Employment Dispute Resolution Regulations 2008

The regulations rely on several principal concepts and cross-references. Those concepts drive the practical operation of dispute referrals, filings and records.

EDR Act and Registrar: The regulations repeatedly tie their operation to the EDR Act and the institutional office-holder described as the Registrar in the Industrial Relations Act 1979 (IR Act) reg 3(1), so the Registrar’s functions and locus are determined by both the EDR Regulations and the IR Act (reg 3(1)).

Commonwealth enterprise agreement: Regulation 4 prescribes that an Australian Workplace Agreement (AWA), as defined in the Commonwealth Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, is to be treated as a “Commonwealth enterprise agreement” for the purposes of the EDR Act s 3(1). That is a textual choice to import a particular Commonwealth statutory definition into the meaning of a term used in the EDR Act.

Application of IRC Regulations 2005: A recurring design choice is to apply provisions of the IRC Regulations 2005 to EDR Act matters, “with such changes as are necessary”, and to use the IRC Regulations’ forms where appropriate (reg 5(b)-(c), reg 6, reg 7(3), reg 10, reg 11). The regulators do this selectively, naming particular IRC Regulations 2005 provisions to apply and, in some cases, exempting specific subclauses from application (reg 6 excludes reg 102(4) and (13)). The repeated cross-application imports the IRC Regulations 2005 procedural regime into the EDR space without reproducing that text here.

Forms and filing: The regulations prescribe the specific form for applications under EDR Act s 27 (Form 1 in Schedule 1) (reg 7(1)). They also require that applications and related documents be filed at the office of the Registrar (reg 7(2)).

Register and allocation: The Registrar must keep a register of mediation requests, referrals and s 27 applications, and may keep it electronically (reg 8). The Registrar must present each entry to the Chief Commissioner for allocation “as soon as is practicable” (reg 9). These are operationalised responsibilities allocating administrative tasks between the Registrar and the Chief Commissioner.

Service, enforcement and publication: Service of s 27 applications is to be governed by IRC Regulations 2005 regs 24, 27 and 28 (reg 10). Enforcement of decisions or directions under EDR Act ss 20 or 25(3) is linked to IRC Regulations 2005 reg 60 (reg 11). Where an EDR order varies an award, order or industrial agreement under the IR Act, the Registrar must publish a notice in the Western Australian Industrial Gazette and in a statewide newspaper or on the IR Commission website and specify certain particulars (reg 12(1)-(2)).

Appeals: Appeals under EDR Act s 22 are to be governed by the IRC Regulations 2005 regs 102 (except subregs 102(4) and (13)), 103 and 103A (reg 6). This creates a link between the EDR appellate path and the IRC Regulations 2005 appellate procedures, save for the explicitly excluded subclauses.

Schedule 1 Form 1: The Schedule prescribes the layout and required information for an application under EDR Act s 27. It expects contact details, a short description of the matter in dispute, urgency tick-box, parties up to three with a mechanism to attach additional parties, the name of any relevant Commonwealth enterprise agreement, and the type of assistance sought.

Together, these concepts show a regulatory design that centralises administrative control in the Registrar and Chief Commissioner, standardises practice by importing the IRC Regulations 2005, and requires particular disclosures and publication when EDR outcomes affect instruments under the IR Act.

The regulations affect four discrete groups, and their interactions are determined by where decision-making and administrative duties are placed.

Parties to employment disputes: Individuals, employers, unions, employer associations and any other person or entity that seeks mediation under EDR Act s 7, referral under EDR Act Part 2 Division 2, or an EDR Act s 27 dispute resolution process, are directly affected. Those parties must use Form 1 for s 27 applications (reg 7(1) and Schedule 1), supply the contact and matter particulars required by that form, and lodge documents in the Registrar’s office (reg 7(2)). Where an EDR order varies an award, order or industrial agreement under the IR Act, parties will be identified in the published notice (reg 12(2)(b)).

The Registrar: The Registrar is required to receive and store specified documents, maintain a register of mediation requests, referrals and s 27 applications (reg 8), may keep that register electronically (reg 8(2)), and must present each entry to the Chief Commissioner for allocation as soon as practicable (reg 9). The Registrar is also obliged to publish notices of variation under reg 12 where applicable. The term Registrar is defined by reference to the IR Act s 7(1) (reg 3(1)), tying the office to the IR Act’s definition and its powers and duties.

