Proceedings before Full Bench for enforcement of Act 1 60AA. Industrial matter under Public Sector Management Act 1994 s. 95 or s. 96A 1 60A. Applications for equal remuneration orders 1 61. Unfair dismissal and contractual benefit claims by employees 1 62. Stop bullying application 1 62A. Stop sexual harassment application 1 62B. Sexual harassment referral 1 62C. Interpretation of conditions of service 1 62D. Reclassification claim 1 62E. Industrial matter under Public Sector Management Act 1994 s. 78 or Health Services Act 2016 s. 171 1 62F. Flexible working arrangement dispute 1 Part 6 — Agents 63. Appointment of agent 1 Part 6A — Delegation to Registrars 64. Delegation to Registrars 1 65. Time limits for review of decisions of Registrars 1 Part 7 — Organisations and associations Division 1 — Registration, status and coverage 66. Registration of organisation 1 67. Registration of association 1 68. Amalgamation of organisations 1 72. Counterpart certificates 1 73. Order as to whom employee organisation represents 1 74. Summons for cancellation or suspension of registration of organisation or association 1 75. Request by organisation or association for cancellation of registration 1 76. Application by Registrar for cancellation of registration 1 77. Certificates of registration 1 Division 2 — Rules of organisations 77A. Alteration of rules 1 77B. Substitution of new set of rules 1 77C. Change of name 1 77D. Certificate of registration after certain changes 1 Division 3 — Right of entry 77E. Requirements for application for right of entry permit (Act s. 49N(2)) 1 77F. Form of right of entry permit 1 77G. When Commission may impose or change conditions, suspend or revoke right of entry permit 1 77H. Revocation of right of entry permit on application of secretary of organisation 1 77I. Register of right of entry permits 1 Division 4 — Records and accounts 78. Filing records of organisation or association 1 79. Balance sheet etc. of organisation 1 80. Inspection of documents 1 81. Notification of change of address 1 82. Return about current right of entry permit holders 1 Part 8 — Applications and appeals under Part VID Division 9 of the Act Division 1 — Applications 83. Establishing that proposed representative is qualified and consents to application under section 97WV or 97XM 1 84. Notice of application for approval to be given to employer 1 Division 2 — Appeals under section 97XB or 97XQ of the Act 85. Appeal against refusal to give approval 1 86. Service of appeal notice 1 87. Person served entitled but not required to be heard 1 88. Registrar to provide records to Commissioner 1 Part 9A — Appeals under Prisons Act 1981 section 106 89A. Terms used 1 89B. Notice of appeal against removal action 1 89C. Service of notice of appeal against removal action 1 89D. Response by chief executive officer 1 89E. Documents relied on to be filed and served 1 89F. Notice of reformulated reasons under Prisons Act 1981 s. 110A(4) 1 89G. Withdrawal or discontinuance of appeal against removal 1 Part 9B — Appeals under Young Offenders Act 1994 section 11CH 89H. Terms used 1 89I. Notice of appeal against removal action 1 89J. Service of notice of appeal against removal action 1 89K. Response by chief executive officer 1 89L. Documents relied on to be filed and served 1 89M. Notice of reformulated reasons under Young Offenders Act 1994 s. 11CL(4) 1 89N. Withdrawal or discontinuance of appeal against removal 1 Part 9 — Appeals under the Police Act 1892 section 33P 89. Terms used 1 90. Notice of appeal against removal action 1 91A. Service of notice of appeal against removal action 1 91. Response by Commissioner of Police 1 92. Documents relied on to be filed and served 1 93. Notice of reformulated reasons under Police Act 1892 s. 33R(10) 1 94. Withdrawal or discontinuance of appeal against removal 1 Part 9C — Appeals under the Police Act 1892 section 33ZI 94A. Terms used 1 94B. Notice of appeal against retirement on medical grounds 1 94C. Service of notice of appeal against retirement on medical grounds 1 94D. Response by Commissioner of Police 1 94E. Documents relied on to be filed and served 1 94F. Notice of reformulated reasons under Police Act 1892 s. 33ZK(11) 1 94G. Withdrawal or discontinuance of appeal against retirement on medical grounds 1 Part 9D — Disputes under the Police Act 1892 Part 2D Division 3 94H. Term used: Tribunal 1 94I. Application of Part 1 94J. Lodgment of dispute by medically retired member 1 94K. Lodgment of dispute on behalf of medically retired member 1 94L. Application of certain regulations 1 94M. Procedures specific to Tribunal proceedings 1 Part 10 — Work Health and Safety Tribunal 95. Term used: Tribunal 1 95A. Application of Part 1 96. Applications to Tribunal 1 97. Application of certain regulations 1 98. Procedures specific to Tribunal proceedings 1 Part 10A — Road Freight Transport Industry Tribunal 99A. Terms used 1 99B. Referrals to Tribunal 1 99C. Application of certain regulations 1 99D. Procedures specific to Tribunal proceedings 1 Part 11 — Appeals generally Division 1 — Appeals to Commission 100. Appeals under section 97VM 1 101. Appeal under Vocational Education and Training Act 1996 1 102A. Review of decisions of Construction Industry Long Service Leave Payments Board 1 Division 2 — Appeals to Full Bench 102. Appeals to Full Bench 1 103. Procedure for listing matters before Full Bench 1 103A. Discontinuance of appeal to Full Bench 1 Part 12 — Miscellaneous 105. Notice of certain orders 1 Part 13 — Transitional provisions for Industrial Relations Legislation Amendment Act 2024 106. Bullying and sexual harassment at work before 31 January 2025 1 107. Office of public service arbitrator abolished 1 108. Public Service Appeal Board abolished 1 Notes Compilation table 1 Other notes 1 Defined terms Industrial Relations Act 1979 Industrial Relations Commission Regulations 2005