Arrangement of business during 2015-2016 law vacation
11 December 2015
The 2015 law vacation commences from close of business on Friday 18 December 2015.
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 21 December 2015 to 2 February 2016 of the law vacation
- during the period commencing midday 24 December 2015 - 4 January 2016 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.
- 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.'
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.
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 24 December 2015 - 4 January 2016.
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 (email@example.com).
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 (firstname.lastname@example.org) 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 Commission or with the Fair Work Ombudsman.