Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees (No.2) [2011] QIRC 43

CITATION: Re: Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees (RIO/2010/69) - Decision (No. 2) <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 427 - change of callings Re: Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees (RIO/2010/169) COMMISSIONER FISHER 22 June 2011 DECISION (No. 2) [1] By application filed on 3 September 2010 Julie Bignell, the Branch Secretary of the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees (AMACSU) applied for a change to the list of callings of that organisation. This application was one of three applications dealing with the proposed amalgamation of the AMACSU and The Queensland Public Sector Union of Employees (QPSU). [2] By decision dated 1 December 2010 the Queensland Industrial Relations Commission (QIRC) dealt with Notices of Objection to the proposed change to the list of callings which had been filed: Re: AMACSU.1 The objections were resolved in various forms. Certain objections were resolved by the Commission making Orders pursuant to s. 634 of the Industrial Relations Act 1999 (the Act) which are to apply consequent upon the proposed amalgamation taking effect. One of the Orders (Order 2) affects the list of registered callings of the proposed amalgamating organisation. [3] The Commission has received advice from the Electoral Commission Queensland that the amalgamation ballot was successful. The Industrial Registrar has also advised that no application for a ballot inquiry for a claimed irregularity in an amalgamation has been received. Accordingly, it is appropriate that the Commission now determine the application to change the list of callings of the AMACSU. [4] The application for an amalgamation ballot identifies the QPSU is to be deregistered for the purposes of the amalgamation and the AMACSU is the proposed amalgamated organisation. The application for an amalgamation ballot also provides that all members of the deregistering organisation are to become, upon the coming into force of the amalgamation, members of the proposed amalgamated organisation. [5] The applicant noted that the amalgamation process set out in the Act does not provide a specific mechanism for dealing with an existing organisation's callings. As the application for an amalgamation stipulates, there are no changes to the eligibility Rule of either of the existing organisations, namely the AMACSU or the QPSU. Given these two factors the applicant decided to proceed with an application to change the list of callings on the basis that the AMACSU would absorb the callings of the deregistering organisation into its callings. [6] Section 427 of the Act allows an industrial organisation to make an application to change its list of callings. Section 20 of the Industrial Relations Regulation 2000 (the Regulation) applies to an application for a change of list of callings. It sets out various procedural steps that need to be taken, including publishing notice of the application in the form decided by the Industrial Registrar and serving a copy of the notice on each organisation whose callings either include the callings of the applicant's members or relate to the applicant's eligibility rules: s. 20(3) and (4). The Commission is satisfied that the provisions of s. 20 of the Regulation have been carried out. [7] Section 157 of the Industrial Relations (Tribunals) Rules 2000 (the Rules) deals with applications to change the list of callings of an organisation made under s. 427 of the Act. This section of the Rules specifies certain things that the applicant organisation must show or state in its application, including stating the existing rules of the organisation have been complied with in making the application and the change: s. 157(b). The applicant organisation is also required to attach a copy of the resolution passed in accordance with its rules agreeing to the change: s. 157(f). Having read the affidavits filed by Ms Bignell the Commission is satisfied that the provisions of s. 157 have been met. 1 Re: Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees and The Queensland Public Sector Union of Employees and Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees (RIO/2010/169) and (RIO/2010/171) - Decision http://www.qirc.qld.gov.au. -- 1 of 2 -- 2 [8] As noted earlier, Notices of Objection were received from a number of organisations. Those objections were resolved and the objections were consequently withdrawn. [9] The proposal is that the list of callings of the AMACSU be amended to match the callings to the eligibility Rule - Rule 6 (Eligibility for Membership) of the proposed amalgamated organisation such that: Rule 6A matches to Callings Group 2; Rule 6B matches to Callings Group 1; and Rule 6C matches to Callings Group 3. [10] The AMACSU submitted that this "nailing together" of the list of callings of the two organisations does not expand the amalgamated organisation's coverage beyond that which the two separate organisations presently have. [11] The AMACSU proposed a form of Order the Commission could make in the event it decided to change its list of callings which reflected those matters set out in paragraph [9] above. [12] The QPSU supported the application and the Order sought. [13] The Commission is satisfied that the proposed change to the list of callings does not extend the coverage of the amalgamated organisation beyond that which the AMACSU and the QPSU presently have, that is, prior to their amalgamation. The Commission is also satisfied that the procedural requirements of the legislation have been met. Accordingly, the Commission has decided to make an Order that on the amalgamation day the callings of the amalgamated organisation are those set out in Attachment 1 to the application. This Order is in slightly different terms to the Order sought by the AMACSU at the hearing, however, the Commission does not find it necessary to include in the Order the matching up of the callings with the eligibility Rule. [14] The change to the List of Callings takes effect on the amalgamation day, viz., 1 July 2011. On that day Order 2, referred to in paragraph [2] above, also takes effect (along with the other Orders made). [15] Order accordingly. G.K. FISHER, Commissioner. Hearing Details: 2010 2 December Released: 22 June 2011 Appearances: Mr A. Rich, Slater & Gordon Lawyers on behalf of the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees. Ms D. Ralston and with her Mr A. Scott and Ms K. Flanders on behalf of The Queensland Public Sector Union of Employees. -- 2 of 2 --