Electrical and Communications Association, Queensland Industrial Organisation of Employers [2014] QIRC 57

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION CITATION: Electrical and Communications Association, Queensland Industrial Organisation of Employers [2014] QIRC 057 PARTIES: Electrical and Communications Association, Queensland Industrial Organisation of Employers (Applicant) CASE NO: RIO/2014/9 PROCEEDING: Eligibility rule amendment DELIVERED ON: 21 March 2014 HEARING DATE: 18 March 2014 MEMBER: Industrial Commissioner Fisher ORDER: Eligibility rule amendment approved. CATCHWORDS: INDUSTRIAL LAW - APPLICATION FOR AMENDMENT OF ELIGIBILITY RULE - Advertisement - No objections - Submissions - Amendment of eligibility rule approved. CASES: Industrial Relations Act 1999, s 474 Industrial Relations (Tribunals) Rules 2011 Industrial Relations Regulation 2011 APPEARANCES: Mr J. O'Dwyer for the Electrical and Communications Association, Queensland Industrial Organisation of Employers, the Applicant. Report on Decision (as edited and expanded) In giving her Decision from the Bench on 18 March 2014, Industrial Commissioner Fisher stated: "This is an application (as amended) by Richard Flanagan, President and Tony Arnold, Senior Vice President of the Electrical and Communications Association, Queensland Industrial Organisation of Employers (ECAQ) to amend the eligibility rule of the organisation pursuant to s 474 of the Industrial Relations Act 1999 (the Act). -- 1 of 2 -- 2 The application seeks to amend the eligibility rule (Rule 4) of the ECAQ's registered rules. A copy of an advertisement placed in the Courier-Mail of 31 January 2014 giving notice of the proposed amendment was provided. Three Affidavits of Service sworn by Jason James O'Dwyer, General Manager - Workforce Policy, ECAQ were provided attesting to the service of the notice on industrial organisations of employers nominated by the Industrial Registrar. No industrial organisation has notified an objection to the proposed amendment. At the hearing Mr O'Dwyer informed the Queensland Industrial Relations Commission (the Commission) that the ECAQ wished to amend the application to correct spelling errors. Given this was a clerical amendment and did not change the intent of the application the Commission granted the ECAQ leave to make the amendments sought. From the information provided in the application together with attachments filed by the ECAQ and submissions made by Mr O'Dwyer, the Commission is satisfied that the amendment has been proposed under the ECAQ's Rules (s 474(1)(a) of the Act) and in accordance with Rule 198 of the Industrial Relations (Tribunals) Rules 2011. Further, the application complies with Regulation 18 of the Industrial Relations Regulation 2011 in that a copy of the notice was served on those organisations whose callings include the callings of the applicant's members or relate to the applicant's eligibility rules. The Commission approves the eligibility rule amendment with effect from today, 18 March 2014. Order accordingly." -- 2 of 2 --