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Announcement - Arrangement of Business During 2013-2014 Law Vacation

23 December 2013

The 2013 law vacation commenced from close of business on Friday 20 December 2013.

In line with previous years the Commission will have in place arrangements to ensure that matters are dealt with in a timely way:

  • a duty judge to be on during the weeks 23 December to 31 January 2014 of the law vacation
  • during the period commencing midday 24 December 2013 - 1 January 2014 the Commission will be closed to the public, however, a duty judge and staff will be available to deal with any matter that needs to be dealt with urgently during that period.

    Note:

    Section 1.11(4) of the Uniform Civil Procedures Rules 2005 applies:' If the last day for doing a thing is, or a thing is to be done on, a day on which the registry is closed, the thing may be done on the next day on which the registry is open.'

  • should a matter arise during that period, for example, parties who have a serious industrial dispute which cannot be resolved and the urgent intervention of the Commission is required, parties should contact the Commission's After Hours Number: 0401 142 429
  • in the event that any urgent matter arises that requires one or more of the judicial Members of the Commission to be available to sit arrangements will be made to allow that to occur.
During the course of the law vacation arrangements will be in place to ensure that:
  • unfair dismissal matters continue to be listed to meet the standard time to first listing/conciliation of 21 days

  • industrial disputes can be listed before a member of the Commission immediately, and

  • any urgent notices of motion or similar matters may be listed where appropriate before a judicial member immediately.

Expedition
Practitioners and other users of the Commission are reminded of the provisions under the Commission's Rules to seek expedition in a particular matter or that a matter be determined urgently.

Rule 3.3 of the Industrial Relations Commissions Rules 2009 states

      Applications for proceedings to be dealt with urgently

      (1) An application for proceedings to be dealt with urgently may be made by filing a notice of motion, together with an affidavit setting out, briefly but specifically, the reasons why the proceedings should be so dealt with.

      (2) Copies of the notice of motion and affidavit must be served on each of the other parties together with the originating process or, if the proceedings have commenced before they are filed, promptly after they are filed.

Frequently asked questions:

The following information is to provide further guidance for clients seeking to access the Commission during the period 25 December 2012 - 1 January 2013.

I have an urgent dispute and the registry is closed - what do I do?

In accordance with normal procedures you should prepare either a Form 4 - Notification to Industrial Registrar of an Industrial Dispute ; or a Form 2x - Application s146B of the IRAct 1996 and then contact the Duty Registry Officer on the Commission's After Hours Number: 0401 142 429 and follow the instructions of that officer. 

NSW Industrial Relations Commission Forms

 I have an application that is due to be filed by a certain date and the registry is closed on that day - what do I do? 

For all but criminal matters, time is reckoned in accordance with the Uniform Civil Procedure Rules 2005. Rule 1.11.4 provides that if the last day for doing a thing, or a thing is to be done on a day that the registry is closed the thing may be done on the next day that the registry is open . This means that you can file your application or appeal on the first day that the registry is open.

Parties should also note that there is provision for filing an appeal under Part 7, Chapter 2 of the Industrial Relations Act 1996 (public sector promotional or disciplinary appeals) by either facsimile 02.92580058 or email nswirc@justice.nsw.gov.au

I have a non-urgent enquiry but I would like to action it before I go on holidays - what do I do?

You can email your enquiry to the Commission nswirc@justice.nsw.gov.au if you are unable to find the information you are looking for on our website. You should remember that, essentially, from 1 January 2010, the Commission only has jurisdiction in relation to public sector and local government employees. For persons employed in the private sector enquiries should be made with the federal tribunal Fair Work Commissioner with the Fair Work Ombudsman.

Industrial Registrar