Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v The Australian Workers’ Union of Employees, Queensland & Anor [2003] QIRC 225 (2003) 174 QGIG 1455

19 December, 2003 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1455 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 281 – reference to full bench Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND The Australian Workers’ Union of Employees, Queensland and Another (No. B1937 of 2003) VICE PRESIDENT LINNANE 9 December 2003 Application for Reference to Full Bench. DECISION [1] This is an application by the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees (ALHMWU) to have matter number CA 772 of 2003 referred to a Full Bench of the Commission. CA 772 of 2003 is an application for the certification of the “Gold Coast Convention and Exhibition Centre Certified Agreement 2003”. The proposed Agreement is an agreement reached between The Australian Workers’ Union of Employees, Queensland (AWU) and Jupiters Ltd t/a Gold Coast Convention and Exhibition Centre (Jupiters). Both the AWU and Jupiters oppose the application to have the matter referred to a Full Bench of the Commission. [2] Having heard from the ALHMWU, the AWU and Jupiters, I am satisfied that this is a matter of substantial industrial significance so as to warrant it being referred to a Full Bench of the Commission pursuant to s. 281(4) of the Industrial Relations Act 1999. [3] I have before me an Order issued by a Full Bench of this Commission on 28 February 1996 under the then s. 45 of the Industrial Relations Act 1990 which deals with the rights of both the ALHMWU and the AWU to represent the industrial interests of certain employees. The ALHMWU contends that the proposed Agreement is in breach of that Order. Whether or not the proposed Agreement is in breach of an order of a Full Bench of this Commission is, in my view, a matter of substantial industrial significance warranting another Full Bench of the Commission determining the matter. [4] I have been informed that the s. 45 Order, and a similar Order issued by the Australian Industrial Relations Commission under s. 118A of the Industrial Relations Act 1988 (C’wlth) on 22 May 1995, resulted from the two industrial organisations entering into a Deed of Agreement in late 1994. Prior to that there had been some history of disputation between the two organisations about their rights to represent employees in certain industries. [5] Jupiters has submitted that the certification of the proposed agreement needs to be determined as soon as possible given that the Gold Coast Convention and Exhibition Centre is due for completion by mid 2004 and the process for the engagement of employees will need to be commenced well prior to that date. I have considered that submission however have formed the view that a Full Bench of the Commission can hear and determine the matter in sufficient time so as not to cause the company difficulties in the recruitment of staff. [6] I will constitute a Full Bench for the hearing of CA 772 of 2003 in due course. D.M. LINNANE, Vice President. Hearing Details: 2003 8 December Appearances: Mr A. Herbert, Counsel directly instructed by AWU and Ms Y. D’Ath representing AWU. Mr J.W. Nolan, Counsel instructed by Hall Payne Lawyers. Mr G. Black for Jupiters Ltd t/a Gold Coast Convention and Exhibition Centre. Released: 9 December 2003 -- 1 of 1 --