The Chief Commissioner: The Chief Commissioner has two express roles in the regulations. First, approval in writing by the Chief Commissioner is required for the form in which a referral is made to the IR Commission under EDR Act Part 2 Division 2 (reg 5(a)), so that the Chief Commissioner exercises a gatekeeping function over the referral form. Second, after lodgement the Registrar must present matters to the Chief Commissioner for allocation (reg 9), which places allocation decisions in that office.

IR Commission and its procedural officers: The IR Commission’s existing procedural framework is imported through cross-reference to the IRC Regulations 2005. This affects members, registrars, registries and Registry staff who already apply the IRC Regulations 2005 in IR Act proceedings because much of that same machinery is applied to EDR matters, subject to “such changes as are necessary” (reg 5(b), reg 7(3)).

Entities with instruments under the IR Act: Employers and employees bound by awards, orders or industrial agreements under the IR Act are affected where an EDR order varies those instruments. The regulations require that such variations be publicly notified (reg 12), which informs the wider regulated community and potentially affects rights and obligations under those instruments.

Legal practitioners and advisers: Lawyers, industrial advocates and advisers will be affected by procedural particulars such as filing location, prescribed form, service rules applied by reference to IRC Regulations 2005, and publication obligations. These procedural constraints determine administrative steps advisers must take when initiating or responding to EDR proceedings.

Commonwealth-defined entities: By prescribing an AWA under the Commonwealth Fair Work transitional Act as a Commonwealth enterprise agreement for EDR Act purposes (reg 4), the regulations affect parties who are covered by such AWAs, and create an operational dependency on Commonwealth statutory definitions.

In sum, the regulations primarily affect parties who engage the EDR process, the IR Commission’s registry personnel and the Chief Commissioner, and third parties who are subject to changes in IR Act instruments that result from EDR orders. The practical effect is to channel case management and procedural obligations through established IR Commission mechanisms.

The regulations allocate duties and confer certain procedural rights. They do not create new substantive entitlements under the EDR Act, rather they operationalise how parties exercise rights contained in the EDR Act.

Duties on applicants and parties

• Use of prescribed forms: An applicant under EDR Act s 27 must make the application in the form of Form 1 in Schedule 1 (reg 7(1)). The form requires specified particulars including a brief description of the matter, parties’ contact details and whether the matter is urgent (Schedule 1).
• Filing location: Applications and related documents for a s 27 application must be filed or lodged in the office of the Registrar (reg 7(2)). This is a strict filing locus, creating a central point for document receipt.
• Service obligations: Service of s 27 applications is governed by IRC Regulations 2005 regs 24, 27 and 28 applied “as if the application were filed in proceedings before the Commission” (reg 10). Parties therefore must comply with those service procedures when serving applications, though the precise content of those service obligations is in the IRC Regulations 2005.

Duties on the Registrar and Chief Commissioner

• Register-keeping: The Registrar must keep a register of all requests for mediation under EDR Act s 7, all referrals under EDR Act s 13, and all s 27 applications (reg 8(1)). The register may be electronic (reg 8(2)).
• Presentation and allocation: The Registrar must present each request, referral and application to the Chief Commissioner for allocation as soon as practicable after lodgement (reg 9). This creates a prompting duty on the Registrar and an allocation role for the Chief Commissioner.
• Publication duty: If an EDR order varies the operation of an existing award, order or industrial agreement under the IR Act, the Registrar must publish a notice of the variation in the next available issue of the Western Australian Industrial Gazette and in a statewide newspaper or on the IR Commission’s internet site, specifying the instrument varied, the parties to the EDR order, and the date the order was made (reg 12(1)-(2)).

Procedural rights and cross-reference effects

• Right to have IRC procedural rules apply: The regulations give parties the procedural framework of the IRC Regulations 2005 by cross-reference. For referrals under EDR Act Part 2 Division 2, unless otherwise specified in the referral agreement, the EDR Act or these regulations, the IRC Regulations 2005 apply with necessary changes (reg 5(b)-(c)). For appeals under EDR Act s 22, specified IRC Regulations 2005 provisions apply (reg 6). This is a right to be heard and managed under an existing established regime, but subject to exceptions and necessary adaptations.
• Enforcement mechanism: The regulations link enforcement of EDR orders under EDR Act ss 20 or 25(3) to IRC Regulations 2005 reg 60 (reg 11), ensuring an enforcement pathway exists for EDR decisions and directions.
• Chief Commissioner approval for referral forms: The Chief Commissioner has the right to approve the form of a referral in writing (reg 5(a)), which operates as a gatekeeper function over referral format.

