Application by the Retailers’ Association of Queensland Limited, Union of Employers for a new set of rules [2001] QIRC 94 (2001) 167 QGIG 252

252 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 6 July, 2001 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 474 – approval for eligibility rule amendment Application by the Retailers’ Association of Queensland Limited, Union of Employers for a new set of rules (No. U28 of 1999) VICE PRESIDENT LINNANE 26 June 2001 Application to insert eligibility rule – objection alleging that the persons could conveniently belong to another organisation – no evidence – matter not determined in absence of evidence. DECISION This is an application by the Retailers’ Association of Queensland Limited, Union of Employers (RAQ) seeking to amend or alter its Rules by including an eligibility rule in the following terms:– “6.0 INDUSTRY The Industry in connection with which the Association is formed is the retail trading industry, which includes any trade, business or undertaking in or allied with the business of shopkeepers, storekeepers or sellers by retail of articles, goods, materials or provisions of any kind. 7.0 MEMBERSHIP Any person, firm or company which is an employer or other person carrying on business in the industry in the State of Queensland shall be eligible for membership if the applicant agrees to comply with these rules and is not of bad character.”. Objections to the application were received from the following organisations:– - the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers; -- 1 of 2 -- 6 July, 2001 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 253 - the Queensland Friendly Societies Pharmacies Association, Industrial Organisation of Employers; - the Hardware Association of Queensland, Union of Employers; and - the Queensland Retail Traders and Shopkeepers Association, Industrial Organization of Employers (QRTSA). At the date of hearing this application the only objector pursuing its objection was the QRTSA. In correspondence received on 9 May, 2001 the RAQ requested that the matter be set down for hearing as it appeared “highly unlikely that the objection raised by the QRTSA will be resolved”. I issued directions on 15 May, 2001 requiring both the Applicant and the Objectors to file and serve any statements of evidence to be relied upon at the hearing of the matter by 5 June, 2001 and 12 June, 2001 respectively. Neither the RAQ nor the QRTSA filed any witness statements as a result of those directions. Neither organisation sought leave to adduce any evidence in chief at the hearing of the application. The only sworn material before me is that contained in the application and the QRTSA objection. On 15 May, 2001 I also issued directions requiring the filing and service of an outline of submissions by the parties. Both the RAQ and the QRTSA filed outlines of submissions in compliance that direction. In its submission the RAQ essentially advised the Commission of the following matters:– - the RAQ has been registered as an industrial organisation of employers since 1944; - since that time this Commission has accepted the test for membership of the RAQ as being the object found in Rule 3(i) of its Rules i.e. “The bonding together of persons natural and juristic engaged or interested in or about to be engaged or interested in retail business of any kind and cognate and other trades occupations and businesses for the protection advancement and extension by all lawful means without exception of their common interests.” - the proposed rules do not seek to alter or widen the scope of eligible membership but merely seek to clarify the current position. The QRTSA concedes that the RAQ eligibility rule has existed in theory but submits that it has never been formally recognised. The organisation also concedes that both the RAQ and the QRTSA have had, since 1944, the ability to enrol as members the same types of persons. The QRTSA however submits that, as the QRTSA has had, and continues to have, the ability under its rules to represent the interests of persons to which the proposed Rule 6 and Rule 7 is directed there is thus an organisation to which these persons could conveniently belong. Further it asserts that the QRTSA can effectively represent such persons in a way consistent with the objects of the Act: see s. 474(1)(b) of the Industrial Relations Act 1999. Once again I have no evidence before me to support the contention that the QRTSA is an organisation which meets the requirements of s. 474(1)(b) of the Act. Given the lack of any evidence, either in support of the application or in opposition to it, I am not prepared at this time to determine the matter. Should the RAQ wish to further pursue its application before the Commission I will require that it file appropriate material in support of the application. Once such material is filed and served on the QRTSA I will then issue further directions for the conduct of this matter. D.M. LINNANE, Vice President. Released: 26 June 2001 Appearances:– Mr R. Walker for the Retailers’ Association of Queensland Limited, Union of Employers. Mr S. Nance and Mr C. Mason for the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers. Mr R. Swain, Mr D. Matley and Mr D. Pratt for the Queensland Retail Traders and Shopkeepers Association (Industrial Organisation of Employers). -- 2 of 2 --