Australian Municipal administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch Union of Employees v Energex Limited & Ors [2005] QIRC 96 (2005) 179 QGIG 587

[Extract from Queensland Government Industrial Gazette, dated 29 July, 2005, Vol. 179, No.15, pages 587-588] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 281 – reference to a full bench Australian Municipal administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch Union of Employees AND Energex Limited and Others (No. B1027 of 2005) VICE PRESIDENT LINNANE 14 July 2005 DECISION [1] This is an application by Australian Municipal Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch Union of Employees (AMACS) seeking to have CA276 of 2005, an application by Energex Limited, Energex Retail Pty Ltd, Service Essentials Pty Ltd and SPARQ Solutions for the certification of an agreement, referred to a Full Bench of the Queensland Industrial Relations Commission. [2] The application sought to have this matter heard prior to the scheduled hearing of the application for certification of CA276 of 2005. That being the case the application is made pursuant to s. 281(4) of the Industrial Relations Act 1999 (Act). [3] Section 281 (4) of the Act provides as follows: “Before the hearing of a matter by the commission starts, a party to the proceedings may apply to the vice president for the matter to be referred to a full bench.”. [4] AMACS is not a party to the agreement sought to be certified in CA276 of 2005. AMACS thus has no standing to make an application under s. 281(4) of the Act: see decision of Hall P in The Australian Workers’ Union of Employees, Queensland v Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Jupiters Ltd trading as Gold Coast Convention and Exhibition Centre (2004) 175 QGIG 112. [5] That does not prevent AMACS making a submission to Deputy President Bloomfield during the course of proceedings in CA276 of 2005 for the Deputy President to refer the matter, with the Vice President’s approval, to a Full Bench. [6] The application is dismissed. Order accordingly. D.M. LINNANE, Vice President. Hearing Details: 2005 14 July Appearances: Mr M. Healy for the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees. Mr A. Hornemann-Wren, directly instructed for the Minister of Industrial Relations. Mr I. Buckley for the Queensland Services, Industrial Union of Employees. Mr J. Lunney of Clayton Utz for Energex Limited, Energex Retail Pty Ltd, Services Essential Pty Ltd and SPARQ Solutions. Mr J. Payne of Hall Payne Lawyers for the Electrical Trades Union of Employees of Australia, Queensland Branch. Ms P. Tovey for The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees. Mr E. Moorhead for the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland. Released: 15 July 2005 Government Printer, Queensland The State of Queensland 2005. -- 1 of 1 --