Blamires [2011] QIRC 89

CITATION: Owen Robert Blamires (RIO/2011/184) - Decision <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 500 - application for an election inquiry Owen Robert Blamires (RIO/2011/184) REGISTRAR SAVILL 22 December 2011 Election for office of Councillor - Application for election inquiry lodged - Definition of irregularity - Irregularity found - Matter referred to the Commission. DECISION On 20 June 2011 the Electrical and Communications Association, Queensland Industrial Organisation of Employers (ECA) lodged in the Registry under section 481 of the Industrial Relations Act 1999 (Act), the information as prescribed in section 36 of the Industrial Relations Regulation 2000 in relation to the conduct of an election by the Electoral Commission of Queensland (ECQ) for the following positions of office: Office Number of Positions President..................................................................................................................................................1 Senior Vice President..............................................................................................................................1 Junior Vice President ..............................................................................................................................1 Treasurer .................................................................................................................................................1 Councillor ...............................................................................................................................................5 On 21 June 2011 the Industrial Registrar found that the election being sought was for positions of office within the meaning of the Act and required to be held under the Rules of the ECA and under s. 482 of the Act, and made arrangements for the conduct of the election of the above named positions by the ECQ. On 30 June 2011, ECQ issued an Election Notice calling for nominations from members of ECA for the aforementioned positions of office, with nominations closing at midday on Monday 15 August 2011. As per the ECQ's "Summary of Nominations", Mr Owen Robert Blamires was one of 10 nominees for the position of Councillor. The Returning Officer of the ECQ proceeded to a ballot for the positions of 5 Councillors resulting in a declaration of persons as Councillors, none of which included Mr Blamires. On 16 December 2011 Mr Owen Robert Blamires applied to the Queensland Industrial Relations Commission (Commission) to conduct an election inquiry pursuant to s. 499 of the Act. Section 499 of the Act provides as follows: "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.". Section 502 of the Act provides as follows: "502 Referral to commission (1) The registrar may refer the application to the commission only if satisfied- (a) there are reasonable grounds to inquire whether there has been an irregularity in the election that may have affected, or may affect, the election result; and (b) the circumstances justify an inquiry. (2) In deciding whether to refer, the registrar may consider other appropriate information of which the registrar has knowledge.". -- 1 of 2 -- 2 Section 409 of the Act provides a definition for "irregularity" as follows: "409 Definitions for ch 12 ... irregularity includes- (a) a contravention of an organisation's rules; and (b) for an election or ballot, an act or omission by which the following is, or is attempted to be, prevented- (i) the full and free recording of votes by all persons who may record a vote and by no other persons; (ii) a correct working out or declaration of the results of the voting.". The Rules of the ECA provide at Rule 8(iv): "(iv) The Council shall be representatives 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.". From a reading of Mr Blamires application, two nominations were received from the regional areas of Queensland, one of which was his. This has been confirmed by the ECQ. The Industrial Registrar is also aware, from telephone conversations and email correspondence between the ECQ and Registry staff that the ECQ accepts there would appear to be an error in the ECQ's conduct of the election. [see s. 502 (2) of the Act] I am satisfied that there are reasonable grounds to inquire whether there has been an irregularity in the election, particularly the correct working out of the result and I am satisfied that the circumstances justify an inquiry. I have therefore decided to refer the matter to the Commission. G.D. SAVILL, Industrial Registrar. Released: 22 December 2011 -- 2 of 2 --