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Queensland Judgments
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  • Unreported Judgment

Re Application filed by Master Electricians Association

 

[2020] QIRC 21

 

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

 

CITATION:

Re Application filed by Master Electricians Association [2020] QIRC 021

PARTIES: 

Master Electricians Association, Queensland Industrial Organisation of Employers

(Applicant)

CASE NO:

RIO/2019/285

PROCEEDING:

Application

DELIVERED ON:

06 February 2020

HEARING DATE:

05 February 2020

MEMBER:

O'Connor VP

HEARD AT:

Brisbane

ORDER:

  1. The Commission approves, pursuant to s 662 of the Industrial Relations Act 2016, eligibility rule amendments to the rules of the Master Electricians Association, Queensland Industrial Organisation of Employers. 
  1. The amendments are to take the form as described in the Application filed in the Industrial Registry on 25 November 2019. 
  1. The operative date of the amendments will be the date of this order.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL ORGANISATIONS - APPLICATION TO AMEND ELIGIBILITY RULES - Where the applicant is a union of employers registered under the Industrial Relations Act 2016 - Where the application was validly made

LEGISLATION:

Industrial Relations Act 2016, s 662

Industrial Relations Regulation 2018, s 17 Industrial Relations (Tribunals) Rules 2011, r198

APPEARANCES:

Mr J Carlisle and Ms E Deighton for the Applicant

Reasons for Decision

  1. [1]
    The Master Electricians Association, Queensland Industrial Organisation of Employers has filed an application to amend its eligibility rules pursuant to s 662 of the Industrial Relations Act 2016 and r 198 of the Industrial Relations (Tribunal Rules) 2011. The applicant is a union of employers registered under the Act.
  1. [2]
    In accordance with s 17(3) of the Industrial Relations Regulation 2018 on 6 December 2019 the Applicant published in a newspaper (The Courier Mail) a Notice of the proposed amendment of its eligibility rules. Further, and in accordance with s 17(5) of the aforementioned Regulation the Applicant served a copy of the Notice on the relevant industrial organisations.

The proposed amendments

  1. [3]
    The Applicant submits that the primary purpose of the amendments is to "strengthen the criteria" for membership eligibility, including but not limited to ensuring the membership base have the "appropriate" business insurances and are legally registered to operate under the appropriate laws. The amendments allow the Council of the MEAQ to determine certain classes of Full Membership and the requirements and services that Full Members of each class will be entitled to receive from the Association. 
  1. [4]
    In short, the proposed amendments relate to two areas of the constitution. The first of the amendments seek to correct a series of typographical errors. The second series of amendments are more substantive in nature and deal with, as noted above, membership criteria, classifications, and entitlements. The following table sets out (and highlights) the proposed amendments.

Current Registered Rule

Proposed New Rule

12. MEMBERSHIP SUBSCRIPTIONS, FEES, FEES, LEVIES IN ARREARS

12. MEMBERSHIP SUBSCRIPTIONS, LEVIES, CONTRIBUTIONS, FEES, SPECIAL FEES

21. REPRESENTATIVE ON OUTSIDE BODIES

  1. REPRESENTATION ON OUTSIDE BODIES

23. SEAL AND EXEUCTION OF DOCUMENTS

23. SEAL AND EXECUTION OF DOCUMENTS

 

30. DATE OF EFFECT

  1. [5]
    The amendments to the membership provisions are as follows: 

Current Registered Rule

Proposed New Rule

4. MEMBERSHIP:

Electrical and Communications and Refrigeration Contractors are eligible to be a full Member of the Association if they meet the requirements of this Clause.

Electrical Contractors must have the appropriate statutory licence to perform electrical work and, if applicable to the operation of the business, any other statutory licence as required to qualify as a Security Firm Class 2 as described in the Security Providers Act 1993 (Qld).

 

 

4. MEMBERSHIP:

  1. (1)
    Full Members

Electrical and Communications and Refrigeration Contractors are eligible to be a full Member of the Association if they meet the requirements of this Clause.

Electrical Contractors must have the appropriate statutory licence to perform electrical work and, if applicable to the operation of the business, any other statutory licence as required to qualify as a Security Firm Class 2 as described in the Security Providers Act 1993 (Qld). Additionally, they must have the appropriate insurances and have an enterprise that is legally registered, under the appropriate laws, and is able to carry out the operations of a business.

