16.—(1.) A notification to a Commissioner or to the Registrar under section 28 of the Act may be given orally, by telegraph or in writing, and no particular form need be used, but the person giving the notification shall state therein the parties to the industrial dispute and the industrial matter the subject of the dispute.
(2.) Where an oral notification is given, the person giving the notification shall confirm the notification in writing as soon as may be practicable.
(3.) A notification may be in accordance with Form 1.
(4.) Where a notification is given under section 28 of the Act, the person to whom it is given shall forthwith bring it to the notice of—
(a) the Senior Commissioner;
(b) the Registrar; or
(c) such other Commissioner as is appropriate.
(5.) The Senior Commissioner shall, subject to any directions of the President, inform the President of notifications given under section 28 of the Act.
Record of findings under section 28.
17.—(1.) Where a Commissioner has ascertained, in pursuance of sub-section (1.) of section 28 of the Act, the parties to an industrial dispute and the matters which form the subject of the dispute, he shall make and sign a record of the matters so ascertained, and the Registrar shall keep that record with the documents relating to the dispute.
(2.) Where, after a Commissioner has made any record under this regulation, he is of opinion that that record should be varied by the addition of further parties or otherwise, he shall make and sign a varied record accordingly.
(3.) The record or varied record, or a copy thereof certified by the Registrar to be a true copy, shall be evidence of the facts set out therein as ascertained by the Commissioner.
Application under section 29.
18.—(1.) An application under sub-section (1.) of section 29 of the Act may be in accordance with Form 2 and shall specify the parties to the industrial dispute and the industrial matter the subject of the dispute.
(2.) Such an application may be made by filing the application with the Registrar, who shall forthwith bring the matter under the notice of the Senior Commissioner and such other Commissioner as is appropriate.
Notice to parties of hearing of dispute.
19.—(1.) Subject to regulation 25 of these Regulations, where a dispute is not settled by conciliation, the Commissioner may, of his own motion or on the application of a party, fix a time and place for hearing the parties to the dispute, and persons alleged to be parties, with a view to settlement of the dispute by arbitration.
(2.) Thereupon the Registrar shall, either at the direction of the Commissioner or on the application of a party, issue a notice in accordance with Form 3 to any person appearing to be, or alleged to be, a party to the dispute.
(3.) A notice under the last preceding sub-regulation shall be served—
(a) if it is issued on the application of a party—by that party; or
(b) if it is issued at the direction of the Commissioner—by the Registrar or a person thereunto authorized by the Registrar.
Procedure on date fixed for hearing.
20.—(1.) On the date fixed for the hearing, the Commissioner shall—
(a) after hearing all persons who attend before him as parties, or alleged parties, to the dispute as to the matters mentioned in sub-regulation (1.) of regulation 17 of these Regulations, review his previous conclusions as to those matters and make any necessary alterations to the record of his previous conclusions, or, if he has not previously done so, ascertain and record his conclusions on those matters as provided in that regulation;
(b) determine whether the whole or any part of the evidence or argument is to be presented in writing;
(c) after giving to the parties appearing before him an opportunity of presenting their views as to the periods which are reasonably necessary for the fair and adequate presentation of the cases of the parties, determine the periods which are so necessary and inform the parties of their obligation to present their cases within the periods respectively determined; and
(d) proceed to hear the parties and settle the dispute by arbitration.
(2.) If it appears to the Commissioner that any person who has not been notified under the last preceding regulation is or may be a party to the dispute, he may adjourn the proceedings for the purpose of enabling a notification in a similar form to be given to that person, requiring that person to appear at the time and place to which the proceedings are adjourned, and shall not make an award or order expressed to bind any such person unless that person—
(a) has been so notified and has had an opportunity of being heard in relation to the dispute; or
(b) is a party to the dispute and has appeared or has been represented on the hearing of the dispute.
Summons to witness.
21.—(1.) A summons to a witness may be in accordance with Form 4 or a form approved by the Commission, a member of the Commission or the Registrar.
(2.) Service shall be effected by serving on the witness a copy of the summons signed by a member of the Commission or by the Registrar.
(3.) Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness upon whom it is served.
Application for certificate under section 31.
