AgForce Queensland Industrial Union of Employers v The Australian workers’ Union of Employees, Queensland (No.1) [2002] QIRC 53 (2002) 169 QGIG 769

26 April, 2002 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 769 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 331 – application to dismiss AgForce Queensland Industrial Union of Employers AND The Australian workers’ Union of Employees, Queensland (No.1) (No. B391 of 2002) SHEARING INDUSTRY AWARD - STATE PRESIDENT HALL COMMISSIONER EDWARDS COMMISSIONER THOMPSON 15 April 2002 REPORT ON DECISION (as edited) In giving a decision from the Bench on 9 April 2002, the Full Bench stated:– “We are unanimously of the view that the application of AgForce Queensland Industrial Union of Employers (AgForce) filed 6 March 2002, seeking orders that The Australian Workers’ Union of Employees, Queensland’s (AWU) response and counter-proposal should be struck out or, alternatively, not heard until 2003 is an application which should be rejected. In our view, there is a clear distinction between the matters raised by the AWU's response and counter-proposal and the matters raised by AgForce, by its application of 28 February 2001. The matters raised by AgForce were the very matters which had been litigated before Commissioner Blades. Subsequently the matters were, in some cases settled and in other cases formally withdrawn. It was in those circumstances, for reasons which appear from the decision of 20 July, 2001 that we decided to refrain from hearing the application of AgForce. The matters raised by the AWU’s response and counter-proposal are matters which, on the materials before us, are not demonstrated to have been at issue in the proceedings before Commissioner Blades and were settled in February 2000 or withdrawn in February 2000. The Award ultimately made contained an express “no extra claims’ ” clause which obviously contemplated that after a period of time further claims might be advanced. In our view, the application of 6 March 2002 by AgForce and the application disposed of on 20 July 2001 are chalk and cheese. There is the additional consideration that by a decision of 8 November 2001, this Full Bench invited AgForce to consider making the application under s. 331 of the Industrial Relations Act 1999, which ultimately was made on 6 March 2002. It seems to the Full Bench that AgForce is affected by its own delay. The application now before the Bench could have been brought on very much earlier than 6 March 2002. The delay occurred in circumstances where it was known to all parties that time had been set aside this week to hear the AWU’s response and counter-proposal. The power of s. 331 is discretionary and is to be exercised in the public interest. On the ground of delay, we would, in any event, have refused the application of AgForce. We record that it may well emerge in hearing the response and counter-proposal of the AWU that it would be unsatisfactory to conclude the debate upon those matters without looking at the issues raised by the AgForce application of 28 February 2001. It may well be a consequence of hearing the AWU’s response and counter-proposal that in the end result, the order of 20 July 2001 is vacated and the application of AgForce is brought on for expeditious hearing. All of that is, of course, for the future.”. Dated 15 April 2002. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Appearances:– Mr B. Swan of The Australian Workers’ Union of Employees, Queensland. Mr W. Turner of AgForce Queensland Industrial Union of Employers. -- 1 of 1 --