Limits and dependencies

• “With such changes as are necessary”: Where the IRC Regulations 2005 are applied by reference (reg 5(b), reg 7(3)), those rules are to be adapted to the EDR context where necessary. This creates interpretive duties on registry staff and members to identify and apply necessary changes.
• Exclusions: The regulations sometimes limit application of IRC Regulations 2005 provisions, such as reg 6 excluding subregs 102(4) and (13) of the IRC Regulations 2005, which affects the appellate rights framework in specified respects.

Overall, the regulations create clear administrative duties for registry officers and applicants, procedural rights to operate under the IRC Regulations 2005 where referenced, and a publication duty when EDR orders affect IR Act instruments. The practical exercise of these duties and rights depends heavily on the content and interpretation of the IRC Regulations 2005 provisions that are imported by reference.

The regulations themselves contain no express penalties or newly created offence provisions. Instead, they provide for enforcement of EDR Act decisions and directions by importing enforcement procedures from the Industrial Relations Commission Regulations 2005.

Enforcement pathway

• Enforcement cross-reference: Regulation 11 states that IRC Regulations 2005 reg 60 applies for the purposes of enforcing a decision or direction under the EDR Act s 20 or s 25(3). The regulations therefore do not create a bespoke enforcement regime; they rely on an existing enforcement mechanism contained in the IRC Regulations 2005. The content and remedies available under reg 60 are therefore pivotal to enforcement, but reg 60 itself is not reproduced here.

Nature of enforceable instruments

• Decisions and directions under EDR Act ss 20 and 25(3): The regulations explicitly link enforcement procedures to decisions or directions made under those EDR Act provisions. The practical enforcement options available to a party therefore derive from how reg 60 operates in the IRC Regulations 2005 and how that regulation applies to orders or directions made under the EDR Act.

Limited express sanctions in the regulations

• No new financial penalties or criminal offences: The EDR Regulations do not introduce fines, penalties or criminal offences of their own. Any sanctioning power rests on the EDR Act and the enforcement machinery incorporated by reference to the IRC Regulations 2005.
• Reliance on IR Act and IRC Regulations 2005: Because enforcement is referred to reg 60 of the IRC Regulations 2005, parties seeking enforcement must look to that regulation and any relevant IR Act provisions for coercive powers, such as penalties, fines or contempt-style remedies. The EDR Regulations simply establish the applicability of that mechanism to EDR Act matters.

Consequential procedural effects

• Service and procedural compliance as a preliminary to enforcement: Service of applications and notices is governed by IRC Regulations 2005 regs 24, 27 and 28 as applied by reg 10. Proper service and filing are therefore likely necessary steps before enforcement mechanisms under reg 60 can be engaged.
• Publication and transparency as a compliance tool: Regulation 12 requires publication when an EDR order varies an existing IR Act instrument. While not a penalty, publication increases visibility of compliance outcomes and may affect adherence to the varied instrument through public notice.

Practical consequence

• To enforce an EDR decision or direction, a practitioner will need to identify the content of IRC Regulations 2005 reg 60, comply with the filing and service requirements imported by reg 10 and ensure the EDR order meets conditions enabling invocation of reg 60. The regulations themselves anchor enforcement to that external regulatory provision rather than setting out a standalone enforcement regime.

Because the regulations operate by reference for enforcement, a full view of penalties and available remedies requires consulting the IR Act and the IRC Regulations 2005, particularly reg 60. The regulations make clear where to look for enforcement authority, but they do not by themselves list sanctions.

The Employment Dispute Resolution Regulations 2008 are expressly designed to sit in a wider statutory and regulatory network. The regulations do not operate in isolation; they cross-reference and import definitions and procedures from at least three instruments. Those interactions have practical consequences and imply dependencies.

