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Re United Voice, Industrial Union of Employees, Queensland[2022] QIRC 296

Re United Voice, Industrial Union of Employees, Queensland[2022] QIRC 296

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re United Voice, Industrial Union of Employees, Queensland [2022] QIRC 296

PARTIES: 

United Voice, Industrial Union of Employees, Queensland

(Applicant)

CASE NO:

RIO/2022/53

PROCEEDING:

Application to amend name

DELIVERED ON:

Ex tempore

HEARING DATE:

5 August 2022

MEMBER:

O'Connor VP

HEARD AT:

Brisbane

ORDER:

  1. The Commission approves, pursuant to s 661 of the Industrial Relations Act 2016 (Qld), an amendment from the name of 'United Voice, Industrial Union of Employees, Queensland' to 'United Workers' Union, Industrial Union of Employees, Queensland.'
  2. The operative date of the amendment will be 5 August 2022.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL ORGANISATIONS – APPLICATION TO AMMEND NAME OF ORGANISATION – where the Applicant is a union of employers registered under the Industrial Relations Act 2016 (Qld) – where the application was validly made – where no objection

LEGISLATION:

Industrial Relations Act 2016 (Qld) s 661

Industrial Relations Regulations 2018 (Qld) r 17

Industrial Relations (Tribunals) Rules 2011 r 197

APPEARANCES:

Mr D Blackmore of Hall Payne for the Applicant

Decision Ex Tempore

  1. [1]
    The United Voice, Industrial Union of Employees, Queensland ('the Union') has brought an Application before this Commission seeking a change of name pursuant to s 661 of the Industrial Relations Act 2016 (Qld) ('the Act').
  1. [2]
    The request to amend arises from the amalgamation of the National Union of Workers and United voice at the Federal Level. The amalgamation resulted in the name change to the same 'United Workers' Union', and by way of this application, the Applicant seeks to bring the Registered State Industrial Organisation's name into line with its federal counterpart.[1]
  1. [3]
    Section 661 of the Act vests the Commission with power to order an amendment. That section relevantly reads:
  1. (1)
    This section applies to an amendment of an organisation’s name other than an amendment mentioned in section 660.
  2. (2)
    The commission may, by order, approve the amendment only if satisfied the name as amended—
  1. (a)
    has been proposed under the organisation’s rules; and
  1. (b)
    is not—

(i) the same as another organisation’s name; or

(ii) so similar to another organisation’s name as to be likely to cause confusion.

  1. (3)
    Approval may be given wholly or in part.
  1. [4]
    Rule 197 of the Industrial Relations (Tribunals) Rules 2011 (Qld) stipulates the necessary preconditions and obligations an applicant union must fulfill before the Commission can grant a name change pursuant to s 661. Rule 197 relevantly provides:

An application for an order under section 661 of the Act approving an amendment of an organisation’s name must—

(a) be in the approved form; and

(b) show how the amendment was proposed and approved in accordance with the organisation’s rules; and

(c) describe the nature and effect of the amendment; and

(d) state that the amended name is not the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion; and

(e) be under the organisation’s seal or be signed by 2 of the organisation’s officers authorised to sign the application; and

(f) attach a copy of a resolution passed in accordance with the organisation’s rules agreeing to the amendment.

Note—

See also the regulation, sections 16 and 17 .

  1. [5]
    The application was filed in the correct form in the Industrial Registry. Filed simultaneously with that application was an affidavit of Mr Gary Bullock, confirming that the Applicant Union had complied with its obligations under r 197(b). Annexed to that affidavit was a copy of the resolution voted upon. The resolution reads:

That in accordance with Rule 86, the Executive resolves to amend the Rules of United Voice, Industrial Union of Employees, Queensland as follows:

By deleting Rule 1 and inserting in lieu the following:

"The name of the Union is the United Workers' Union, Industrial Union of Employees, Queensland"

  1. [6]
    I am satisfied that the nature and effect of the amendment are adequately described in the originating application and subsequent affidavits.
  1. [7]
    The originating application affirms that the name is not so similar as to cause confusion with another union. Therefore r 197(d) is satisfied.
  1. [8]
    Ms Sharron Caddie and Mr Bullock both signed the originating application in accordance with r 197(e).
  1. [9]
    The resolution has been annexed to the supporting affidavit of 14 March 2022.
  1. [10]
    On the material provided by the Union, I am satisfied that the Applicant has fulfilled its obligations under r 197.
  1. [11]
    I am further satisfied that the Applicant Union has complied with its obligations under r 17 of the Industrial Relations Regulation 2018, in particular r 17(3), which requires a notice of the proposed change to be published throughout the State within 21 days from the filing of the application.
  1. [12]
    The affidavit of Mr Paul Richardson dated 30 March 2022 affirms that the advertising requirements have been met. Annexed to Mr Richardson's affidavit is a copy of the advertisement in the Courier Mail dated 24 March 2022. The date of publication is within the 21 day limit prescribed by r 17.
  1. [13]
    I note further that the time for objections has lapsed, and no objection has been received. On that basis, I make the following orders:
  1. The Commission approves, pursuant to s 661 of the Industrial Relations Act 2016 (Qld), an amendment from the name of 'United Voice, Industrial Union of Employees, Queensland' to 'United Workers' Union, Industrial Union of Employees, Queensland'.
  2. The operative date of the amendment will be 5 August 2022.

Footnotes

[1]Application filed 14 March 2022.

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Editorial Notes

  • Published Case Name:

    Re United Voice, Industrial Union of Employees, Queensland

  • Shortened Case Name:

    Re United Voice, Industrial Union of Employees, Queensland

  • MNC:

    [2022] QIRC 296

  • Court:

    QIRC

  • Judge(s):

    O'Connor VP

  • Date:

    05 Aug 2022

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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