22.—(1.) An application to the Commission to certify, under section 31 of the Act, a memorandum of the terms of an agreement between the parties to an industrial dispute shall be made by lodging with the Registrar an application in accordance with Form 5 and a signed copy of the memorandum.
(2.) The decision of the Commission on the application shall be reduced to writing, signed by the member, or one of the members, who constituted the Commission for the purpose of the making of the decision and kept by the Registrar with the documents relating to the proceeding.
Opinion under section 33 (3.) to be recorded.
An opinion of the Commission in Presidential Session under sub-section (3.) of section 33 of the Act shall be recorded in writing and signed by a member of the Commission and shall be kept by the Registrar with the documents relating to the proceeding.
References under sections 33 (4.) and 34.
24.—(1.) A reference under sub-section (4.) of section 33 of the Act for the opinion of the President shall state the question referred to the President, shall be in writing signed by the Commissioner, and shall set out—
(b) any findings of fact made by the Commissioner in relation to the matter which may be relevant to the question; and
(c) a short statement of the contentions of the parties on the question,
and shall be accompanied by a copy of the notes (if any) of the evidence and argument before the Commissioner relevant to the question.
(2.) An opinion, of the President on such a reference shall be recorded in writing and signed by the President and shall be kept, together with the reference, by the Registrar with the documents relating to the proceeding.
(3.) The decision of the President on a consultation under section 34 of the Act shall be reduced to writing, signed by the President and kept by the Registrar with the documents relating to the proceeding.
Hearing by the Commission constituted otherwise than by a single Commissioner.
25.—(1.) Where an industrial dispute is to be heard and determined—
(a) by the Commission in Presidential Session; or
(b) by the Commission constituted as provided by section 34 of the Act,
the President may, on his own motion or on the application of a party, fix a time and place for the hearing by the Commission of the parties to the dispute and persons alleged to be parties to the dispute.
(2.) Thereupon the Registrar shall, either at the direction of the President or on the application of a party, issue a notice in accordance with Form 3, directed to any person appearing to be, or alleged to be, a party to the dispute.
(3.) A notice under the last preceding sub-regulation shall be served—
(a) if it is issued on the application of a party—by that party; or
(b) if it is issued at the direction of the President—by the Registrar or a person thereunto authorized by the Registrar.
(4.) The Registrar shall, in the case of an industrial dispute which is to be heard and determined by the Commission constituted as provided by section 34 of the Act, give notice to the Attorney-General of the time and place fixed for the hearing.
(5.) On the day fixed for the hearing, the Commission shall make such preliminary determinations and give such directions as are necessary (including determinations and directions under sub-sections (2.) and (3.) of section 40 of the Act) and may, if it appears necessary, adjourn the proceedings for the purpose of enabling the parties to present their cases in accordance with those directions.
Documents for use of Commission.
26.—(1.) Not less than five days before the date fixed for the hearing of any matter by the Commission in Presidential Session or by the Commission constituted as provided by section 34 of the Act, every party who has filed any document in the matter shall lodge in a Registry three copies, or such greater number of copies as will provide one for each of the members who will constitute the Commission, of the document.
(2.) A member of the Commission may, on the application of any party, exempt that party from compliance with the requirements of the last preceding sub-regulation.
(3.) An application under the last preceding sub-regulation may be made ex parte.
Institution of appeal.
27.—(1.) An appeal under section 35 of the Act to the Commission constituted as provided by that section shall be instituted by filing with the Registrar a notice of appeal in accordance with Form 6, together with three copies of—
(a) the notice of appeal;
(b) the notice, summons or other document upon which the award, order or decision under appeal was made;
(c) the notes (if any) of the evidence and argument before the Commissioner;
(d) each document which was an exhibit before the Commissioner;
(e) the award, order or decision appealed against; and
(f) the statement (if any) of the reasons of the Commissioner for the award, order or decision.
(2.) The appellant shall, within seven days after the filing of the notice of appeal, serve a copy of the notice of appeal upon—
(a) the other parties who appeared or were represented before the Commissioner or the representatives of those parties; and
(b) the Attorney-General.
(3.) The President or a member of the Commission may exempt an appellant from compliance with any of the requirements of sub-regulation (1.) of this regulation.
