Council of the City of Gold Coast v The Australian Workers' Union of Employees, Queensland [2018] QIRC 37

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION CITATION: Council of the City of Gold Coast v The Australian Workers' Union of Employees, Queensland & Others [2018] QIRC 037 PARTIES: Council of the City of Gold Coast Applicant and The Australian Workers' Union of Employees, Queensland First Respondent and Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Second Respondent and The Electrical Trades Union of Employees Queensland Third Respondent and Plumbers & Gasfitters Employees' Union Queensland, Union of Employees Fourth Respondent and Queensland Services, Industrial Union of Employees Fifth Respondent and Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland Sixth Respondent and Transport Workers' Union of Australia, Union of Employees (Queensland Branch) Seventh Respondent -- 1 of 3 -- 2 CASE NO: CB/2018/26 PROCEEDING: Application for Order DELIVERED ON: 12 March 2018 HEARING DATE: 12 March 2018 HEARD AT: Brisbane MEMBER: Industrial Commissioner Fisher ORDER: Pursuant to s 241 of the Industrial Relations Act 2016, all protected industrial action in relation to the proposed bargaining instrument to replace the Gold Coast City Council Certified Agreement 2012 be suspended from midnight Sunday 18 March 2018 until midnight Friday 27 April 2018. CATCHWORDS: INDUSTRIAL LAW - APPLICATION FOR SUSPENSION OF PROTECTED INDUSTRIAL ACTION - where industrial action is threatened - where protected industrial action would threaten to endanger the personal safety or health or welfare of part of the State's population - where protected industrial action would threaten to cause significant damage to an important part of the State's economy. CASES: Industrial Relations Act 2016, s 241 Mr C. Murdoch, QC instructed by Ashurst Lawyers for the Applicant. Mr B. Watson for The Australian Workers' Union of Employees, Queensland, First Respondent. Mr C. Massey, Counsel instructed by Hall Payne Lawyers for Second, Third, Fourth, Fifth and Sixth Respondents. Mr L. Norris and later Ms M. Cerrato for Transport Workers' Union of Australia, Union of Employees (Queensland Branch), Seventh Respondent. Ex Tempore Decision (as edited) [1] The Council of the City of Gold Coast has made an application pursuant to s 241 of the Industrial Relations Act 2016 for an order suspending until 30 April 2018 the protected industrial action which has been notified by The Australian Workers' Union of -- 2 of 3 -- 3 Employees, Queensland; Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland; The Electrical Trades Union of Employees Queensland; Plumbers & Gasfitters Employees' Union Queensland, Union of Employees; Queensland Services, Industrial Union of Employees; Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland; and the Transport Workers' Union of Australia, Union of Employees (Queensland Branch). [2] The application is made under both limbs of s 241(1) of the Act and on the basis that the protected industrial action is threatened. The application has been opposed by the unions mentioned. I record, however, that the unions this morning gave undertakings not to participate in protected industrial action for the period from 2 to 17 April and these undertakings would endure were the Commission not to be satisfied that the order should be made. [3] I accept the parties' submissions that the focus on the Commission's deliberations is on the period from now until 2 April and from 18 to 30 April 2018. Having considered the witness and other evidence presented, as well as the submissions that have been made, I am satisfied that industrial action is threatened and the protected industrial action would threaten to endanger the personal safety or health or welfare of part of the State's population. I have not yet been able to reach a concluded view on whether the evidence is sufficient to make good s 241(1)(b) of the Act. However, only one limb needs to be satisfied to make an order under s 241. [4] I consider that it is appropriate in all of the circumstances to suspend the protected industrial action. However, I have not been persuaded that the suspension should occur immediately. I am also not persuaded that the evidence supports a period of suspension continuing until the 30 April 2018. The period of suspension will be from midnight Sunday 18 March 2018 until midnight Friday 27 April 2018. An Order to this effect will be issued by the Commission. [5] After giving the decision from the Bench, all parties advised that written reasons were not required. -- 3 of 3 --