Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees for Joinder of Case Nos. B994 of 1999 and B669 of 2000 [2000] QIRC 131 (2001) 166 QGIG 51

12 January, 2001 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 51 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 319 – representation of parties Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees for Joinder of Case Nos. B994 of 1999 and B669 of 2000 (No. B1860 of 2000) VICE PRESIDENT LINNANE COMMISSIONERS BLOOMFIELD AND SWAN 21 December 2000 Application for joinder – application refused. DECISION This is an application by the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees (ALHMWU) for joinder of matters B994 of 1999 and B669 of 2000. B994 of 1999 is an application by various operators of aged care facilities for an award to apply to their establishments. That proposed award seeks to cover all employees whether they be employed in performing nursing duties, personal care duties, food and beverage preparation, delivering of meals and beverages, cleaning, gardening, maintenance, clerical and administrative or other duties. Union respondents to B994 of 1999 include the ALHMWU, the Queensland Nurses’ Union of Employees (QNU), The Australian Workers’ Union of Employees, Queensland (AWU), the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees (AMACS), the Australian Building Construction Employees and Builders’ Labourers’ Federation (Queensland Branch) Union of Employees (BLF) and the Transport Workers’ Union of Australia, Union of Employees (Queensland Branch) (TWU). The proposed Award seeks to replace ten industrial instruments. B994 of 1999 is scheduled for hearing in the week commencing 12 February, 2001. -- 1 of 2 -- 52 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 12 January, 2001 B669 of 2000 is an application by the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers (QCCI) for a new common rule award. The proposed Award seeks to have application to persons employed in the provision of aged and community care services in Queensland who perform cleaning duties, food and beverage preparation duties, diversional therapy duties, gardening duties and personal care duties. This matter is still the subject of negotiation between the QCCI, the ALHMWU and the AWU. The QCCI has not sought to have the matter listed for hearing nor have the ALHMWU or the AWU. Whilst the QNU have foreshadowed that they may seek leave to intervene in B669 of 2000 the application generally concerns only the ALHMWU, the AWU and their members. The application for joinder is supported by the QNU and the Queensland Council of Unions on behalf of the AMACS, the BLF and the TWU. The application is opposed by the QCCI, the Applicants in B994 of 1999, the Australian Nursing Homes and Standard Care Association Queensland Limited and the AWU. In reaching our decision to dismiss the application to join the two applications we have had particular regard to the following matters:– • B994 of 1999 is scheduled for hearing in the week commencing 12 February, 2001 having been originally set down for hearing in the week commencing 18 December, 2000 and adjourned at the instigation of the unions. B669 of 2000 has not been listed for hearing and is still the subject of negotiation between the parties. The Applicant in B669 of 2000 has not sought to have that matter listed for hearing. The Applicants in B994 of 1999 are entitled to have their matter heard in February, 2001; • the same parties are not involved in both matters although there is some overlapping of parties; • B994 of 1999 seeks an award for fourteen named respondents whilst B669 of 2000 seeks a common rule award; • the proposed Award in B994 of 1999 seeks to replace ten industrial instruments whilst the proposed Award in B669 of 2000 seeks to replace only four such industrial instruments. We have formed the view that the questions raised in B994 of 1999 are not substantially the same questions as those raised in B669 of 2000. We have further determined that the decision in B994 of 1999 is not likely to determine or seriously impact on the decision in B669 of 2000. On the material before the Full Bench we are further of the view that it is not appropriate nor desirable to join the matters. We therefore dismiss the application. Order Accordingly. D.M. LINNANE, Vice President. A.L. BLOOMFIELD, Commissioner. D.A. SWAN, Commissioner. Released: 22 December 2000 Appearances:– Mr R. Reed of Counsel for the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees. Mr C. Barrett for the Queensland Council of Unions. Mr S. Ross for the Queensland Nurses’ Union of Employees. Mr D. D’Arcy for The Australian Workers’ Union of Employees, Queensland. Mr A. Herbert of Counsel, instructed by McCullough Robertson for the 15 named Applicants in B994 of 1999. Mr S. Nance for the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers. Mr P. Varendorff of Miles Witt Partnership on behalf of the Australian Nursing Homes and Extended Care Association Queensland Limited. -- 2 of 2 --