s146B Dispute Settlement Procedure before the Commission

Practice Note No. 26

Issued 30 July 2010

Pursuant to Section 185A of the Industrial Relations Act 1996 and Section 15 of the Civil Procedure Act 2005

1. The purpose of this Practice Direction is to facilitate the resolution of section 146B matters brought 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 on the date of issue.

Manner of bringing a s146B Dispute Settlement Procedure before the Commission

3. Parties who wish to bring a Dispute Settlement Procedure before the Commission under s146B shall do so by means of a dispute notification as provided by Form 2x - Application to have a Dispute Settlement Procedure Conducted. A copy of Form 2x is annexed.

Standard Directions

4. The following standard directions apply in respect of matters listed pursuant to a s146B Dispute Settlement Procedure:

a) The notifier will ensure that a copy of the Dispute Settlement Procedure is provided when the matter comes before the Commission, if a copy has not already been annexed to the dispute settlement procedure 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.

Boland J, President
30 July 2010

Annexure to Practice Note No.26:

• Form 2x Application to have a Dispute Settlement Procedure conducted.