Primary cross-references

• Employment Dispute Resolution Act 2008 (EDR Act): The regulations are subordinate to and operationalise the EDR Act. Reg 3(1) defines EDR Act as the Act, and reg 3(2) states that words and expressions used in the regulations have the same meanings as in the EDR Act. Multiple provisions are structured as procedural supplements to EDR Act sections, for example reg 5’s application to referrals under EDR Act Part 2 Division 2, reg 7’s treatment of applications under EDR Act s 27, reg 6’s treatment of appeals under EDR Act s 22, and reg 12’s publication obligations where EDR orders vary IR Act instruments.
• Industrial Relations Act 1979 (IR Act): The regulations rely on the IR Act via the definition of Registrar and by treating referrals and applications as if they were applications under the IR Act in so far as IRC Regulations 2005 can apply. The IR Act provides the statutory home for the IR Commission and its Gazette, which is the required publication vehicle in reg 12(1)(a).
• Industrial Relations Commission Regulations 2005 (IRC Regulations 2005): The regulations repeatedly apply specified provisions of the IRC Regulations 2005 to EDR matters. Examples include the application of practice and procedure in reg 5(b)-(c), appeal procedures in reg 6, filing and filing procedures in reg 7(3), service procedures in reg 10, enforcement in reg 11, and forms to be used in reg 5(c). This creates a practical dependency: the procedural rules applicable to EDR matters are largely derived from the IRC Regulations 2005, where relevant.

Interaction with Commonwealth law

• Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth): Regulation 4 prescribes that an Australian Workplace Agreement (AWA) within the meaning of the Commonwealth Fair Work transitional Act is to be treated as a “Commonwealth enterprise agreement” for the purposes of the EDR Act s 3(1). This is an explicit importation of a Commonwealth statutory definition into a Western Australian procedural instrument. The effect is to extend the EDR Regulations’ coverage framework to include certain Commonwealth-defined AWAs when interpreting “Commonwealth enterprise agreement”. The consequence is that Commonwealth legislative definitions, and any changes to them, will affect the meaning of that term in the EDR Act context.

Practical implications of cross-references

• Procedural uniformity: By bringing EDR matters under the auspices of existing IRC Regulations 2005 rules, the regulations aim to create administrative consistency between IR Act proceedings and EDR Act proceedings. Parties used to the IR Commission’s practice will find similar procedures applicable, subject to necessary changes.
• External dependency and interpretive work: Because many operative rules are not set out in the EDR Regulations themselves but applied by reference to IRC Regulations 2005, practitioners and registry staff must consult multiple instruments together. This raises interpretive work and the risk that a change to the IRC Regulations 2005 or the Commonwealth definition could have knock-on effects for EDR practice.
• Publication across instruments: Where an EDR order varies an IR Act instrument, reg 12 requires publication in the Western Australian Industrial Gazette, which is the statutory publication tied to the IR Act. The interaction therefore spans both statutory regimes.
• Reservation of Chief Commissioner’s role: The Chief Commissioner’s approval of referral forms and allocation responsibilities reflect institutional overlaps between IR Commission governance under the IR Act and the EDR Act’s dispute-handling arrangements.

Overall, the regulations interlock EDR procedures with the IR Act framework and the IRC Regulations 2005, and they incorporate a Commonwealth statutory definition for a key term. Users must therefore treat the EDR Regulations as a procedural annex to a multi-source regulatory architecture rather than a stand-alone code.

The text of the regulations as provided contains a short amendment and correction history which is confined to the original 2008 instrument and a 2012 amendment.

Original gazettal and commencement

• The Employment Dispute Resolution Regulations 2008 were gazetted on 28 November 2008 (Gazette p. 5019-26) (Compilation table). Regulation 1 and regulation 2 commenced on 28 November 2008, with the remainder of the regulations commencing on 1 December 2008, the day the EDR Act came into operation (reg 2 and Compilation table).
• There was a printers correction published on 5 December 2008 (Compilation table; reg 2 correction note).