  1. [6]
    The eligibility amendments for Electrical Contractors seek to remedy an earlier drafting omission and brings the requirements of Electrical Contractors into line with the requirements pertaining to Communication Contractors and Refrigeration Contractors.
  1. [7]
    The following amendments seek to introduce classifications of Full Membership which are detailed below.

Current Registered Rule

Proposed New Rule

All full and financial Members will have the right to vote and hold the various position of Office.

All Full Members who are also Financial Members will have the right to vote and hold the various positions of Office.

(2) The Council may determine that there will be certain classes of Full Membership, including but not limited to, Gold, Silver and Bronze Full Membership. The Council will determine, from time to time, the requirements of certain classes of Full Membership and the services that Full Members of each class will be entitled to receive from the Association.

  1. [8]
    Finally, the following amendments relate to Life and Retired Members.

Current Registered Rule

Proposed New Rule

Retired Members

The Council may select an individual to be a Retired Member to be placed on the Retired Members List.

The nominated Member must have a lengthy service with the Association.

The Council will determine, from time to time, the services that will be available to the Retired Member. The Retired Member will not be entitled to claim any property or funds of the Association or will be entitled to vote or hold a position of Office.

Life Members

Members or Retired Members who have provided a long and honourable service to the Association and Industry can be made Life Members.

Individuals who are Members are to be nominated as Life Members.

The nominations are to be proposed and seconded by a full Member of the Association, and in writing to the Chief Executive Officer.

The nominations will be considered and voted on at the next General meeting.

The Life Member will be presented with a Life Member's Badge.

A Life Member will not be entitled to claim any property or funds of the Association or will be entitled to vote or hold a position of Office unless the Member is a financial Member.

For the purpose of this Rule, an appropriate statutory licence means a licence issued by the Authority under the appropriate laws.

Retired Members

The Council may select an individual to be a Retired Member to be placed on the Retired Members List.

The nominated Member must have been a Full Member in the period immediately preceding the nomination and must have had a Lengthy Service with the Association.

The Council will determine, from time to time, the services that Retired Members will be entitled to receive from the Association.

A Retired Member will not have any claim on the Association, its property or funds and will not be entitled to vote or hold Office in the Association.

(4) Life Members

Full Members or Retired Members who have provided a long and honourable service to the Association and Industry can be made Life Members.

The nominated Member must have been a Full Member or Retired Member in the period immediately proceeding the nomination.

Individuals who are Members are to be nominated as Life Members.

The nominations are to be proposed and seconded by a Full Member of the Association, and made in writing to the Chief Executive Officer.

The nominations will be considered and voted on at the next General meeting.

The Life Member will be presented with a Life Member's Badge.

A Life Member will not have any claim on the Association, its property or funds and will not be entitled to vote or hold a position of Office in the Association unless the Member is also a Financial Member.

For the purpose of this Rule 4, an appropriate statutory licence means a licence issued by the Authority under the appropriate laws.

  1. [9]
    I am satisfied that in accordance with s 662(1) of the Act, the amendments have  been proposed under the organisation's rules and that there is no organisation to which its members could conveniently belong that would effectively represent them in a way consistent with the objects of the Act.  The provisions of s 662(2) of the Act upon which the Commission may refuse to approve an amendment to the eligibility rule have not been identified in these proceedings and are therefore not enlivened.
  1. [10]
    Accordingly, I approve the present application to amend the eligibility rules, with the operative date of the amendments being the date of this order.

Order

  1. The Commission approves, pursuant to s 662 of the Industrial Relations Act 2016, eligibility rule amendments to the rules of the Master Electricians Association, Queensland Industrial Organisation of Employers. 
  1. The amendments are to take the form as described in the Application filed in the Industrial Registry on 25 November 2019. 
  1. The operative date of the amendments will be the date of this order.
Close

Editorial Notes

  • Published Case Name:

    Re Application filed by Master Electricians Association

  • Shortened Case Name:

    Re Application filed by Master Electricians Association

  • MNC:

    [2020] QIRC 21

  • Court:

    QIRC

  • Judge(s):

    Member O'Connor VP

  • Date:

    06 Feb 2020

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.
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