Application by Queensland Cane Growers' Association Union of Employers [2020] QIRC 186

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION CITATION: Application by Queensland Cane Growers' Association Union of Employers [2020] QIRC 186 PARTIES: Queensland Cane Growers' Association Union of Employers (Applicant) CASE NO: RIO/2020/221 PROCEEDING: Application for deregistration DELIVERED ON: 30 October 2020 HEARING DATE: 29 October 2020 MEMBERS: HEARD AT: O'Connor VP Dwyer IC McLennan IC Brisbane ORDER: 1. That Queensland Cane Growers' Association Union of Employers is deregistered. CATCHWORDS: INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL ORGANISATIONS – DEREGISTRATION OF AN ORGANISATION – where the applicant union sought deregistration orders – whether all necessary requirements had been met for deregistration. LEGISLATION: Industrial Relations Act 2016 (Qld) s 878 -- 1 of 4 -- 2 APPEARANCES: Mr C. J. Cooper of C J Cooper and Associates for the Applicant. Reasons for Decision [1] The Queensland Cane Growers' Association Union of Employers (QCGA) has filed an application pursuant to s 879 of the Industrial Relations Act 2016 (IR Act) for an order deregistering that union. The application is made pursuant to s 878(d)(iv) of the Act which provides: 878 General deregistration grounds The full bench may order the deregistration of an organisation (a deregistration order) on any of the following grounds – … (d) the organisation’s rules – … (iv) provide for the organisation to end on the happening of an event and the event has happened; … [2] Relevantly, Rule 47 of the QCGA Rules provides as follows: 47.1 The Association may be dissolved by a resolution passed by three-fourths majority of the members present and voting at a Special Meeting of members duly convened for that purpose provided that not less than six calendar months' notice in writing of the intention to convene such a Special Meeting to propose such a resolution shall have been given to all the members of the Association and the decision of the first meeting is subsequently confirmed by a similar majority at a second meeting held not fewer than fourteen days or more than twenty- eight days after the first meeting. 47.2 If a resolution for the dissolution of the Association is passed as aforesaid the real and personal property of the Association shall be held by the Trustee and shall be applied by him or her firstly in payment of debts and liabilities of the Association and secondly the costs of an incidental to the dissolution and subject thereto shall be transferred to such other body or bodies, institution or institutions or associations having objects similar to or partly similar to those of the Association as the Executive Council may determine or in default of any such determination by the Executive Council to some non-profit making body or bodies, institution or institutions or association or associations. 47.3 Upon final distribution of the property and assets of the Association the Trustee and Treasurer of the Association shall submit to a special meeting of members of the Association a statement of the distribution duly audited and the Special Meeting having dealt with the same may give instructions as to the disposition of the books and records of the Association and the Association shall then stand finally dissolved. -- 2 of 4 -- 3 [3] At the Annual General Meeting held on 12 November 2019 it was unanimously resolved to deregister the Association in accordance with its Rules and for this application to be made to the Commission. [4] On 11 May 2020 at a duly convened Special Meeting of the Association, of which not less than six months' notice of the meeting had been given, all members of the Association resolved unanimously to confirm its members wish to dissolve the Association. [5] At a duly convened meeting of the Association on 4 June 2020, being a meeting convened not fewer than fourteen days or more than twenty-eight days since the meeting on 11 May 2020, all members resolved unanimously to re-confirm the decision to dissolve the Association. [6] The resolution carried on 4 June 2020 constituted the happening of an "event" for the purposes of s 878(d)(iv) of the IR Act. [7] The Full Bench notes that at a duly convened meeting of the Association on 6 October 2020 the Treasurer and Trustee presented to the meeting an audited statement of distribution in accordance with Rule 47. [8] The Full Bench is satisfied that all necessary procedural requirements have been complied with. [9] Mr Cooper brought to the attention of the Full Bench that the Queensland Cane Growers' Association is one of the oldest registered industrial organisations in Queensland. Mr Cooper, on behalf of the Applicant, took the opportunity to place on record the Association's thanks to the Commission for its service to QCGA and paid tribute to The Australian Workers' Union of Employees, Queensland for its professionalism over many years. [10] It is always a matter of some regret when long standing industrial organisations seek and obtain deregistration in this jurisdiction. It unfortunately reflects the changes brought about by the passing of the Workplace Relations Amendment (Work Choices) Act 2005. As we know that legislation changed forever the industrial landscape in Queensland. The jurisdiction remaining under the Industrial Relations Act 1999 mostly concerns industrial relations for the public sector, local government and other State responsibilities with the whole of the private sector becoming subject to the national system. [11] The Full Bench notes that the QCGA has as its primary objective, the advancement and protection of the interests of cane farming families in Queensland since 1925. The Commission's records reflect that QCGA is the oldest employer organisation in this jurisdiction having first been registered on 13 August 1926. -- 3 of 4 -- 4 [12] Having read the application filed in the Industrial Registry on 6 October 2020; the affidavit of Jodie Melissa Mittelheuser affirmed on the same date; and heard the submission of Mr Cooper on behalf of the Applicant, the Full Bench is satisfied that all necessary procedural requirements have been met and that a majority of the members of the Association have agreed to its deregistration in accordance with its Rules. [13] No incidental orders are sought. [14] Accordingly, the Queensland Cane Growers' Association Union of Employers is deregistered. [15] The Full Bench makes the following order: Order 1. That Queensland Cane Growers' Association Union of Employers is deregistered. -- 4 of 4 --