2012 amendment

• The Employment Dispute Resolution Amendment Regulations 2012 were gazetted on 16 March 2012 and took effect (reg 1 and reg 2) on 16 March 2012 for regs 1 and 2, and the remainder on 1 April 2012 (Compilation table).
• The 2012 instrument inserted reg 4, prescribing that an AWA, within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), is to be treated as a Commonwealth enterprise agreement for EDR Act s 3(1) purposes (reg 4 inserted note and text).
• The 2012 instrument also amended reg 7 and reg 10 and Schedule 1, as indicated by the amendment notes in the text (reg 7 amended: Gazette 16 Mar 2012 p. 1251; reg 10 amended: Gazette 16 Mar 2012 p. 1251; Schedule 1 amended: Gazette 16 Mar 2012 p. 1251). The text shows changes in reg 7 to the application and cross-reference to the IRC Regulations 2005 provisions applicable to s 27 applications. The printed amending notice in the regulations records those changes without reproducing an explanatory memorandum here.
• There are specific registry corrections noted: reg 2 correction (Gazette 5 Dec 2008 p. 5087) and reg 9 correction (Gazette 5 Dec 2008 p. 5087).

Practical effect of amendments

• The principal substantive amendment is the insertion of reg 4 in 2012 which links the EDR Regulations to a Commonwealth statutory definition (an AWA under the Fair Work transitional Act). This amendment altered the scope of what counts as a “Commonwealth enterprise agreement” for EDR Act purposes, by prescription rather than by creating a new WA statutory definitional regime.
• Other amendments in 2012 are procedural refinements to filing, form and service cross-references (reg 7 and reg 10, Schedule 1), aligning EDR filing practices with the IRC Regulations 2005 framework or clarifying the form content.

No further amendments or later versions are recorded in the source text provided. To trace any subsequent changes beyond 2012, a practitioner must consult current consolidated statute databases or the Western Australian Government Gazette.

The regulations as printed do not record any litigation history, judgments, or reported cases that interpret or challenge them. The text contains no references to judicial decisions or administrative determinations that adjudicate the meaning or application of the Employment Dispute Resolution Regulations 2008.

Consequences for practice and research

• No precedential guidance within the instrument: Because the regulations do not include litigation history, users cannot rely on the regulations alone for case law interpretations. Parties and advisers must look outside the regulations to the EDR Act, the IR Act and any relevant case law or Commission decisions that might have interpreted how EDR processes operate in practice.
• Need to consult IR Commission decisions and courts: Given the regulations import many procedural rules from the IRC Regulations 2005 and interact with the IR Act, relevant judicial or Commission decisions that clarify the operation of those instruments will be found in the IR Commission’s decisions and in superior court reports that address the IR Act or the IRC Regulations 2005. The regulations themselves do not identify which decisions, if any, have dealt with their provisions.
• Risk of uncertainty where cross-references have not been litigated: Absent litigation directly addressing these particular regulations, there may be unresolved questions about how “with such changes as are necessary” is to be applied when importing IRC Regulations 2005 provisions, how the Chief Commissioner’s approval function should be exercised, or how reg 12 publication obligations interact with administrative timetables. That uncertainty will be resolved only through Commission practice or future litigation.

Researchers or practitioners seeking authority on procedural points created by these regulations therefore must consult primary materials beyond the regulatory text: the EDR Act, the IR Act, the IRC Regulations 2005, the Western Australian Industrial Gazette, IR Commission decisions, and any relevant court decisions. The absence of litigation history in the instrument does not mean legal questions cannot arise; it means precedent must be sought elsewhere.

The regulations are compact but embed several practical pitfalls for users who rely on them without cross-checking related instruments. These points arise directly from the text and the way the regulations operate by reference.

Dependency on external instruments

• Extensive cross-referencing to IRC Regulations 2005: The regulations repeatedly instruct users to apply provisions of the IRC Regulations 2005 “as if” the referral or application were an IR Act application, and to use IRC Regulations 2005 forms with necessary changes (reg 5(b)-(c), reg 7(3), reg 10, reg 11). Users may incorrectly assume the EDR Regulations are self-contained. In practice, a practitioner must consult the IRC Regulations 2005 to understand filing, service, appeal and enforcement steps. Failure to do so risks non-compliance.
• Import of a Commonwealth definition: Reg 4 prescribes that an AWA under the Commonwealth Fair Work transitional Act is to be treated as a Commonwealth enterprise agreement for EDR Act purposes. This means the definition of a critical term is partly determined by a Commonwealth Act. Changes at the Commonwealth level could alter the local meaning, so practitioners must confirm the current Commonwealth definition when relying on reg 4.

