Australian Community Services Employers Association, Queensland Union of Employers [2008] QIRC 29 (2008) 187 QGIG 189

[Extract from Queensland Government Industrial Gazette, Dated 11 April 2008, Vol. 187, No. 13, pages 189-190] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 474 - approval for eligibility rule amendment Australian Community Services Employers Association, Queensland Union of Employers (RIO/2007/159) VICE PRESIDENT LINNANE 2 April 2008 REPORT ON DECISION (as edited) Delivering her decision from the Bench on 2 April 2008, Vice President Linnane stated: "This is an application by the Australian Community Services Employers Association, Queensland Union of Employers (ACSEA) to amend its eligibility rule pursuant to s. 474 of the Industrial Relations Act 1999 (Act). The application has been made in accordance with the relevant provisions of both the Act and the Industrial Relations Regulation 2000. The proposed amendment to the rule has also been made in accordance with the rules of the applicant organisation. The Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers (QCCI) filed a notice of objection to the ACSEA application. The ACSEA and the QCCI have reached an agreement whereby the ACSEA has sought an amendment to the eligibility rule originally sought in its application. The proposed new eligibility rule is that found at Exhibit 5. The amendment concerns the definition of "community services" in the proposed rule 6(2). On the basis that the ACSEA amended its application in the manner sought in Exhibit 5 the QCCI withdrew its notice of objection. It should also be noted that rule 6(1)(a) has also been amended to insert at the end of that sub-section the words "in the State of Queensland". This has been done so that the ACSEA eligibility rule complies with recent amendments to the Workplace Relations Amendment Regulations 2008 (No 2). There is no material before me on the basis of which I could conclude that the persons who will become eligible as a result of the proposed change might conveniently belong to any other organisation. None of the matters outlined in s. 474(3) of the Act have been identified. In those circumstances I am required by the provisions of the Act to grant consent to the amendment of the eligibility rule and I so do. The amendment is found in Exhibit 5 and the amendment will be effective 2 April, 2008.". Order accordingly. By the Commission, [L.S.] C.R. CHADWICK, Acting Industrial Registrar. Hearing Details: 2008 28 February 2 April Appearances: Mr. L. Moloney of Livingstones Australia for the Australian Community Services Employers Association, Queensland Union of Employers. Released: 2 April 2008 Government Printer, Queensland The State of Queensland 2008. -- 1 of 1 --