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Re Application filed by Master Plumbers' Association of Queensland (Union of Employers)[2024] QIRC 22

Re Application filed by Master Plumbers' Association of Queensland (Union of Employers)[2024] QIRC 22

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re Application filed by Master Plumbers’ Association of Queensland (Union of Employers) [2024] QIRC 22

PARTIES:

Master Plumbers’ Association of Queensland (Union of Employers)

(Applicant)

CASE NO:

RIO/2023/244

PROCEEDING:

Application

DELIVERED ON:

7 February 2024

HEARING DATE:

7 February 2024

MEMBER:

Pidgeon IC

HEARD AT:

Brisbane

ORDER:

  1. The Queensland Industrial Relations Commission approves, pursuant to s 662 of the Industrial Relations Act 2016 (Qld), an amendment to the eligibility rules of the Master Plumbers’ Association of Queensland (Union of Employers).  
  1. The amendment is to take the form as described in the Application filed in the Industrial Registry on 7 December 2023.
  1. The operative date of the amendment will be the date of this order.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL ORGANISATIONS – APPLICATION TO AMEND ELIGIBILITY RULES – Where the applicant is an employer organisation – Where the application was validly made under the organisation's rules

LEGISLATION:

Industrial Relations Act 2016 (Qld) s 662

Industrial Relations (Tribunal) Rules 2011 (Qld) r 198

Industrial Relations Regulation 2018 s 17

APPEARANCES:

Ms P. Cornah for the Applicant

Reasons for Decision

  1. [1]
    The Master Plumbers’ Association of Queensland (Union of Employers) (‘MPAQ’) filed an application on 7 December 2023 to amend its eligibility rules pursuant to s 662 of the Industrial Relations Act 2016 (Qld) (‘the IR Act’) and r 198 of the Industrial Relations (Tribunal) Rules 2011 (Qld) (‘the Rules’).[1]
  1. [2]
    The proposed amendments will:
  • Expand eligibility for Ordinary Membership with MPAQ to include fire and hydraulics businesses in rules 6(1)(a)-(b) and 6A of the constitution;
  • Amend minor grammatical and spelling errors in rule 6(1)(a)-(b) of the constitution; and
  • In the classifications of Associates to MPAQ at rule 6A(3) of the constitution, replace the classification ‘Honorary’ with ‘Apprentice’.
  1. [3]
    Annexed to the application is an affidavit affirmed by Mr Kent Vickers, President of MPAQ, on 5 December 2023. Mr Vickers deposes that at duly constituted meetings on 22 August 2023, 17 October 2023 and 28 November 2023, he moved motions that amendments be made to MPAQ’s constitution, including amendments to the organisation’s eligibility rules. The August and October meetings were attended by MPAQ’s Management Committee, and the November meeting was an Annual General Meeting. The minutes of each meeting are exhibited to Mr Vickers’ affidavit.
  1. [4]
    In accordance with the Industrial Relations Regulation 2018 (‘the Regulation’) s 17(3), MPAQ published a notice of the proposed amendment to its eligibility rules in the Courier Mail on 15 December 2023. In accordance with s 17(5) of the Regulation, MPAQ served a copy of the notice on the relevant industrial organisations.
  2. [5]
    No notices of objection have been filed.

The proposed amendment

  1. [6]
    The following table, extracted from the application, sets out the proposed amendments to rule 6:

Present Rule and Number

Exact Description or Proposed Amendment

Proposed New Rule

6(1)(a) 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, Mechanical Services business engaged in any section of the plumbing industry.

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

Ordinary Members may be represented at meetings by a person duly nominated for that purpose. Directors, Managers or Partners whose company or firm is a Member and children of Members who are associated with their parents in business may attend regular meetings and shall be entitled to the privileges of membership of the Association with the exception of the right to vote.

The services provided to Ordinary Members shall be those determined by Council from time to time.