Chief Commissioner’s approval and discretion

• Referral form approval: The referral must be “in a form approved in writing by the Chief Commissioner” (reg 5(a)). If a party uses an incorrect or unapproved form, the referral may be defective. The regulation gives the Chief Commissioner a procedural control that can affect whether a referral is accepted.
• “As soon as is practicable” allocation by Chief Commissioner: Reg 9 requires the Registrar to present matters to the Chief Commissioner for allocation as soon as practicable. That phrase creates scheduling discretion and potential delay risk; practitioners should not assume immediate hearing allocation.

Exclusions and limited cross-application

• Appeals provisions excluded in part: Reg 6 applies IRC Regulations 2005 reg 102 except subregs 102(4) and (13), and applies regs 103 and 103A. Those exclusions may materially affect appeal rights or timelines, but the exclusions themselves are not explained in the EDR Regulations. Parties must examine the IRC Regulations 2005 to understand what precisely is omitted.
• “Such changes as are necessary”: Where IRC Regulations 2005 are applied “with such changes as are necessary”, that phrase requires interpretive judgment. There is no further guidance in the EDR Regulations as to what counts as necessary, creating room for administrative or judicial interpretation.

Filing, service and publication traps

• Single filing office: Reg 7(2) requires filing at the office of the Registrar. Misfiling elsewhere could constitute a procedural defect. Parties should confirm the current physical and electronic filing arrangements with the Registrar’s office.
• Service rules applied by reference: Reg 10 applies IRC Regulations 2005 regs 24, 27 and 28 to service. Non-compliance with those precise service rules could jeopardise proceedings, but those rules are not reproduced here.
• Publication obligations where EDR order varies IR Act instrument: Reg 12 mandates publication in the Western Australian Industrial Gazette and in a statewide newspaper or on the IR Commission’s internet site, specifying particular details. Failure to publish or to include the required particulars could frustrate the legal effect or public notice function of an EDR order that varies an IR Act instrument.

Form content and scope issues

• Form 1 limitations: Schedule 1 Form 1 accommodates up to three named parties with an instruction to attach additional sheets for more parties. A party who fails to list all relevant parties on the form or attachments risks subsequent service or locus issues.
• Urgency tick box: Form 1 asks whether the matter is urgent but provides no guidance in the regulations on how urgency is assessed. Practitioners must supply urgency reasons in the application and expect procedural discretion to be exercised by the Commission.

Enforcement pathway not specified in the regulations

• Enforcement mechanics reside in IRC Regulations 2005 reg 60: Reg 11 refers to that regulation for enforcement. Users must check reg 60 to determine available remedies and timelines. Assuming enforcement rights based on the EDR Regulations alone risks overlooking preconditions set out in reg 60 or the IR Act.

Record-keeping form and electronic register

• Electronic register permitted: Reg 8(2) allows the register to be stored electronically. This is efficient but requires parties to know how to access or verify entries, and requires the Registrar to maintain the integrity and accessibility of the electronic record.

In short, the main “gotchas” are the multiple external dependencies, the Chief Commissioner’s procedural role, narrowly prescribed filing and publication steps, and the need to consult the IRC Regulations 2005 and relevant Commonwealth legislation to understand the full legal effect. The EDR Regulations are procedural connectors rather than stand-alone rules.

Compliance requires coordinated steps that respect the filing, form, service, register, allocation and publication provisions in the regulations, and an awareness of the IRC Regulations 2005 and the EDR Act.

Preliminary checks

• Confirm applicability and definitions: Verify that the dispute falls within the scope of the EDR Act and check definitions by reference to the EDR Act, and note that reg 3(2) ties definitions in the regulations to those in the EDR Act. If a “Commonwealth enterprise agreement” is relevant, confirm whether it is an AWA as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, because reg 4 prescribes that definition for EDR Act s 3(1) purposes.
• Determine desired pathway: Decide whether the dispute will proceed by mediation under EDR Act s 7, by referral under Part 2 Division 2, or by an application under EDR Act s 27. Each pathway triggers particular procedural rules in the regulations.

