9How service is effected

9 How service is effected 9.1 Subject to these Rules, and any directions of FWA, a party that is required to serve a document on another party, or other parties, to a proceeding must serve the document as soon as practicable. 9.2 Service of a document on an individual, a body corporate or an organisation or branch of an organisation must be effected: (a) by leaving the document with: (i) the individual to whom it is addressed; or (ii) the secretary of the body corporate; or (iii) the secretary of the organisation or branch; or (b) by tendering the document to: (i) the individual to whom it is addressed; or (ii) the secretary of the body corporate; or (iii) the secretary of the organisation or branch; or (c) by leaving the document: (i) with an individual, apparently above the age of 15 years, at the residence, or usual place of business, of the individual who is intended to be served; or (ii) at the registered office of the body corporate; or (iii) at the office of the organisation or branch; or (iv) in a proceeding in which the individual, body corporate or organisation or branch has notified an address for service — at that address; or (d) by posting the document in a prepaid envelope sent by Express Post or registered post to: (i) the residence, or usual place of business, of the individual intended to be served; or (ii) the secretary, at the registered office of the body corporate; or (iii) the secretary, at the office of the organisation or branch; or (iv) in a proceeding in which the individual, body corporate or organisation or branch has lodged an address for service — at that address; provided that if service is by Express Post, the party serving the document must retain the barcode of the pre-paid envelope and produce it if required by FWA; or (e) by fax to a fax number: (i) currently published by the party who is being served as his, her or its fax number; or (ii) advised by the party who is being served as his, her or its fax number in response to a request for a fax number that was made immediately before the transmission of the document; or (iii) appearing as the fax number of the party who is being served on a document lodged with FWA by that party in the same matter; provided that a transmission record showing the successful transmission is retained and produced if required by FWA; or (f) by emailing the document to an email address: (i) currently published by the party who is being served as his, her or its email address; or (ii) advised by the party who is being served as his, her or its email address in response to a request for an email address that was made immediately before the transmission of the document; or (iii) appearing as the email address of the party who is being served on a document lodged with Fair Work Australia by that party in the same matter; provided that the party who is serving the document: (iv) prints the email as a “sent item”, showing the transmission address and the date and time of transmission; or (v) prints a “delivered” statement or a “read receipt” showing the transmission address and the date and time of transmission; and that the document so printed is retained and produced if required by FWA; or (g) if: (i) the person to be served is an employee of the party who is serving the document; and (ii) a common form of communication between the employer and the employee is by email to a particular email address; and (iii) it is reasonable for the employer to expect that an email to that email address will be received by the employee; by emailing the document to that email address, provided that the employer: (iv) prints the email as a “sent item”, showing the transmission address and the date and time of transmission; or (v) prints a “delivered” statement or a “read receipt” showing the transmission address and the date and time of transmission; and that the document so printed is retained and produced if required by FWA. 9.3 For subrule 9.2: > registered office, in relation to a body corporate, means the principal office or the principal place of business of the body corporate. > secretary, in the case of a body corporate that is established under a law of the Commonwealth or of a State or Territory of the Commonwealth, means the secretary, clerk or other proper officer of the body corporate. 9.4 For section 29 of the Acts Interpretation Act 1901, if service of a document is effected by posting it in accordance with paragraph 9.2 (d), a certificate: (a) signed by: (i) a person occupying, or performing the duties of, the office of a General Manager, Australian Postal Corporation; or (ii) a person authorised in writing by that person to give a certificate under this subrule; and (b) stating that a letter that was posted (with prepaid postage) at a specified time, on a specified day and at a specified place, and addressed to a specified address, would, in the ordinary course of the post, have been delivered at that address on a specified day; is evidence of the facts stated.