Date and place of hearing.
The President shall fix a time and place for the hearing of the appeal, and the Registrar shall give notice of the time and place so fixed to—
(a) the appellant;
(b) the other parties who appeared or were represented before the Commissioner or the representatives of those parties;
(c) such other persons as the President directs; and
(d) the Attorney-General.
Additional copies of documents may be required.
29. The President may, when fixing the time and place for the hearing of an appeal, direct that additional copies of the documents referred to in sub-regulation (1.) of regulation 27 of these Regulations be lodged with the Registrar and the Registrar shall, in such a case, give notice to the appellant accordingly.
Application under section 35 (5.).
An application for an order under sub-section (5.) of section 35 of the Act may be made ex parte.
Application for variation or setting aside of award or variation of agreement.
31.—(1.) For the purposes of section 59 of the Act—
(a) an application for the setting aside of an award or order or any of the terms of an award or order may be made by filing with the Registrar a notice in accordance with Form 7; and
(b) an application for variation of the terms of an award or order may be made by filing with the Registrar a notice in accordance with Form 8.
(2.) Forthwith upon the making of an application referred to in this regulation, the Registrar shall bring the matter under the notice of the President, the Senior Commissioner or such other Commissioner as is appropriate.
(3.) When a time and place has been fixed for the hearing of the application, the Registrar shall complete the form of notice filed and furnish a copy thereof to the applicant for the purpose of service.
Provisions implementing section 61.
32.—(1.) The prescribed time for the purposes of paragraph (c) of section 61 of the Act is fourteen days after the service on the person concerned of the notification referred to in that paragraph or the time between the date of that service and the date of the conclusion of the hearing of the industrial dispute, whichever is the longer.
(2.) A notification for the purposes of paragraph (b) or (c) of section 61 of the Act may be served or given—
(a) in the manner authorized by regulation 158, 159 or 160 of these Regulations, as the case may require, for the service of documents; or
(b) in accordance with an order made by the Commission or a member of the Commission under regulation 11 of these Regulations.
Application for a common rule.
33.—(1.) An application to the Commission for a declaration that any term of an award shall, in a Territory of the Commonwealth, be a common rule of any industry shall be made by filing with the Registrar an application in accordance with Form 9.
(2.) Forthwith upon the filing of any such application, the Registrar shall bring the matter under the notice of the President, the Senior Commissioner or such other Commissioner as is appropriate.
(3.) After the filing of such an application, the applicant shall apply to the Commission or a member of the Commission for directions as to—
(a) the persons (if any) to whom notice, other than the Gazette notice, of the application shall be given;
(b) the times within which that notice is to be served on those persons and the form of the notice;
(c) the publications (if any), other than the Gazette, in which notice of the application shall be published;
(d) the time, manner and form in which the notice in the Gazette and in any such other publication shall be given; and
(e) the time and place for hearing the application.
(4.) An application under the last preceding sub-regulation may be made ex parte.
(5.) The notification to be published in the Gazette and in the other publications (if any), and (with any necessary modifications) the notice of the application directed to be served on any person, shall, subject to any directions of the Commimission or a member of the Commission, be in accordance with Form 10.
Service and publication.
34.—(1.) The applicant shall, in accordance with the directions given under the last preceding regulation and with these Regulations, serve the notices (if any) directed to be served.
(2.) The Registrar shall, on behalf of the Commission, cause the notice to be published in the Gazette and the other publications (if any).
Notice of objections, &c., to application for common rule.
35. Unless the Commission otherwise directs, a person claiming to be interested in, and desiring to be heard on, an application of the nature mentioned in regulation 33 of these Regulations shall, at least three days before the day fixed for the hearing, file with the Registrar a notice in accordance with Form 11 and shall, as soon as practicable before the hearing, serve a copy of the notice upon the applicant.
Publication of common rule.
Where the Commission declares that any term of an award shall, in a Territory of the Commonwealth, be a common rule of an industry, a copy of the declaration shall, when signed, be published by the Registrar in the Gazette.
Certain applications under section 41 (d).
