31Notice of employer’s appearance

31 Notice of employer’s appearance

(1) The employer must file a notice of appearance in accordance with Form R28.

(2) The notice of appearance must be filed within 7 days after service of the application on the employer by the Registry.

(3) A motion to dismiss the application for want of jurisdiction must be made in accordance with Form R29 and is taken to be made on the date of filing.

(4) A motion to dismiss the application on the ground that it is frivolous, vexatious or lacking in substance must be made in accordance with Form R30 and is taken to be made on the date of filing.

(5) As soon as practicable after filing a notice of appearance and any motion for dismissal of the application, an employer must give to the applicant, a copy of the notice and motion.

(6) If possible, a Registrar must give a copy of the employer’s notice of appearance and any motion to the parties at the same time as the parties are first given notice under rule 34.

(7) A notice that is not signed by the employer may be accepted if the notice is prepared and signed by a solicitor, employer organisation or other representative of the employer.

(8) The Commission may permit an employer to appear (at any stage of a conciliation, arbitration or related proceeding under Subdivision B of Division 4 of Part 12 of the Act) despite the employer’s failure to file a notice of appearance.

(9) An employer who failed to file a Notice of Employers’ Appearance within the time allowed subrule (2), may be heard subject to such conditions as are imposed by the Commission.