6(1)(b) 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 and once they have ceased to own or have a financial interest in (directly or indirectly any Plumbing, Gas-fitting, Drainage, Roofing or Mechanical Services contractor, their membership shall not require them to pay any without subscription or levies for so long as they remain a Member and continue not to have any such interest. The Council may also resolve, in its absolute discretion, that a person who is already a Life Member who does own or have a financial interest in (directly or indirectly a Plumbing, Gas-fitting, Drainage, Roofing, Mechanical Services business, may be exempted from the requirement to pay subscriptions or levies. Life Members shall be elected on the recommendation of the Council and shall be elected at he Annual General Meeting or Special General Meeting and shall be considered Financial Members for the purposes of these Rules notwithstanding that they may not be required to pay any subscriptions or levies.

Add in Fire or Hydraulics

Amend spelling authorised

Add in Fire, or Hydraulics in two places

Correct spelling for the

6(1)(a) 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, Mechanical Services, Fire or Hydraulics business engaged in any section of the plumbing industry.

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

Ordinary Members may be represented at meetings by a person duly nominated for that purpose. Directors, Managers or Partners whose company or firm is a Member and children of Members who are associated with their parents in business may attend regular meetings and shall be entitled to the privileges of membership of the Association with the exception of the right to vote.

The services provided to Ordinary Members shall be those determined by Council from time to time.

6(1)(b) 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 and once they have ceased to own or have a financial interest in (directly or indirectly) any Plumbing, Gas-fitting, Drainage, Roofing, Mechanical Services, Fire or Hydraulics contractor, their membership shall not require them to pay any without subscription or levies for so long as they remain a Member and continue not to have any such interest. The Council may also resolve, in its absolute discretion, that a person who is already a Life Member who does own or have a financial interest in (directly or indirectly a Plumbing, Gas-fitting, Drainage, Roofing, Mechanical Services, Fire or Hydraulics business, may be exempted from the requirement to pay subscriptions or levies. Life Members shall be elected on the recommendation of the Council and shall be elected at the Annual General Meeting or Special General Meeting and shall be considered Financial Members for the purposes of these Rules notwithstanding that they may not be required to pay any subscriptions or levies.

6A Associates of the Association shall comprise of those individuals, partnerships, companies or other legal entities actively engaged in or offering support services to any section of the plumbing, gas, drainage, roofing and mechanical industry which are not eligible for membership or who have retired from business.

Associates may be classified according to the following and receive services subject to the payment of an appropriate fee both as determined by the Council from time to time.

  1. Industry
  2. Retired
  3. Honorary
  4. Other

Add in fire, or hydraulics

Replace Honorary with Apprentice

6A Associates of the Association shall comprise of those individuals, partnerships, companies or other legal entities actively engaged in or offering support services to any of the plumbing, gas, drainage, roofing, mechanical, fire or hydraulics industry which are not eligible for membership or who have retired from business.

Associates may be classified according to the following and receive services subject to the payment of an appropriate fee both as determined by the Council from time to time.

  1. Industry
  2. Retired
  3. Apprentice
  4. Other
  1. [7]
    I am satisfied that in accordance with s 662(1) of the IR Act, the amendment has been proposed under MPAQ’s rules and 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. [8]
    Accordingly, I approve the application to amend the eligibility rules, with the operative date of the amendment being the date of this order.

Order

  1. The Queensland Industrial Relations Commission approves, pursuant to s 662 of the Industrial Relations Act 2016 (Qld), an amendment to the eligibility rules of the Master Plumbers’ Association of Queensland (Union of Employers).  
  1. The amendment is to take the form as described in the Application filed in the Industrial Registry on 7 December 2023.
  1. The operative date of the amendment will be the date of this order.

Footnotes

[1] I note that the applicant cited r 199 in its application, however I take this to be a typographical error.

Close

Editorial Notes

  • Published Case Name:

    Re Application filed by Master Plumbers' Association of Queensland (Union of Employers)

  • Shortened Case Name:

    Re Application filed by Master Plumbers' Association of Queensland (Union of Employers)

  • MNC:

    [2024] QIRC 22

  • Court:

    QIRC

  • Judge(s):

    Pidgeon IC

  • Date:

    07 Feb 2024

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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