INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
PRACTICE NOTE NO. 13
First Issue Date:
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15 September 2003
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Re-Issue Date:
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1 February 2010
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Re-issued pursuant to Section 185A of the Industrial
Relations Act 1996 and Section 15 of the Civil Procedure Act 2005.
Procedures for
Review of Awards under s 19 of the Industrial Relations Act 1996
1. The purposes of
this Practice Note are:
(a) to simplify and
facilitate procedures for the review of awards under s 19 of the Industrial
Relations Act 1996;
(b) to improve the
prospects of parties to the award ("the parties") resolving any
differences they may have in such matters by requiring them to define all
issues between them before the callover of such matters; and
(c) to expedite the
review of awards pursuant to s 19.
2. This Practice
Note has effect from the date of re-issue.
3. The Industrial
Registrar, in respect of each current award which has not been the subject of
award review within the period specified in s 19(1) of the Act, shall cause a
Notice of Award Review to be issued to all parties listed in the records of the
Commission as having an interest in that award.
4. Each such award
shall be the subject of callover before the Commission or the Registrar on a
date to be fixed by the Commission approximately five weeks after the issue of
the Notice of Award Review.
5. Not later than
one week before the date of the callover, any party wishing to contend that an
award should be varied pursuant to s 19 of the Act shall:
(a) file and serve a
list of all changes proposed to the award (including whether the award should
be rescinded because it is obsolete) either specifically or, in the case of
substantial changes, by reference to the subject areas of change; and
(b) file a notice of
appearance in accordance with the Rules.
6. Any other party
wishing to appear in the s 19 proceedings shall also file a notice of
appearance no later than one week before the date of the callover.
7. The parties
shall confer on the changes proposed prior to the date of callover and be in a
position to advise the Commission (or the Registrar) at the callover of their
respective positions in respect of the changes proposed.
Boland J, President
1 February 2010
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Printed by
the authority of the Industrial Registrar.