INDUSTRIAL PROCEEDINGS RULES 2010
4 February 2011
Rules, Forms, Practice Directions and Guides
His Honour Judge Jennings, Senior Judge of the Industrial Relations Court of SA, and His Honour Judge Hannon, President of the Industrial Relations Commission of SA, have made the Industrial Proceedings Rules 2010 pursuant to s.178 of the Fair Work Act 1994. The new rules operate from 1 May 2011, and rescind the Industrial Proceedings Rules 1995.
The 2010 Rules represent a comprehensive review of the entire set of rules, having regard to subsection 178(6) of the Act. The actual content of the rules is not substantially different from what is contained in the current rules. However the new rules presents that content in a more logical and accessible format, and in as brief and as simple a way as the nature of the subject matter allows. The rules contain general rules relating to proceedings as they progress from commencement to judgment and/or appeal, followed by rules specific to either the Court or the Commission. The general format is based upon the style of the current Supreme Court and District Court Rules, although the content is greatly reduced given the nature of the industrial jurisdictions.
Click here for a copy of the Industrial Proceedings Rules 2010
Forms - The Court and Commission propose approving a suite of new forms pursuant to R.25. Click the links below to view a copy of the proposed new forms.
1 Notice of Address for Service
2 Notice of Change of Address
3 General - Application
4 General Answer
5 Notice of Intention to Intervene by Minister
6 Notice to Intervene by an Interested Party
7 Application for Directions
8 List of Documents
9 Summons to attend - produce documents and things
10 Discontinuance Notice
11 Appeal Notice
12 Permission to Appeal
13 Monetary Claim
14 Monetary Claim Answer
15 Registrar's Certificate s 230
16 Referral for Directions - Monetary Claim
17 Review of Compliance Notice
18 Application for Interpretation
19 Notification of an Industrial Dispute
20 Unfair Dismissal
21 Unfair Dismissal Employer Response
22 Unfair Dismissal Referral to Arbitration
23 Model Referral Agreement
24 Request the Assistance of Commission Pursuant to Referral Agreement
25 Referral re Alleged Inappropriate Behaviour s 55
26 OHS - Commission
27 Review of Compliance Notice TSD
28 Dispute or Grievance TSD
29 Approval of Enterprise Agreement
30 Conciliation or Directions re Enterprise Agreement Bargaining
31 Vary or Rescind Enterprise Agreement - Transmission of Business
32 Application to Vary Enterprise Agreement s 84
33 Rescind Enterprise Agreement s 84
34 Application to Release Party or Vary Enterprise Agreement
35 SAMFS s 29 Appeal
36 SAMFS s 49 Appeal
37 Review on Application by Minister
38 PS Act Review
39 Application for Registration
40 Statutory Declaration for Registration
41 Rule Alteration
42 Application to Register Change of Name
43 Summons - Compliance with Rules
44 Application to Register Amalgamated Association
45 Notice of Objection
46 Certificate of Registration
47 Conscientious Objection
Practice Directions - A revised set of Practice Directions will be issued concurrent with the commencement of the new Rules.
Guide - The Court and Commission will progressively update its various "guides" after the commencement of the new Rules.
