Practice Direction No.18




Disputes pursuant to section 146A (Referral Agreements) of the
Industrial Relations Act 1996
Pursuant to Rule 89 of the Industrial Relations Commission Rules 1996

1. The purpose of this Practice Direction is to facilitate the resolution of section 146A matters before the Industrial Relations Commission of New South Wales by ensuring that such proceedings are conducted before the Commission in an efficient and expeditious manner and that practitioners and others who appear before the Commission do all they can to facilitate the just, quick and cost effective disposal of such proceedings.

2. This Practice Direction will become effective 14 days after publication in the Industrial Gazette.

Manner of bringing a s146A Referral Agreement matter before the Commission.

3. Parties who wish to bring disputes before the Commission under s146A shall do so by means of a dispute notification as provided by Form 4A. A copy of Form 4A is annexed.
    The dispute notification should mention the referral agreement in Part 5 - 'the award, agreement or determination which applies' to the parties. Where the parties' referral agreement relates to parts of the Act in respect of which other kinds of forms of application are prescribed, then the notifier should annex forms which broadly conform with such other forms to the dispute notification.
      Standard Directions

      4. The following standard directions apply in respect of matters listed pursuant to a s146A referral agreement:
        a. The notifier will ensure that a copy of the referral agreement is provided when the matter comes before the Commission, if a copy has not already been filed with the Industrial Registrar or annexed to the dispute notification.
        b. Each party will have a representative attending the Commission who is fully conversant with the matter and who has full authority in relation to the settlement of the matter.
        c. If the parties have agreed that the Commission is to exercise functions in respect of which standard directions or procedures have been established by the Commission (by Practice Directionor otherwise) those directions or procedures will apply to the proceedings.

      Filing a general referral agreement

      5. Referral agreements do notrequire registration or certification by the Commission.
        However, in the case of a general referral agreement, a copy of the agreement may be filed with the Commission by forwarding a copy of that agreement under cover of letter to the Industrial Registrar with a request that the document be received as a general referral agreement between the parties for the period of its duration.

        Dated:   4 May 2006 M J Walton J
        Acting President