Filing an application under s 27

• Use Form 1 in Schedule 1: Prepare the application in the format of Form 1 (reg 7(1) and Schedule 1). Include required particulars: brief description of the matter in dispute, urgency tick box and explanation if urgent, contact details for up to three parties and attachments for additional parties, name/number of any relevant Commonwealth enterprise agreement, and type of assistance sought (Schedule 1).
• Lodge at the Registrar’s office: File or lodge the application and any other documents at the office of the Registrar (reg 7(2)). Confirm current physical or electronic filing arrangements with the Registrar to ensure timely receipt.
• Comply with applicable IRC Regulations 2005: Ensure you observe IRC Regulations 2005 regs 4, 5 and 7(1), (2), (4) and (5) as they apply to the application and related documents (reg 7(3)). Consult the IRC Regulations 2005 to meet filing requirements, particulars, fees if any, and any supporting affidavit or document requirements.

Service

• Serve in accordance with IRC Regulations 2005: Serve the application in accordance with IRC Regulations 2005 regs 24, 27 and 28 as applied by reg 10. Check those IRC Regulations 2005 provisions for timeframes, methods of service, and proof of service requirements.

Referral process

• Use Chief Commissioner-approved form for referrals: If referring an employment dispute to the IR Commission under EDR Act Part 2 Division 2, ensure the referral is made in a form approved in writing by the Chief Commissioner (reg 5(a)). Seek guidance from the Registrar’s office or the Chief Commissioner’s office if the approved form is not readily available.
• Adopt IRC Regulations 2005 practice and procedure where applicable: Unless specified otherwise, proceed on the basis that IRC Regulations 2005 apply with necessary changes when dealing with referrals (reg 5(b)-(c)). Confirm which IRC Regulations 2005 forms and procedural rules should apply and make necessary adaptations.

Appeals and timelines

• Check appellate provisions: For appeals under EDR Act s 22, consult IRC Regulations 2005 regs 102 (except subregs 102(4) and (13)), 103 and 103A as applied by reg 6. Identify any excluded subclauses and their practical effect on rights of appeal, timelines and leave requirements by reading those IRC Regulations 2005 provisions closely.

Register and allocation

• Expect registry entry and allocation: The Registrar will record the request, referral or application in the register (reg 8) and present it to the Chief Commissioner for allocation as soon as practicable (reg 9). Notify clients that allocation will be handled administratively and that the Chief Commissioner has an allocation role.
• Maintain copies and proof of lodgement: Keep stamped copies or electronic receipts showing lodgement at the Registrar’s office, and retain proof of service as required by IRC Regulations 2005 regs 24, 27 and 28.

Enforcement

• Understand enforcement route before relying on it: If enforcement of an EDR decision or direction may be required, consult IRC Regulations 2005 reg 60 (reg 11) to understand available remedies, prerequisites and procedures. Do not assume enforcement is automatic; follow the steps required by reg 60 and the IR Act.

Publication obligations

• Prepare for public notice if the EDR order varies an IR Act instrument: If an EDR order varies the operation of an existing award, order or industrial agreement under the IR Act, ensure the Registrar is provided with all particulars necessary for the publication notice mandated by reg 12. The notice must identify the instrument varied, the parties to the EDR order, and the date of the order, and will appear in the next available Western Australian Industrial Gazette and in a statewide newspaper or on the IR Commission website (reg 12(1)-(2).)
• Advise clients about public effect: Warn clients that variation of an IR Act instrument will trigger public notice and that publication may affect rights or visibility of the variation.

Practical procedural housekeeping

• Confirm current forms and Chief Commissioner approvals: Before lodging any referral, obtain the current Chief Commissioner-approved form and confirm whether the IR Commission has any practice directions that modify how the IRC Regulations 2005 are to be applied to EDR matters.
• Check for updated regulations: Because the EDR Regulations import external instruments, confirm no subsequent amendments to the EDR Act, the IR Act, the IRC Regulations 2005 or the Fair Work transitional Act have altered key meanings or procedures since the versions referenced.
• Ensure attachments and multiple parties are fully listed: Use additional sheets as required by Schedule 1 if there are more than three parties, and attach schedules describing the matter in dispute if necessary.

By following the prescribed form, filing at the Registrar’s office, complying with the applicable IRC Regulations 2005 provisions for service, appeals and enforcement, and by anticipating publication where an IR Act instrument is varied, practitioners can align with the procedural duties the regulations impose. Always consult the EDR Act, the IR Act and the specified IRC Regulations 2005 provisions in parallel to ensure complete compliance.