37.—(1.) In a proceeding before the Commission in relation to an industrial dispute—
(a) a party to the dispute;
(b) the Attorney-General of a State; or
(c) an association (whether a party to the dispute or not) acting on behalf of persons who might be affected by any award or order that might be made by the Commission in relation to the dispute,
may apply to the Commission for a decision that it refrain from further hearing or from determining the dispute or part of the dispute on the ground that the dispute or part has been dealt with or is being dealt with or is proper to be dealt with by a State Industrial Authority.
(2.) Where an application is made under the last preceding sub-regulation, the Commission shall hear the applicant and such parties as have an interest in the application.
(3.) The decision of the Commission on the application shall be recorded in writing signed by the member, or one of the members, who constituted the Commission for the purpose of making the decision and shall be kept by the Registrar with the documents relating to the proceeding.
Application for suspension or cancellation of award.
38. An application under section 62 of the Act shall be supported by an affidavit setting out the grounds on which the suspension or cancellation is sought.
Settlement of awards and orders.
39.—(1.) The Registrar shall, if the Commission constituted by more than one member so directs, settle the minutes of an award or order of the Commission as so constituted.
(2.) Where the Commission as so constituted directs that the minutes of an award or order be settled by the Registrar, the party who was the applicant or the party directed by the Commission shall, within fourteen days after the decision of the Commission was given, or within such further time as the Registrar allows, lodge the minutes of the award or order with the Registrar.
(3.) The Registrar shall, within fourteen days after the lodging of the minutes of an award or order, give to the parties such notice of his intention to settle the minutes as he thinks proper, but may, if he thinks it unnecessary to give notice to a party, settle the minutes without notice to that party.
(4.) If a party is dissatisfied with the form in which the minutes of an award or order have been settled, he may, within three days after the settlement, apply to the Commission to vary the minutes as settled.
(5.) If the party who is required so to do fails to lodge minutes of the award or order within the time prescribed by this regulation, the Registrar shall proceed to prepare and settle the minutes, and for that purpose may give all necessary notices, and the party in default shall, on demand by the Registrar, pay to him the fee prescribed in the Third Schedule to these Regulations for preparation by the Registrar of an award or order for settlement.
Applications under section 45B of Navigation Act.
An application under section 45B of the Navigation Act 1912-1956 shall be in accordance with Form 12 and shall be supported by an affidavit.
Application of this Part to proceedings under other Acts.
41.—(1.) The provisions of this Part prescribing the practice and procedure in relation to references and appeals under the Act apply, mutatis mutandis and so far as they are applicable, with respect to references and appeals to the Commission under another Act.
(2.) For the purposes of the application of the last preceding sub-regulation, a reference in this Division to a Commissioner shall be deemed to be a reference to the person who, under the other Act, exercises the like powers, duties and functions as a Commissioner.
Application of this Part to proceedings under Divisions 2, 3 and 4 of Part III. of the Act.
This Part extends to and in relation to proceedings under Divisions 2, 3 and 4 of Part III. of the Act and in its application to those Divisions—
(a) references in this Part to industrial disputes shall be read as including references to industrial questions (other than industrial disputes); and
(b) references to a Commissioner or to the Commissioner shall be read as references to the presidential member of the Commission constituting the Commission under whichever of those Divisions is applicable.
PART III.—PROCEDURE OF THE COMMONWEALTH INDUSTRIAL COURT.
Division 1.—General.
Seal of the Court.
43.—(1.) At each Registry, there shall be a seal bearing the Royal Arms with the words “The Seal of the Commonwealth Industrial Court” and the name of the Registry, and any of those seals may be used as the Seal of the Court.
(2.) The Seal at each Registry shall be in the custody of the Registrar in charge of that Registry and shall be affixed by him or with his authority to judgments and orders of the Court and to such other documents as the Court or a Judge directs.
Stamp of the Court.
44.—(1.) At each Registry, there shall be a stamp bearing the words “The Stamp of the Commonwealth Industrial Court” and the name of the Registry.
(2.) The Stamp at each Registry shall be in the custody of the Registrar in charge of that Registry and shall be affixed by him to all documents issued by him in relation to proceedings before the Court.
Vacations.
45.—(1.) The vacations and holidays of the Court shall be the same as those of the High Court.
(2.) If the Court or a Judge considers it necessary, the Court may sit, or Chamber-business may be taken, during vacation.
