Federated Ironworkers Association of Australia (Queensland Branch) Union of Employees [2008] QIRC 34 (2008) 187 QGIG 217

[Extract from Queensland Government Industrial Gazette, Dated 18 April 2008, Vol. 187, No. 14, pages 217-220] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 613 - orders about invalidity or its effects Federated Ironworkers Association of Australia (Queensland Branch) Union of Employees (RIO/2008/12) VICE PRESIDENT LINNANE 8 April 2008 DECISION [1] This is an application by Francis James Chambers of Federated Ironworkers Association of Australia (Queensland Branch) Union of Employees (FIA) seeking the following relief:  a declaration pursuant to s. 613 of the Industrial Relations Act 1999 (Act) that invalidities have occurred in the management and administration of the FIA's affairs;  a declaration pursuant to s. 613 of the Act that invalidities have occurred in the management and administration of the FIA on and from 12 February 1992 to date as no election was conducted for the Branch Committee of Management in accordance with the registered rules of the FIA;  an order that the Branch Committee of Management of the FIA, shall on and from the date of any order, be constituted by the following persons: Branch Secretary Francis James CHAMBERS President Marina Carolyn WILLIAMS Committee Member Brian PATTISON Committee Member/Trustee Daphne Irene BRYANT Committee Member Adrian Joseph MURRAY Committee Member James CHAMBERS Committee Member Quan CHU Committee Member Dale RYAN Committee Member Barry MARTIN  an order that the decisions of the Branch Committee of Management, as constituted prior to the date of any order, that may have been affected by invalidities be validated so that any act, matter or thing rendered invalid be remedied and validated. [2] The object of the application is to remedy the invalidities that have occurred, to change the effects of the invalidities and to validate any act, matter or thing rendered invalid by the said invalidities. [3] On 12 February 1992 the then Committee of Management of the FIA applied for, and was granted, an order protecting against invalidities (B507 of 1991). On 14 April 1993 Mr Chambers, the current applicant, was appointed to the position of Branch Secretary of the FIA. Mr Chambers has fulfilled the functions of Branch Secretary since that time, however, no election for officers of the organisation has been held since the 1992 order protecting the organisation against invalidity. [4] From the date of registration, the FIA was the Queensland Branch of the Federated Ironworkers Association of Australia (FIAA), an organisation registered under the federal legislation. Under the registered rules of the FIA, elections for the Committee of Management were linked to the elections of the FIAA. In the early 1990's, the FIAA amalgamated with the Australasian Society of Engineers (ASE) to form the Federation of Industrial, Manufacturing and Engineering Employees (FIMEE). FIMEE subsequently amalgamated with the Australian Workers' Union (AWU). As a result of the federal amalgamations it would seem that elections for the Committee of Management of the FIA were overlooked. [5] It would also appear that, following the amalgamations, the current registered rules of the FIA may have prevented an election being validly held as the FIAA does not exist by that name or in that form as a result of the amalgamations. [6] On 3 December 2007, the persons purporting to be the Committee of Management, met and passed a unanimous resolution to make application to correct the invalidities that have occurred. As a result, Mr Chambers caused three applications to be filed in the Industrial Registry including the current application. The other two applications were an application for exemption from the holding of a state election (RIO/2008/11) and an application for the amendment of the rules of the FIA (RIO/2008/10). I have been informed by the Industrial Registrar that RIO/2008/10 complies with the requirements of the Act and the Industrial Relations Regulation 2000 and that the -- 1 of 3 -- 2 Industrial Registrar would be able to approve the new rules should an order be made validating the actual filing the application. [7] Insofar as RIO/2008/11 is concerned the application appears to be in order save for the validation of the filing of the application and the requirement imposed by regulation 22(2) of the Industrial Relations Regulation 2000. In that regard I am informed that a notice has been prepared and inserted into a publication known as "The Worker" which is distributed to all FIA members free of charge. The publication is provided to members quarterly and the notice is contained in the current issue of "The Worker" which, at the time of the