Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Breweries Limited [2002] QIRC 182 (2003) 172 QGIG 9

3 January, 2003 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 9 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 322 – application for intervention Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Queensland Breweries Limited (No. B1546 of 2002) BREWING INDUSTRY – QUEENSLAND BREWERIES EMPLOYEES’ AWARD COMMISSIONER EDWARDS COMMISSIONER BECHLY COMMISSIONER SWAN 10 December 2002 Amendment – Application for Intervention – Award Coverage – Grievance Procedure –– Application Granted. DECISION On 30 September 2002 the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees (ALHMWU) filed an application to amend the Brewing Industry – Queensland Breweries Employees’ Award. The matter was listed for mention on 21 October 2002 at which time Mr J. Barrett on behalf of the Queensland Council of Unions (QCU) sought leave to intervene on behalf of The Electrical Trades Union of Employees of Australia, Queensland Branch (ETU), the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland (AMEPKU) and the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees (AMACSU) under s. 322 of the Industrial Relations Act 1999 (the Act). The application by the QCU was listed for hearing on 21 November 2002. Mr Barrett filed agency forms in accordance with s. 319(1)(a) of the Act. At the hearing on 21 November 2002 the matter was heard by Commissioner Edwards. Since the hearing Commissioners Bechly and Swan have had the opportunity to read the transcript. Mr Barrett outlined the QCU is seeking to represent as agent the interests of a number of unions. The application contains a parties bound clause in which certain unions are seeking to be included. He stressed the QCU has played a major role in the Award Review process and as such are anxious to ensure that in particular the dispute resolution procedures conform to s. 127. In opposing the application for leave, Mr Rogers on behalf of Queensland Breweries Limited made reference to the historical and site specific reasons for the current industrial arrangements. He suggested there has been little involvement by unions in the development of the key terms and conditions on site. He also indicated that in terms of s. 152 of the Act it would be a straightforward process for the Registrar to issue a certificate concerning representation. We have given consideration to all aspects of the application especially the effect of s. 127 regarding the involvement of relevant organisations in grievance procedures. The Commission grants the application by the QCU acting in a peak role as agent for those unions who have provided agency forms in accordance with the provisions of the Act. The Commission orders accordingly. K.L. EDWARDS, Commissioner. R.E. BECHLY, Commissioner. D.A. SWAN, Commissioner. Hearing Details: Appearances: Mr R. Robinson on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees. Mr J. Barrett on behalf of the Queensland Council of Unions. Mr M. Rogers and Mr B. Cooper of Livingstones Australia on behalf of Queensland Breweries Limited. -- 1 of 1 --