Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Blind Workers Union of Employees [2002] QIRC 177 (2002) 171 QGIG 885

13 December, 2002 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 885 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Regulation 2000 s. 88 – application for approval to submit a proposed amalgamation to ballot s. 66 – application for exemption from ballot s. 91 – application for approval of an alternative ballot Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Queensland Blind Workers Union of Employees (No. U4 of 2002) VICE PRESIDENT LINNANE 27 November 2002 Application for approval for submission to ballot of a proposed amalgamation – Application for exemption from ballot – Application for approval of an alternative ballot – Consideration of relevant factors – All applications granted – Date of ballot fixed. REPORT ON DECISION (as edited) In giving her decision from the Bench on 21 November 2002, Vice President Linnane stated: “The Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees (ALHMWU) and the Queensland Blind Workers Union of Employees (QBWU) have jointly applied under s. 83 of the Industrial Relations Regulation 2000 (Regulation) for approval for submission to ballot of a proposed amalgamation of the two industrial organisations. A declaration of a community of interest between the two industrial organisations was made on 15 March 2002 pursuant to s. 56(6) of the Regulation. Application has also been made, pursuant to s. 88 of the Regulation, seeking an exemption from the requirement that a ballot be held of ALHMWU members in relation to the proposed amalgamation. A further application is made, pursuant to s. 91 of the Regulation, for approval of an alternative ballot for members of the QBWU in respect of the proposed amalgamation. Approval for Submission of Amalgamation to Ballot I am satisfied on the material before me that: (a) the proposed amalgamation complies with s. 64 of the Regulation; (b) the amalgamation does not involve registering a proposed organisation as the ALHMWU, as the proposed amalgamated organisation, is already registered. Section 620(2) of the Industrial Relations Act 1999 (Act) recognises the circumstance where a proposed amalgamated organisation is already registered; (c) a person who is ineligible for membership of either the ALHMWU or the QBWU will not be eligible for membership of the amalgamated organisation in that the amalgamated scheme provides, inter alia, for an amendment of the Rules of the ALHMWU to add to those Rules the eligibility rule of the QBWU; (d) the name of the proposed amalgamated organisation – Australian Liquor Hospitality and Miscellaneous Workers’ Union – Queensland Branch, Union of Employees – is not the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion; (e) the proposed amalgamated organisation’s rules and any proposed amendment of an existing organisation’s rules do not contravene the Act or an industrial instrument; (f) the proposed deregistration of the QBWU complies with the Act. I therefore approve the submission of the amalgamation to ballot. Exemption from Ballot Having read the Application, the Affidavit of Ron Monaghan filed on 10 September 2002 and the Affidavit of Ron Monaghan filed on 25 October 2002, I am satisfied that the relevant criteria for the Commission to grant the exemption, as provided for in s. 88(2) of the Regulation, are met. The application for the ballot exemption under s. 66 of the Regulation was filed on 9 September 2002. As at 9 September 2002 the membership of the ALHMWU was 25,505 and the membership of the QBWU was 18. Thus the number of persons that could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the ALHMWU when the application was filed. I thus approve, pursuant to s. 88 of the Regulation, a ballot exemption to the ALHMWU members, so that there is no requirement to hold a ballot of ALHMWU members in respect of the proposed amalgamation. Alternative Ballot Application is also made for the approval of an alternative ballot for members of the QBWU in respect of the proposed amalgamation. This application is made pursuant to s. 91 of the Regulation. Rather than a secret postal ballot being undertaken of members of the QBWU what is sought is a secret ballot, conducted by the Electoral Commission, at the place of work of the members of the QBWU. That place of work is the Royal Blind Foundation of Queensland at Woolloongabba. The conditions of the alternative ballot are contained in paragraph 2(b) of the application filed by the President of the QBWU, pursuant to s. 69 of the Regulation, on 10 September 2002. Having considered the material contained in that application and the Affidavit of Jenny Scown, also filed on 10 September 2002, I am satisfied that the alternative ballot complies with s. 69(3) of the Regulation and is likely to provide members of the QBWU with a right to vote which in effect gives such members a fuller participation than a secret postal ballot under s. 98 of the Regulation would give them. I thus approve, pursuant to s. 91 of the Regulation, the alternative ballot as contained in paragraph 2(b) of the application. Date of Ballot -- 1 of 2 -- 886 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 13 December, 2002 Having heard from Mr Merrell of Counsel for the QBWU and Mr Gottke for the Electoral Commission of Queensland I fix 28 February 2003 as the date for the conducting of the ballot. I further order the cut-off date of 28 January 2003 for the roll of members of the QBWU.”. Order Accordingly By the Commission, [L.S.] E. EWALD, Industrial Registrar Hearing Details: 2002 21 November Appearances: Mr J. Merrell, Counsel for the Applicants. Mr D. Gottke for the Electoral Commission of Queensland. Released: 28 November 2002 -- 2 of 2 --