High Court practice.
Where none of these Regulations is applicable, the practice for the time being of the High. Court shall, except, in any particular case where the Court or a Judge otherwise directs, regulate, as far as is practicable, the practice of the Court.
Jurisdiction of a single Judge.
47.—(1.) For the purposes of paragraph (h) of sub-section (2.) of section 104 of the Act, the matters of practice or procedure with respect to which the jurisdiction of the Court may be exercised by a single Judge are those matters in relation to which these Regulations provide that a power or function may be exercised by a Judge.
(2.) A Judge may exercise the powers and functions of the Court in relation to any matter of practice or procedure which, under the High Court Rules, would, if it arose in the High Court, be exercisable by a single Justice of the High Court.
General method of procedure.
All applications to the Court or a Judge for which no other method of procedure is provided by these Regulations shall, unless otherwise directed by a Judge, be made in accordance with Form 13.
Judge may extend prescribed time.
The Court or a Judge may extend any time prescribed by this Part, whether or not the time has already expired.
Form of documents.
50.—(1.) All documents filed in Court or lodged with the Registrar shall, unless the nature of the document renders it impracticable—
(a) be legibly and clearly written, typewritten or printed, without blotting, erasure or such alteration as to cause material disfigurement;
(b) have a space of not less than a quarter of an inch between each line;
(c) be upon folio foolscap white paper of good and durable quality and capable of receiving ink writing;
(d) be upon one side only of the paper with a quarter margin upon the left hand side of each sheet;
(e) be folded lengthwise;
(f) have each page numbered; and
(g) have a backsheet upon which appears the number (if known) and the title of the proceeding, a short description of the document and the name and address of the solicitor or person filing or lodging the document.
(2.) The Registrar may refuse to file or accept a document if it does not comply with the provisions of the last preceding sub-regulation, and the costs of the document may be disallowed upon taxation.
Documents to be lodged in duplicate.
All documents to be filed in the Court shall, except where otherwise prescribed, be lodged in duplicate.
Copies of documents for use of Court.
52.—(1.) Not less than five days before the date fixed for the hearing of any matter by the Court (except where the jurisdiction of the Court is exercised by a single Judge), every party who has filed any document in the matter shall lodge in a Registry three copies of each such document.
(2.) A Judge may, on the application of any party, exempt that party from compliance with the requirements of the last preceding sub-regulation.
(3.) An application under the last preceding sub-regulation may be made ex parte and without the filing of an affidavit.
Affidavit to accompany documents.
53.—(1.) Except where otherwise provided in these Regulations a summons, application or notice of appeal in relation to proceedings or proposed proceedings in the Court or before a Judge shall be supported by an affidavit or affirmation.
(2.) Where a summons, application or notice of appeal, or a copy thereof, is served upon a party or other person, it shall be accompanied by a copy of the affidavit or affirmation.
Affidavits and affirmations.
54.—(1.) An affidavit or affirmation filed in the Court—
(a) shall be signed on each page by the deponent and the person before whom it is made; and
(b) if made in the Commonwealth, shall be made before a Justice of the Peace or a Commissioner for Affidavits.
(2.) Except as provided by the last preceding sub-regulation and regulation 50 of these Regulations, the provisions of the High Court Rules relating to affidavits apply, so far as applicable, to affidavits and affirmations filed in the Court.
Notice of intention to give oral evidence.
In any proceeding before the Court in which oral evidence is to be called, the party intending to call that evidence shall—
(a) endorse on the process notice of his intention to do so; or
(b) not less than two clear days before the hearing, file a notice of that intention and serve a copy of the notice upon the other party or parties.
Carnage of proceedings.
56.—(1.) Except where otherwise provided, the party who initiates proceedings has the carriage thereof.
(2.) Where the party so entitled to the carriage fails to take any step within the time fixed by these Regulations, or by the Court, a Judge or the Registrar, the Registrar may commit the carriage to any other party to the proceeding.
Registrar to deal with process.
The Registrar shall either personally, or by such officer as he directs acting in his name and on his behalf—
(a) where necessary, submit to the Court all documents filed or lodged with him under this Part;
(b) issue all summonses, notices, warrants and writs; and
(c) keep a record of the proceedings of the Court.