hearing, has been distributed to members by Australia Post. Mr Chambers has acknowledged that should this application be granted and the application in RIO/2008/10 be refused that the FIA would be required to immediately hold an election. [8] In respect of this application, Mr Chambers caused a notice of the hearing to be published in the "public notices" section of The Courier Mail on 8 March 2008 advising that invalidities had occurred and that an application for a declaration of invalidity was scheduled to be heard on 18 March 2008. No person having an interest in this matter has made contact with the Industrial Registrar. [9] The evidence of Mr Chambers is that the FIA has no creditors. [10] Section 613 of the Act provides as follows: "613. Commission may decide (1) The commission may, on application, decide whether an invalidity has happened in- (a) the management or administration of an organisation's affairs; or (b) the election or appointment of an officer of an organisation; or (c) the making, amending or repealing of a rule of an organisation. (2) In deciding the application, the commission may declare whether or not an invalidity has happened.". [11] The failure on the part of the FIA in not conducting elections for the Branch Committee of Management since 12 February 1992 are invalidities in the management or administration of the FIA's affairs within the terms of s. 613(1)(a) of the Act. I consider Mr Chambers to be a person able to make application under s. 613 of the Act by virtue of s. 614(b) of the Act. I therefore declare that invalidities have happened in the management and administration of the FIA as and from 12 February 1992 to date, by reason of the fact that no elections were conducted for the Branch Committee of Management in accordance with the registered rules of the FIA during that period of time. [12] Having declared that invalidities have happened, it is then s. 615 of the Act which deals with the orders about the effect of any such declaration. Section 615 of the Act provides as follows: "615. Orders about effects of invalidity (1) This section applies if, on the hearing of the application, the commission declares an invalidity has happened. (2) The commission may make an order it considers appropriate to- (a) remedy the invalidity or to cause it to be remedied; or (b) change or prevent, or cause to change or prevent, the effects of the invalidity; or (c) validate an act, matter or thing made invalid by or because of the invalidity. (3) The commission may also make another order consequential to an order under subsection (2). (4) The commission must not make an order under this section if the order would cause substantial injustice to- (a) the organisation that the invalidity concerns; or (b) a member or creditor of the organisation; or (c) a person dealing with or who has dealt with the organisation.". [13] Having read the application filed on 15 February 2008, the further Affidavit of Francis James Chambers (Exhibit 1) and having heard from Mr Broanda on behalf of the FIA, I make the following orders: -- 2 of 3 -- 3 1. That the decisions taken, or purported to be taken, by various persons acting, or purporting to act, as the Branch Committee of Management of the FIA on and from 12 February 1992 be treated as having validly been made by the FIA; 2. That the Branch Committee of Management shall, on and from 18 March 2008, be constituted by the following persons: Branch Secretary Francis James CHAMBERS President Marina Carolyn WILLIAMS Committee Member Brian PATTISON Committee Member/Trustee Daphne Irene BRYANT Committee Member Adrian Joseph MURRAY Committee Member James CHAMBERS Committee Member Quan CHU Committee Member Dale RYAN Committee Member Barry MARTIN for all purposes until the application for exemption from holding an election (RIO/2008/11) is determined by the Industrial Registrar; 3. That the application made to the Industrial Registrar to seek an exemption from holding an election (RIO/2008/11) be treated as having validly been made by the FIA; and 4. That the application made to the Industrial Registrar to amend the rules of the FIA (RIO/2008/10) be treated as having validly been made by the FIA. [14] I do not believe that the abovementioned orders would cause substantial injustice to the FIA, any member or creditor of the FIA or to any person dealing with or who has dealt with the FIA: see s. 615(4) of the Act. [15] The operative date of this decision is 18 March 2008. D.M. LINNANE, Vice President. Hearing Details: 2008 18 March Appearances: Mr. D. Broanda of the Federated Ironworkers Association of Australia (Queensland Branch) Union of Employees. Released: 8 April 2008 Government Printer, Queensland The State of Queensland 2008. -- 3 of 3 --