AgForce Queensland Industrial Union of Employers v The Australian Workers' Union of Employees, Queensland (No. 2) [2001] QIRC 213 (2001) 168 QGIG 384

384 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 14 December, 2001 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – Industrial Relations (Tribunals) Rules 2000 AgForce Queensland Industrial Union of Employers ANDThe Australian Workers' Union of Employees, Queensland (No. 2)(No.B391 of 2001) SHEARING INDUSTRY AWARD – STATE PRESIDENT HALL COMMISSIONER K.L. EDWARDS COMMISSIONER J.M. THOMPSON 29 November 2001 REPORT ON DECISION (as edited) In delivering a decision of the full bench 8 November 2001 President Hall stated:– “The matter before the Commission is an application by the organisation known as AgForce Queensland Industrial Union of Employers to discontinue proceedings in matter number B391 of 2001. The application is made in circumstances in which there has been both a response and a counter-proposal to the application bearing the number B391 of 2001. We do not accept that if AgForce Queensland Industrial Union of Employers were granted leave to withdraw the application that would terminate what is in truth an application bearing the name ‘counter proposal’. Additionally, elements of the counter-proposal are intelligible only when read against the language which appears in the initiating document, the application which bears the number B391 of 2001. In those circumstances, we have decided to reject the application to discontinue the proceedings. -- 1 of 2 -- 14 December, 2001 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 385 We note that there is an issue as to whether having regard to the basis on which other matters between the parties were resolved, a decision should be made under s. 331 to refrain from hearing the counter-proposal until the year 2003 hearing claims contained in the application of AgForce Queensland Industrial Union of Employers until 2003 in the same way that we have already decided to refrain from. However no application under s. 331 has yet been made.”. Dated this twenty-ninth day of November, 2001. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Appearances:– Mr W.J. Turner for AgForce Queensland Industrial Union of Employers. Mr B. Swan for The Australian Workers' Union of Employees, Queensland. Released: 30 November 2001 ########################################################################################################################## -- 2 of 2 --