Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland and Australian Building Construction Employees and Builders' Labourers' Federation (Queensland) Union of Employees (No. 2) [2014] QIRC 74

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION CITATION: Re: Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland and Australian Building Construction Employees and Builders' Labourers' Federation (Queensland) Union of Employees (No. 2) [2014] QIRC 074 PARTIES: Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland and Australian Building Construction Employees Builders' Labourers' Federation (Queensland) Union of Employees (Applicants) CASE NO: RIO/2013/160 PROCEEDING: Application for Proposed Amalgamation DELIVERED ON: 1 May 2014 HEARING DATE: 29 April 2014 MEMBER: Industrial Commissioner Fisher ORDERS: Amalgamation approved as from 1 May 2014 CATCHWORDS: INDUSTRIAL LAW - APPLICATION TO APPROVE PROPOSED AMALGAMATION - Amalgamation ballot held - Declaration made - No objections - Amalgamation approved. CASES: Industrial Relations Act 1999, s 708 Industrial Relations Regulation 2011, s 117(2)(a), s 136 Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland and Australian Building Construction Employees and Builders' Labourers' Federation (Queensland) Union of Employees [2014] QIRC 002 APPEARANCES: Mr J. Payne, Hall Payne Lawyers and with him Mr M. Ravbar and Mr D. Hanna, Australian Building Construction Employees and Builders' Labourers' Federation (Queensland) Union of Employees. -- 1 of 3 -- 2 DECISION [1] On 29 April 2014 after hearing the submissions of Mr Payne, who appeared for the Applicants, and having read the Further Affidavit of James Stedman (Exhibit 4), the Queensland Industrial Relations Commission (the Commission) made the following orders: (a) the amalgamation scheme approved by the Commission1 take effect on 1 May 2014; (b) the BLF be deregistered as from 1 May 2014; and (c) that notice of the amalgamation will be published on the Commission website and by way of notice in the Courier Mail. [2] These are the complete reasons for the decision making the above Orders. [3] On 10 January 2014 the Commission as constituted approved an application for an amalgamation ballot of the Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland (CFMEUQ) and the Australian Building Construction Employees and Builders' Labourers' Federation (Queensland) Union of Employees (BLF).2 [4] On 6 March 2014 Mr Payne advised the Commission that the Electoral Commission Queensland declared the results of the amalgamation ballot on 26 February 2014. A copy of the declaration was provided to the Commission. The result was that a majority of the formal votes cast approved the amalgamation. [5] Mr Payne indicated that pursuant to s 117(2)(a) of the Industrial Relations Regulation 2011 (the Regulation) an amalgamation ballot is approved if more than 50 per cent of the formal votes cast by the members are in favour of the amalgamation. Those are the circumstances of this matter. [6] Section 136(3)(a) of the Regulation provides that the day fixed for the commencement of the amalgamation must not be earlier than the time for making an application for an inquiry into an alleged irregularity in a ballot has ended. Section 123(1) of the Regulation provides the application must be made no later than 60 days after the result of the ballot has been declared. As the declaration was made on 26 February 2014 the 60 day period expired on 28 April 2014. [7] The Industrial Registry advised Mr Payne's firm on 28 April 2014 that no application for an inquiry into an alleged irregularity had been received. [8] Section 136(4) of the Regulation provides: "Before fixing an amalgamation day, the commission must - 1 Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland and Australian Building Construction Employees and Builders' Labourers' Federation (Queensland) Union of Employees [2014] QIRC 002. 2 ibid. -- 2 of 3 -- 3 (a) consult with the existing organisations for the amalgamation about the proposed amalgamation day; and (b) be satisfied that the proposed amalgamated organisation's rules comply with the Act; and (c) be satisfied there are no pending proceedings, other than civil proceedings, against the existing organisations for a contravention of - (i) the Act or another Act; or (ii) an industrial instrument; or (iii) an order made under the Act or another Act." [9] The Applicants confirm as follows:  that the CFMEUQ and the BLF seek the amalgamation day to be 1 May 2014;  the Affidavit of James Stedman affirmed on 7 January 2014 states that the proposed rules of the amalgamated organisations have been confirmed as compliant by Ms R Thiele of the Industrial Registry;  there are no pending proceedings, other than civil proceedings, against the existing organisations for a contravention of - (a) the Act, or another Act; (b) an industrial instrument; or (c) an order made under the Act or another Act. [10] Given the relevant provisions of the Regulation have been satisfied, the Commission made the Orders as set out in paragraph [1] above. -- 3 of 3 --