Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees & anor [2002] QIRC 36 (2002) 169 QGIG 278

278 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 28 March, 2002 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 618 – commission to approve proposed amalgamation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees and Another (No. U4 of 2002) VICE PRESIDENT LINNANE 15 March 2002 Application for community of interest declaration for amalgamation pursuant to s. 618 – joint application to Commission for declaration of community interest pursuant to reg. 56 – Commission satisfied requirements met under reg. 56(6)(a)(ii) – Commission otherwise satisfied that there is a community of interest under reg. 56(6)(b) – Applicants complied with s. 618(a) and s. 618(b) – declaration of community interest pursuant to Industrial Relations Regulation 2000 reg. 56(6). REPORT ON DECISION (as edited) In giving her decision from the Bench on 12 March 2002, Vice President Linnane stated:– “This is an Application by the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees (ALHMWU) and the Queensland Blind Workers Union of Employees (QBWU) for a declaration that a community of interest exists between the ALHMWU and the QBWU as to their industrial interests for the purposes of the amalgamation of the two organizations. Section 618 of the Industrial Relations Act 1999 (the Act) enables the Commission to approve an amalgamation provided that the Regulations have been complied with and the rules of the proposed amalgamated organization complies with the relevant parts of the Act. Part 13 of the Industrial Relations Regulation 2000 (the Regulations) specifies the procedure for carrying out an amalgamation of organizations. Regulation 56 of the Regulations provides for a joint application to the Commission for a declaration of community interest. This application complies with all the procedural requirements of the Act and Regulations. Having read the Affidavit of Shirley Anne Mellor, President of the ALHMWU and Jennifer Merle Scown, President of the QBWU, I am satisfied that the requirements of s. 56(6)(a)(ii) are met in that a substantial number of members of the QBWU are engaged in the same work or industry or in aspects of the same or similar work and industry as members of the ALHMWU. Further, s. 56(6)(b) of the Regulations provides that the Commission may also be otherwise satisfied that there is a community of interest. Given the material contained in the Affidavit, and the submission of Mr Merrell, Counsel for the Applicants, I am otherwise satisfied there is a community of interest between the ALHMWU and the QBWU. In so concluding I have taken into consideration the following matters:– (xiv) the QBWU is a small organization which has only eighteen members; (xv) those members are employed by the Royal Blind Foundation of Queensland; (xvi) the members of the QBWU have particular disabilities and wish to amalgamate with a larger industrial organization of employees so as to more effectively represent the industrial interests of visually impaired employees who are members of the QBWU; and (xvii) the objects of the ALHMWU easily meet the current relevant objects of the QBWU. In those circumstances I find that the Applicants have complied with the provisions of s. 618(a) of the Act. The material before me indicates that the Applicants have also complied with the requirements of s. 618(b) of the Act. Accordingly, pursuant to regulation 56(6) Industrial Relations Regulation 2000, I declare that there is a community of interest between the Queensland Blind Workers Union of Employees and the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees, about their industrial interests.”. -- 1 of 2 -- 28 March, 2002 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 279 Order Accordingly. Dated 15 March 2002. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Appearances:– Mr J. Merrell of Counsel for the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees and Queensland Blind Workers Union of Employees. Released: 18 March 2002 -- 2 of 2 --