Summons to witness.
58.—(1.) A summons to a witness shall be in accordance with Form 14 or a form approved by the Court, a Judge or the Registrar.
(2.) Service shall be effected by serving on the witness a copy of the summons signed by a Judge or the Registrar.
(3.) Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness upon whom it is served.
Service to be effected by parties.
Except as otherwise prescribed, or unless the Court or a Judge otherwise directs, parties shall serve all documents.
Direction as to service.
60.—(1.) Where provision is made for personal or other service of any document in proceedings before the Court, the Court or a Judge may, subject to the Act, make such order for substituted or other service, or for the substitution for the service otherwise required, of notice by letter, telegram, public advertisement or otherwise, as it or he thinks just.
(2.) Where the Court or a Judge orders that notice by telegram or public advertisement be substituted for the service otherwise required, the notice shall contain such particulars as the Court or the Judge directs.
Time for service of summons.
A summons, notice and rule to show cause shall be served at least two clear days before the day fixed for the hearing of the proceeding, unless the Court or a Judge gives leave for shorter service.
Exhibits.
A person shall not take an exhibit out of Court without the permission of the Court or a Judge.
Settlement of orders or judgments.
63.—(1.) The Registrar shall, if the Court or a Judge so directs, settle the minutes of an order or judgment of the Court or a Judge.
(2.) Where the Court or a Judge directs that the minutes of an order or judgment be settled by the Registrar, the party who has the carriage of the order or judgment shall, within fourteen days after the order or judgment of the Court or Judge was given, or within such further time as the Court or a Judge allows, lodge the minutes of the order or judgment with the Registrar.
(3.) The Registrar shall, within fourteen days after the lodging of the minutes of an order or judgment, give to the parties such notice of his intention to settle the minutes as he thinks proper, but may, if he thinks it unnecessary to give notice to a party, settle the minutes without notice to that party.
(4.) If the party who has the carriage of an order or judgment fails to lodge minutes of the order or judgment within the time prescribed by this regulation, the Registrar shall proceed to prepare and settle the minutes, and for that purpose may give all necessary notices, and the party in default shall, on demand by the Registrar, pay to him the fee prescribed in the Third Schedule to these Regulations for preparation by the Registrar of an order or judgment for settlement.
(5.) Subject to any direction of the Court or a Judge, the party who is successful in a proceeding has the carriage of the order or judgment.
Order or judgment to be signed and sealed.
64.—(1.) Every order or judgment of the Court or a Judge shall bear the date of its making, shall be signed by one or more of the members of the Court who took part in the decision, or by the Judge, as the case may be.
(2.) If a Judge dies or ceases to hold office after an order or judgment has been made by that Judge and the order or judgment has not been signed by him, an order or judgment in terms of the order or judgment so made signed by the Registrar and sealed with the Seal of the Court shall have effect as if the order or judgment had been signed by the Judge.
Order or judgment to be retained by the Registrar.
The original of every order or judgment made by the Court or a Judge shall be kept by the Registrar with the documents relating to the proceeding in which the order or judgment was made.
Withdrawal of process.
66. Subject to the Act, a proceeding before the Court or a Judge may, with the leave of the Court or a Judge, be withdrawn by the party who initiated the proceeding.
Where form not prescribed.
Where a form is not prescribed for any document, or where a prescribed form is not suitable to the circumstances of a particular case, the form shall be such as the Court or a Judge directs or approves for the purposes of a particular case.
Division 2.—Procedure in Particular Matters (other than Appeals).
Reference by single Judge or Commission to Court.
68.—(1.) A reference by a Judge of a question of law arising in proceedings before him for the opinion of the Court constituted as provided by section 105 of the Act shall be in writing signed by the Judge and shall set out—
(b) any findings of fact made by the Judge in relation to the matter which may be relevant to the question;
(c) a short statement of the contentions of the parties on the question;
(d) if relevant to the question, the terms of any order proposed to be made by the Judge; and
(e) a precise statement of the question on which the opinion of the Court is sought,
and shall be lodged with the Registrar together with a copy of the notes (if any) of the evidence and argument before the Judge relevant to the question.
