Blamires [2012] QIRC 36

CITATION: Owen Robert Blamires (RIO/2011/184) - Decision and Order <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 500 - application for election inquiry Owen Robert Blamires (RIO/2011/184) DEPUTY PRESIDENT SWAN 14 May 2012 DECISION [1] On 22 December 2011, the Registrar of the Queensland Industrial Relations Commission (Commission) issued a Decision, pursuant to s. 499 of the Industrial Relations Act 1999 (the Act). In that Decision the Registrar referred an election inquiry to the Commission. This inquiry was made by Mr Owen Blamires. "s. 499 Commission may conduct election inquiry The Commission may, on an application referred to it by the registrar under this part, conduct an inquiry (an election inquiry) about a claimed irregularity in an election for an organisation or branch". Background to claim [2] On 20 June 2011, the Electrical and Communications Association, Queensland Industrial Organisation of Employers (ECA) filed in the Registry under section 481 of the Act, the information as prescribed in s. 36 of the Industrial Relations Regulation 2000 in relation to the conduct of an election by the Electoral Commission Queensland (ECQ) for the following positions of office: [3] Office Number of Positions President 1 Senior Vice President 1 Junior Vice President 1 Treasurer 1 Councillor 5 [4] That election was held on 16 December 2011. It is with regard to this election that Mr Blamires applied to the Commission to conduct an election inquiry pursuant to s. 499 of the Act. [5] Mr Blamires, who is a member of ECA and who resides in a regional area of Queensland, had nominated to be elected as a Councillor. [6] Mr Blamires, a person eligible to make this application for an election inquiry, states that Rule 8(iv) of the ECA requires that 5 members are to be elected to the Council of ECA from the regional areas of Queensland. Only two nominations were received from regional members - one for the position of Senior Vice President (a position that was not challenged) and one from Mr Blamires. Mr Blamires claims that he should have been elected as he was the only nominee from a regional area for a position of Councillor. [7] The Rules of the ECA provide at Rule 8(iv): "(iv) The Council shall be represented from all regions of Queensland. In order to achieve this, five (5) Members of the Council will be elected from the regional areas of Queensland, that is an area outside the South Eastern Queensland region, and five (5) Members of Council will be elected from the South Eastern Queensland region. The South East Queensland region will include the areas of Brisbane, Gold Coast, Sunshine Coast and Ipswich. If five (5) Members of the Council are not elected from the different regions of Queensland then the Council will be made up of the Members elected by the Membership of the Association, in accordance with this Constitution". [8] As it transpired, erroneously ECQ held a secret postal ballot for 5 Councillors as 10 nominations for the position had been received. The subsequent ballot should have been conducted for 4 Councillors because Mr Blamires should have been elected as one of the Councillors in accordance with Rule 8(iv). [9] The Commission finds that an irregularity in the election has occurred, as do all of the interested parties to this application (s. 507 Commission’s functions and powers for inquiry). After hearing the interested parties on this point, an agreed Order will issue from the Commission (s. 508 Orders if irregularity found). -- 1 of 2 -- 2 [10] The Order is as follows:  The result of the previous ballot for the position of Councillor is void under Section 508 (3)(a) of the Industrial Relations Act 1999.  That the election process in 2011 was correctly undertaken up to and including the validation of nominations and roll preparation.  The ballot process is to be undertaken by ECQ.  Mr Owen Robert Blamires is to be elected uncontested to the position of Councillor under Rule 8(iv) of the Electrical and Communications Association, Queensland Industrial Organisation of Employers rules.  A ballot for four (4) Councillor positions is to be re-run with the remaining nine (9) candidates being Anthony Hamilton Arnold, William Frederick Bartley, Ian Andrew Kennedy, Brett Law, Christopher Leonard Lehmann, Shane Charles Lockland, Glen Anthony Powell, Gregory Thomas Skyring and Tammy Stanton.  All candidates for the position of Councillor will be notified of the re-running of the ballot within seven (7) days of the release of the order.  The Electrical and Communications Association, Queensland Industrial Organisation of Employers will provide a roll of voters to the Electoral Commission Queensland that is comprised of members as at the original roll closing date however updated with new address details for members within seven (7) days of the release of the order.  A new ballot paper will be prepared for the election by ECQ within seven (7) days of the release of the order.  Preparation of ballot material will be undertaken as soon as possible but will not take more than two (2) weeks after the provision of the updated roll.  The ballot is to be open twenty one (21) days as directed in the Electrical and Communications Association, Queensland Industrial Organisation of Employers rules.  The count will be undertaken as soon as possible after the closing of the ballot.  The declaration of the new Councillors will occur following the completion of the count.  That the term of the councillors will align with the term of the executive positions duly elected in 2011 and in reference to Industrial Registrar's Decision in matter no. RIO/2011/55. Order accordingly. Dated 14 May 2012. D. A. Swan, Deputy President. Released: 14 May 2012 Appearances: Mr. O. Blamires, Applicant. Mr. W. Van-Der-Merwe, of the Electoral Commission Queensland. Mr. J. O' Dwyer of the Electrical and Communications Association, Queensland Industrial Organisation of Employers. -- 2 of 2 --