Re: The Baking Industry Association of Queensland - Union of Employers
[2015] QIRC 166
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- Unreported Judgment
- Re: The Baking Industry Association of Queensland - Union of Employers[2015] QIRC 166
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Re: The Baking Industry Association of Queensland - Union of Employers[2015] QIRC 166
Re: The Baking Industry Association of Queensland - Union of Employers[2015] QIRC 166
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Re The Baking Industry Association of Queensland - Union of Employers [2015] QIRC 166 |
PARTIES: | THE BAKING INDUSTRY ASSOCIATION OF QUEENSLAND - UNION OF EMPLOYERS (Applicant) |
CASE NO: | RIO/2015/93 |
PROCEEDING: | Application to amend an eligibility rule |
DELIVERED ON: | 26 August 2015 |
HEARING DATES: | 26 August 2015 |
MEMBER: | Deputy President O'Connor |
ORDERS: |
|
CATCHWORDS: | INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL ORGANISATIONS - APPLICATION TO AMEND AN ELIGIBILITY RULE - Where the Applicant is a Union of employers registered under the Industrial Relations Act 1999 - Where the application was validly made - Where there was no objection to the proposed amendment - Application allowed. |
CASES: | Industrial Relations Act 1999, s 474 Industrial Relations Regulation 2011, s 18 Industrial Relations (Tribunals) Rules 2011, r 198 |
APPEARANCES: | Mr J.W. Merrell, Counsel instructed by Mr R Stevenson of Australian Workplace Lawyers for the Applicant. |
Decision from the bench
- [1]This is an application by Kevin Leslie Kielly and Vyvyan John Pascoe, being the president, treasure, respectively, of The Baking Industry Association of Queensland Union of Employers seeking to amend the eligibility rule of the BIAQ. The application is made in accordance with s 474 in the Industrial Relations Act 1999 ("the Act") and r 198 of the Industrial Relations (Tribunals) Rules 2011. The applicant is a union of employers registered under the Act. The objects of which the applicant is established, inter alia:
"To foster and assist the development of baking (bread, manufacturing and pastry cooking) industry, to promote, advise and protect the businesses and assets of the members, to represent and express their views and opinions, to consider all questions connected with the baking industry, to promote or oppose legislative or other measures affecting such businesses, and to do all such other lawful things as are incidental and conducive to the attainment of the above objects, and to represent the industry and employers therein and deal on their behalf with trade disputes and industrial matters in the industry and any other matters that come within the provisions of any Act of subordinate legislation affecting the industry or persons concerned therein."
- [2]On 6 July 2015 the applicant applied for a declaration pursuant to s 613(2) of the Act, that invalidities have occurred in the management or administration of the applicant's affairs. On 15 July 2015, Deputy President Bloomfield made an order pursuant to s 613(2) of the Act which declared that the applicant had not obtained the Industrial Registrar's written approval of returning office appointment for each election held since 15 July 1994, as required by s 51(2) of the Industrial Organisations Act 1997 and by s 599 of the Act, and further that the applicant had not filed the information required by s 481 of the Act, as prescribed by s 25 of the Industrial Relations Regulation 1990, s 36 of the Industrial Relations Regulation 2000 and s 34 of the Industrial Relations Regulation 2011.
- [3]Pursuant to ss 651(2) and 651(3) of the Act an order was made, amongst other things, that the committee of management would be constituted by Mr Kielly, Mr Kennedy, Mr Pascoe, Mr Ryan, Mr Dance, Mr Price and Mr Curtain be treated as the committee of management of the applicant for all purposes until a new committee of management of the applicant was elected or 31 December 2016, whichever occurs first, and that the application to the Commission dated 2 July 2015 and filed on 6 July 2015 for the approval of an amended eligibility rules of the applicant be treated as having validly been made.
- [4]I accept on the material before the Commission that notwithstanding the occurrence of the past invalidities in the management of the applicant, the present application before the Commission for an amendment to the eligibility rules has been validly made. The proposed amendment to the eligibility rules are set out in schedule 2 to the application filed in the Commission on 6 July 2015. The applicant submits that the amendment to its rules will better suit the manner in which it conducts and manages its affairs in the years to come. In particular, the applicant submits that the proposed rules will clarify the basis for the eligibility for membership of the BIAQ, clarify that only ordinary members have the right to vote or hold appointment as an officer or member of the state management committee of the BIAQ, and divide ordinary members between two industry groups.
- [5]I am satisfied that in accordance with s 474(1) of the Act, the amendment has 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 474(4) 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.
- [6]I am satisfied the applicant has complied with the requirements contained in s 18 of the Industrial Relations Regulation 2011. There is no objection to the proposed amendment and in accordance with the Act I grant approval for the amendment to the eligibility rules, as sought in its application to the Commission of 6 July 2015, and the operative date of the amendment will be 26 August 2015. I am happy to make the orders in accordance with the draft order that has been submitted, which will be initialed by me and placed with the papers.
Orders
- [7]I make the following orders:
- The Commission approves, pursuant to s 474 of the Industrial Relations Act 1999, an eligibility rule amendment to the rules of The Baking Industry Association of Queensland - Union of Employers by deleting the current rule 4 (CLASSES OF MEMBERS) and inserting in lieu thereof the following amended eligibility rule:
5. CLASSES AND INDUSTRY GROUPS OF MEMBERS
(1) Classes of members
(a) The Association shall have the following classes of members:–
i) ordinary members;
ii) commercial members;
iii) life members;
iv) honorary members; and
v) associate members.
(b) Ordinary membership of the Association is open to any person (including non-natural persons) who:
i) owns or operates a bakery or pastry shop; or
ii) employs persons in or in connection with the bread manufacturing or pastrycooking industries.
(c) Commercial membership may be extended to any person who is in the opinion of the State Management Committee sufficiently identified with any business or operation associated with the baking industry. This category of membership shall not convey the right to vote or hold appointment as an Officer or member of the State Management Committee.
(d) Life membership, for outstanding services rendered to the Association, may be conferred upon any person, by the recommendation of the State Management Committee and ratified by the Annual General Meeting. This category of membership shall not convey the right to vote or hold appointment as an Officer or member of the State Management Committee.
(e) Honorary membership may be conferred by the State Management Committee upon any person or organisation who may be of special assistance to the Association. This category of membership shall not convey the right to vote or to hold appointment as an Officer or member of the State Management Committee.
(f) Associate membership may be extended to any member of the Association who retires permanently from the industry and if they so desire and give notice as hereinafter mentioned to the Association seeking to become a member (Associate). This category of Membership shall not convey the right to vote or hold appointment as an Officer or member of the State Management Committee.
(g) The number of all classes of membership shall be unlimited.
(2) Industry Groups
(a) Ordinary members of the Association shall belong to one of the following Industry Groups:
i) Plant operator; or
ii) Independent operator.
(b) Any ordinary member processing in excess of 10 tonnes of flour on average per week and principally involved in the manufacturing and wholesaling of bread and pastry products shall belong to the Plant operator Industry Group.
(c) All other ordinary members shall belong to the Independent operator Industry Group.
(d) Notwithstanding clauses (5)(2)(a)(b) and (c) the State Management Committee may by unanimous vote approve the ordinary member as a member of either Industry Group upon the request of the individual member concerned.