(2.) A reference by the Commission of a question of law arising in proceedings before it for the opinion of the Court under section 107 of the Act shall be in writing signed by the member or members constituting the Commission and shall set out—
(b) any findings of fact made by the Commission in relation to the matter which may be relevant to the question;
(c) a short statement of the contentions of the parties on the question;
(d) if relevant to the question, the terms of any award or order proposed to be made by the Commission; and
(e) a precise statement of the question on which the opinion of the Court is sought,
and shall be lodged with the Registrar together with a copy of the notes (if any) of the evidence and argument before the Commission relevant to the question.
(3.) Before referring a question of law to the Court, the Judge or the Commission shall, where practicable, consult the parties who have appeared before him or it and are affected by the terms in which the question is to be so referred.
Time and place of hearing.
69.—(1.) Where a Judge or the Commission has referred a question of law for the opinion of the Court, the Chief Judge shall fix a time and place for the hearing of the question, and shall give such directions to the Registrar as the Chief Judge thinks proper for notifying any persons interested in the question of the time and place so fixed.
(2.) The Registrar shall forward with the notification a copy of the reference.
Procedure under section 109 (1.) (a) or (b), 140, 141, 143 (1.) or 150.
70.—(1.) Proceedings under paragraph (a) or (b) of sub-section, (1.) of section 109, under section 140 or 141, under sub-section (1.) of section 143 or under section 150 of the Act shall be by rule in accordance with Form 15 calling upon the person or organization concerned to show cause why the order should not be made.
(2.) An application for a rule specified in the last preceding sub-regulation may be made to the Court or a Judge ex parte supported by an affidavit verifying the facts upon which the application is based.
(3.) The affidavit in support of an application under section 140 of the Act shall set forth—
(a) the rule or rules sought to be disallowed;
(b) the ground specified in that section upon which the application is founded; and
(c) a short statement of the reasons relied on by the applicant.
(4.) The affidavit in support of a complaint under section 141 of the Act shall set forth—
(a) the rule or rules the performance or observance of which is in question;
(b) the nature of the order sought; and
(c) a short statement of the grounds relied on by the applicant, including the facts relied on by the applicant as establishing the obligation of the person against whom the order is sought to perform or observe the rule or rules in question.
(5.) As soon as practicable after an application for a rule specified in sub-regulation (1.) of this regulation is granted, the applicant shall file the rule and the supporting affidavit with the Registrar.
Matters and questions referred to Court by Registrar.
Where, under section 112 of the Act, the Registrar refers a matter or question to the Court for decision, the Chief judge shall fix a time and place for the hearing of the matter or question, and shall give such directions to the Registrar as the Chief Judge thinks proper for notifying any persons interested in the matter or question of the time and place so fixed.
Alteration of rules by association applying for registration.
72.—(1.) An application to the Court under section 134 of the Act shall be in accordance with Form 16 and shall be filed with the Registrar.
(2.) An association which has altered its rules in accordance with leave granted by the Court under section 134 of the Act shall, within twenty-eight days after the alteration, lodge with the Registrar two copies of the alterations, verified by statutory declaration.
Application under section 144.
An application under section 144 of the Act shall be in accordance with Form 17 and shall be filed with the Registrar.
Application under section 159.
74.—(1.) An application under section 159 of the Act shall be in accordance with Form 18 and shall be lodged with the Industrial Registrar.
(2.) The time after the completion of an election within which an application under section 159 of the Act in respect of the election may be lodged is six months.
Applications under section 35 of the Stevedoring Industry Act 1956.
An application under section 35 of the Stevedoring Industry Act 1956 shall be in accordance with Form 13 and shall be filed with the Registrar.
Proceeding for penalty or offence.
76.—(1.) Every application for the recovery of a penalty for any breach or non-observance of an award or order shall be by summons in accordance with Form 19.
(2.) Proceedings before the Court in respect of an offence against the Act (including these Regulations) or another Act or proceedings for a contempt of the Court shall be instituted by summons upon information in accordance with Form 20.
(3.) A summons issued on an information shall be in accordance with Form 21.
Division Div 2 - Conciliation and Arbitration Regulations - Procedure in Particular Matters. | Zoe