Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland [2006] QIRC 106 (2006) 183 QGIG 525

[Extract from Queensland Government Industrial Gazette, dated 8 September, 2006, Vol. 183, No. 6, pages 525-528] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 613 - orders about invalidity Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland (RIO/2006/32) VICE PRESIDENT LINNANE 24 August 2006 DECISION [1] This is an application by Andrew Keith Dettmer of the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland (AMEPKU) for the following relief:  a declaration pursuant to s. 613 of the Industrial Relations Act 1990 (Act) that invalidities have happened in the management and administration of the AMEPKU on and from 18 March 1996 to date, by reason of the fact that no election was conducted for the State Conference in accordance with the registered rules of the AMEPKU. The invalidities in respect of failure to conduct elections are outlined in Exhibit 2;  an order that the decisions taken, or purported to be taken, by various persons acting, or purporting to act, as the State Conference or the State Administrative Committee of the AMEPKU be treated as having validly been made by the AMEPKU;  an order that the State Conference constituted by Andrew Dettmer (State Secretary); Peter Lees (Assistant State Secretary - Metals and Engineering); Terence Patrick Chandler, Kel Creedy, Chris Harper, Stephen Page, Denise Perry, Troy Winter, David Scott Fyffe, Tony Head, Rod Orr, Stuart Cook, Ted Couch, Denis Murnane, Gavin Hanes, Darren Genrich, Rohan Webb, Brian James Winkel, Alan Woodford, Katelyn Allen, Patrick Elliot, Ricky Luke, Ashley Blades, Brendan Muller, Peter Moseley, Robert Allen, Brian Dart, Bernard Misztal, Michael Lindsey, Darren Trask, Bruce Newport (Zone Representative to State Conference); Ian McComb (State Organiser Division 7 - Metals and Engineering); Rohan Webb (State Organiser Division 6 - Metals and Engineering); Daniel Dougherty (Assistant State Secretary/Regional Secretary - Printing Division); Warren Butler (Assistant State Secretary/Regional Secretary - Vehicle Division); Darren Trask (State Organiser Division 3 - Metals and Engineering); Brian Devlin (Assistant State Secretary/Regional Secretary - Technical, Supervisory and Administrative Division); Ivan Reis, Michael Forman (State Conference Delegates - Vehicle Division); Michael Cunningham (State Conference Delegates - Technical, Supervisory and Administrative Division); Tracey Edgar, Brad Geinitz, Brenda Hurunui, Steve Smith (State Conference Delegates - Printing Division) be treated as the State Conference of the AMEPKU for all purposes until the application for exemption from holding an election (RIO/2006/34) is determined by the Industrial Registrar;  an order that the State Administrative Committee constituted by Andrew Keith Dettmer, Kelvin John Creedy, Peter Herbert Lees, Warren Leslie Butler, Daniel Stephen Dougherty, Brian John Devlin, Anthony Head, Michael Forman, Michael Hutton Lindsey, Bredley Geinitz, Marcus Evans, David Fyffe and Katelyn Clare Allen be treated as the State Administrative Committee of the AMEPKU until a new State Administrative Committee is elected or exemption from holding elections has been obtained;  an order that the application made to the Registrar to seek an exemption from holding an election (RIO/2006/34) be treated as having validly been made by the AMEPKU; and  an order that the application made to the Registrar to amend the rules of the AMEPKU (RIO/2006/33) be treated as having validly been made by the AMEPKU. [2] The object of the application is to change the effect of the invalidities, to validate certain decisions of the AMEPKU and to regulate the conduct, management and administration of the AMEPKU. [3] The AMEPKU came into existence on 18 March 1996 upon the amalgamation of the Automotive, Metals and Engineering Industrial Union of Employees, Queensland and the Printing and Kindred Industries Union of Employees, Queensland Branch. Historically, the AMEPKU has been administered for all practical purposes as the Queensland Branch of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), an organisation registered under the Workplace Relations Act 1996. All commercial and similar dealings which the state Union was engaged in were transacted through the federal Union, i.e. the AMWU. In consequence, the AMEPKU has no creditors and no commercial and/or business dealings with any other person or organisation. [4] Mr Dettmer, the applicant in this matter, purported to be elected as State Secretary of the AMEPKU in 2004. He was of the understanding that elections conducted by the Australian Electoral Commission were sufficient for both the Queensland Branch of the AMWU and the AMEPKU. -- 1 of 4 -- 2 [5] On 12 May 2006 the State Conference of the AMEPKU met and considered a report about the state of the AMEPKU Rules and carried a resolution to amend the Rules. An application was made to the Industrial Registrar on 8 June 2006 to have the proposed alteration to the AMEPKU Rules approved. [6] On 5 June 2006, those members purporting to be the State Administrative Committee of the AMEPKU met and considered a report about the invalidities that had occurred in the AMEPKU. The State Administrative Committee is a body elected from those persons making up the State Conference of the AMEPKU. Having considered the report, the State Administrative Committee carried the following resolutions:  that the State Administrative Committee of the AMEPKU notes that invalidities may have occurred because the AMEPKU, its Committees and Officers have relied upon the provisions of the Workplace Relations Act 1996;  to avoid any doubt, the State Administrative Committee of the AMEPKU, ratifies all steps taken on its behalf by officials and bodies of the AMWU;  the State Administrative Committee of the AMEPKU authorises and directs AMWU State Secretary, Mr Dettmer to continue to act as State Secretary of the AMEPKU on behalf of the AMEPKU in all matters in connection with industrial disputes, industrial matters and also applications and representations to the Queensland Industrial Relations Commission (QIRC);  the State Administrative Committee of the AMEPKU