Industrial Relations Commission Protocols update

18 February 2022

 

Virtual Courtroom (“VCR”) or in-person hearings?

Commission members will continue to list matters by VCR or in-person at their discretion. If a matter is listed by the Commission and parties consider that there are significant reasons in support of the matter being listed by different means, the parties should confer and then jointly write to the Registrar setting out the reasons. The decision as to whether to proceed with VCR or an in-person hearing will remain the decision of the presiding Commissioner.

Vaccination status

Up to and including Thursday 24 February 2022, all persons appearing in-person in the Commission must be fully vaccinated. The onus is on the representatives for the parties to make enquiries of all of their participants and to confirm the vaccination status of the participants to the Commission at least one working day prior to the commencement of the hearing. Evidence of vaccination is a condition of entry to the Commission.

The Commission will provide further information about vaccination requirements on or prior to 24 February 2022.

Limitation on the number of persons in the Hearing Rooms and at the Commission

Density limits are no longer in place at the Commission.  However, as there is limited seating in the Hearing Rooms and there is limited space available for parties to confer outside of the Hearing Rooms, only persons necessary for the arbitration or conciliation to take place should attend the Commission on the day/s of the hearing.

QR Codes

There is no current requirement to check-in at the Commission using the QR code.

Masks

Up to and including Thursday 24 February 2022, masks are to be worn in the Commission’s public spaces, which includes Hearing Rooms and Meeting Rooms, by all attendees at the Commission with the exception of the presiding Member/s and the person speaking at the time in a hearing.  The presiding Commissioner has the discretion to vary these requirements within the relevant Hearing Room.

From Friday, 25 February 2022, there will be no general requirement to wear masks in the Commission precinct. However, the wearing of masks in the Hearing Room will be at the discretion of the presiding Commissioner.

Urgent matters

Any party wishing to notify an urgent industrial dispute or to make an urgent enquiry should contact the Commission on 8688 3516 or for an emergency outside usual Commission hours on 0401 142 429. A party identifying a dispute as urgent must provide sufficient reasons to support the stated urgency.

Review

These protocols may change at short notice due to further COVID-19 rules announced by the NSW Government or further risk assessments completed by the Commission.

 

N J Constant
Chief Commissioner