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President of Court to fix time and place for hearing of disputes

Industrial Relations Regulations 1960

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—(1) Where the Court has cognisance of a trade dispute, the president of the Court may, of the president’s own motion or on the application of a party to the dispute, fix a time and place for the hearing of —(a)the parties to the dispute;(b)the persons alleged to be parties to the dispute; and(c)the trade unions or platform work associations alleged to be parties to the dispute.(2) The Registrar is to then, either at the direction of the president or on the application of a party, issue a notice in accordance with Form 2 to any person, trade union or platform work association appearing to be, or alleged to be, a party to the dispute.(3) A notice under paragraph (2) is to be served or given by the Registrar or a person authorised by the Registrar.(4) For the purposes of section 11 of the Act, any trade union, platform work association or person upon whom a notice under paragraph (3) has been served who, within 3 days after service of the notice, files with the Registrar a notice of intention to be present or to be represented at the hearing of the trade dispute is deemed to be a party to the dispute.(5) Paragraph (4) does not apply to any trade dispute involving a trade union of employees and an employer that is submitted for arbitration pursuant to section 31(a) of the Act and, for the purposes of section 11 of the Act, the trade union and the employers who jointly make the request for submission to arbitration are deemed to be the parties to the trade dispute.(6) Paragraph (4) does not apply to any trade dispute involving a platform work association of platform workers and a platform operator that is submitted for arbitration pursuant to section 31(a), read with section 77A, of the Act and, for the purposes of section 11 of the Act, the platform work associations and the platform operators who jointly make the request for submission to arbitration are deemed to be the parties to the trade dispute.(7) In the case of a trade dispute involving a trade union of employees and an employer —(a)where an invitation has been sent to the trade union of employees under section 11(1) of the Act, the trade union must, within one week of the date of the invitation, select the member of the worker panel; and(b)where an invitation has been sent to the employer under section 11(1) of the Act, the employer must, within one week of the date of the invitation, select the member of the business panel.(8) In the case of a trade dispute involving a platform work association of platform workers and a platform operator —(a)where an invitation has been sent to the platform work association under section 11(1) of the Act, the platform work association must, within one week of the date of the invitation, select the member of the worker panel; and(b)where an invitation has been sent to the platform operator under section 11(1) of the Act, the platform operator must, within one week of the date of the invitation, select the member of the business panel.(9) If a selection is not made within the time specified in paragraph (7)(a) or (b) or (8)(a) or (b), the president must proceed to act in accordance with section 11(3) of the Act.

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