authorises Mr Moorhead and Ms Allen to appear on behalf of the AMEPKU in all matters before the QIRC, on the instructions of Mr Dettmer;  the State Administrative Committee of the AMEPKU instructs Mr Dettmer to take all necessary steps to obtain a declaration from the QIRC eclaring as valid any invalidities that may have occurred as a result of a failure to obtain exemption from holding elections, including: (a) any decision of State Conference to amend the rules of the AMEPKU; and (b) the motion of the State Administrative Committee to seek exemption from holding elections. [7] In addition, the body purporting to be the State Administrative Committee instructed Mr Dettmer to make application to the Industrial Registrar for exemption from holding elections for the offices of the AMEPKU. That application was filed in the Industrial Registry on 8 June 2006. [8] An application under s. 613 of the Act was also filed in the Industrial Registry on 8 June 2006. An amended application was filed in the Industrial Registry on 28 July 2006. [9] In respect of this application an advertisement was published in the Courier Mail on 27 July 2006 advising that invalidities had occurred in relation to the AMEPKU as a result of elections for office not being held and that an application was before this Commission seeking a declaration to validate such invalidities. The advertisement also advised that the application was listed for hearing on 11 August 2006: see Exhibit 1. Neither the AMEPKU, nor the Industrial Registrar received any objections to the application and no person appeared at the hearing to oppose the application. [10] I have been informed by the Industrial Registrar that the applications in RIO/2006/33, an application to amend the rules of the AMEPKU, and RIO/2006/34, an application for exemption from holding an election in the AMEPKU, are in order and can be dealt with by him if and when any validity in the actual filing of the respective applications is validated. [11] 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.". -- 2 of 4 -- 3 [12] The failure on the part of the AMEPKU in not conducting elections for the State Conference, and thereby for the State Administrative Committee, since 18 March 1996 are invalidities in the management or administration of the AMEPKU’s affairs within the terms of s. 613(1)(a) of the Act. I consider Mr Dettmer to be a person able to make application under s. 613 of the Act by virtue of s. 614(c) of the Act. I therefore declare that invalidities have happened in the management and administration of the AMEPKU on and from 18 March 1996 to date, by reason of the fact that no elections were conducted for the State Conference (and thereby for the State Administrative Committee) in accordance with the registered rules of the AMEPKU during that period of time. [13] 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.". [14] Having read the application and having heard from Mr Moorhead on behalf of the AMEPKU I have decided to make the following orders: 1. That the decisions taken, or purported to be taken, by various persons acting, or purporting to act, as the State Conference or the State Administrative Committee of the AMEPKU on and from 18 March 1996 be treated as having validly been made by the AMEPKU; 2. That the State Conference constituted by Andrew Dettmer (State Secretary); Peter Lees (Assistant State Secretary - Metals and Engineering); Terence Patrick Chandler, Kel Creedy, Chris Harper, Stephen Page, Denise Perry, Troy Winter, David Scott Fyffe, Tony Head, Rod Orr, Stuart Cook, Ted Couch, Denis Murnane, Gavin Hanes, Darren Genrich, Rohan Webb, Brian James Winkel, Alan Woodford, Katelyn Allen, Patrick Elliot, Ricky Luke, Ashley Blades, Brendan Muller, Peter Moseley, Robert Allen, Brian Dart, Bernard Misztal, Michael Lindsey, Darren Trask, Bruce Newport (Zone Representative to State Conference); Ian McComb (State Organiser Division 7 - Metals and Engineering); Rohan Webb (State Organiser Division 6 - Metals and Engineering); Daniel Dougherty (Assistant State Secretary/Regional Secretary - Printing Division); Warren Butler (Assistant State Secretary/Regional Secretary - Vehicle Division); Darren Task (State Organiser Division 3 - Metals and Engineering); Brian Devlin (Assistant State Secretary/Regional Secretary - Technical, Supervisory and Administrative Division); Ivan Reis, Michael Forman (State Conference Delegates - Vehicle Division); Michael Cunningham (State Conference Delegates - Technical, Supervisory and Administrative Division); Tracey Edgar, Brad Geinitz, Brenda Hurunui, Steve Smith (State Conference Delegates - Printing Division) be treated as the State Conference of the AMEPKU for all purposes until the application for exemption from holding an election (RIO/2006/34) is determined by the Industrial Registrar; 3. That the State Administrative Committee constituted by Andrew Keith Dettmer, Kelvin John Creedy, Peter Herbert Lees, Warren Leslie Butler, Daniel Stephen Dougherty, Brian John Devlin, Anthony Head, Michael Forman, Michael Hutton Lindsey, Bredley Geinitz, Marcus Evans, David Fyffe and Katelyn Clare Allen be treated as the State Administrative Committee of the AMEPKU until the application for exemption from holding an election (RIO/2006/34) is determined by the Industrial Registrar; -- 3 of 4 -- 4 4. That the application made to the Registrar to seek an exemption from holding an election (RIO/2006/34) be treated as having validly been made by the AMEPKU; and 5. That the application made to the Registrar to amend the rules of the AMEPKU (RIO/2006/33) be treated as having validly been made by the AMEPKU. [15] I do not believe that the abovementioned orders would cause substantial injustice to the AMEPKU, any member or creditor of the AMEPKU or to any person dealing with or who has dealt with the AMEPKU: see s. 615(4) of the Act. [16] The operative date of this decision is 11 August 2006. Order accordingly. Dated 24 August 2006 D.M. LINNANE, Vice President. Hearing Details: Appearances: Mr. E. Moorhead of the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland. Released: 25 August 2006 2006 21 July 11 August Government Printer, Queensland The State of Queensland 2006. -- 4 of 4 --