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Queensland Judgments
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  • Unreported Judgment

Re Master Plumbers' Association of Queensland (Union of Employers)

 

[2020] QIRC 34

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re Master Plumbers' Association of Queensland (Union of Employers) [2020] QIRC 034

PARTIES: 

Master Plumbers' Association of Queensland (Union of Employers)

(Applicant)

CASE NO:

RIO/2019/302

PROCEEDING:

Application

DELIVERED ON:

28 February 2020

HEARING DATE:

28 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 Plumbers' Association of Queensland (Union of Employers). 
  1. The amendments are to take the form as described in the Application filed in the Industrial Registry on 11 December 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 s662

Industrial Relations Regulation 2018 s17 Industrial Relations (Tribunals) Rules 2011, r198

Queensland Building and Construction Commission Regulation 2018

APPEARANCES:

Ms P Cornah for the Applicant

Reasons for Decision

  1. [1]
    The Master Plumbers' Association of Queensland (Union 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 18 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.
  1. [3]
    On 6 January 2020 the Commission received a notice of objection to the Application by the Queensland Master Builders Association Industrial Organisation of Employers, however, the objection was subsequently withdrawn on 10 February 2020. 

The proposed amendments

  1. [4]
    The proposed amendments can be characterised as including the correcting of typographical errors and the removal of certain words and phrases.  Additionally, there is an amendment to the definition of "Ordinary Members" to include the words "drainage" and "roofing". It is submitted by the applicant that "drainage" is and always has been an inherent part of plumbing.  In terms of the inclusion of the word "roofing", the material before the Commission makes reference to the definition of "Plumbing" contained within Part 18 of the Queensland Building and Construction Commission Regulation 2018. That regulation relevantly speaks to the scope of work for plumbing and drainage licences and relevantly includes, amongst other things, a refence to "roof and wall cladding".
  1. [5]
    The following table sets out (and highlights) the proposed amendments.

 Current Registered Rule

Proposed New Rule

The proprietor, principle, or authorized representative shall have Australian certification or recognition of their skills and competencies. 

The proprietor, principal, or authorized representative shall have Australian certification or recognition of their skills and competencies. 

  1. (a)
     

ORDINARY MEMBERS

Ordinary members of the Association shall comprise of those individuals, partnerships, companies or other legal entities carrying on a bona fide Plumbing, Gas or Mechanical Services business engaged in any section of the plumbing industry.

  1. (a)
     

ORDINARY MEMBERS

Ordinary members of the Association shall comprise of those individuals, partnerships, companies or other legal entities carrying on a bona fide Plumbing, Gas, Drainage, Roofing or Mechanical Services business engaged in any section of the plumbing industry.

  1. (b)
     

LIFE MEMBERS

With a view to recognising exceptional services to the Association, which have been given over a long period of time, the Association may elect such Members as Life Members. Life Members shall have all the rights and privileges of membership with the exception of legal benefits without subscriptions or levies. Life Members shall be elected on the recommendation of the Council and shall be elected at the Annual General meeting or Specific General Meeting. 

 

  1. (b)
     

LIFE MEMBERS

With a view to recognising exceptional services to the Association, which have been given over a long period of time, the Association may elect such Members as Life Members. Life Members shall have all the rights and privileges of membership with the exception of legal benefits without subscriptions or levies. Life Members shall be elected on the recommendation of the Council and shall be elected at the Annual General meeting or Specific General Meeting. 

 

  1. (c)
     

MERITORIOUS SERVICE MEMBERS

6.(2)

That in the event of an Ordinary Member ceasing to be eligible for membership in accordance with Rule 6(1)(a) their membership hereof shall cease immediately, unless they accept such other class of membership that may be offered.

 

6.(3)

 

An ordinary Member must remain self employed, or an employer, and not enter into contracts of employment for which payment is received under the provisions of any award of agreement, registered or otherwise.

 

  1. (c)
     

MERITORIOUS SERVICE MEMBERS

6.(2)

That In the event of an Ordinary Member ceasing to be eligible for membership in accordance with Rule 6(1)(a) their membership hereof shall cease immediately, unless they accept such other class of membership that may be offered.

 

6.(3)

 

An ordinary Member must remain self employed, or an employer and not enter into contracts of employment for which payment is received under the provisions of any award of agreement, registered or otherwise whether in partnership or as a sole trader, or be employee of a corporate employer of which they are also either a director, other officer or shareholder (directly or through a trust or other entity in which that person has an interest).

 

  1. [6]
    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. [7]
    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 Plumbers' Association of Queensland (Union of Employers). 
  1. The amendments are to take the form as described in the Application filed in the Industrial Registry on 11 December 2019. 
  1. The operative date of the amendments will be the date of this order.
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Editorial Notes

  • Published Case Name:

    Re Master Plumbers' Association of Queensland (Union of Employers)

  • Shortened Case Name:

    Re Master Plumbers' Association of Queensland (Union of Employers)

  • MNC:

    [2020] QIRC 34

  • Court:

    QIRC

  • Judge(s):

    Member O'Connor VP

  • Date:

    28 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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