Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland v Mount Isa Mines Limited and The Australian Workers’ Union of employees, Queensland [2000] QIRC 63 (2000) 164 QGIG 280

280 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 14 July, 2000 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s.277 application for injunction Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland AND Mount Isa Mines Limited and The Australian Workers’ Union of employees, Queensland (Case No. B704 of 2000) COMMISSIONER BALDWIN 28 June 2000 REPORT ON DECISION (as edited) In giving her decision from the Bench on 28 June 2000, Commissioner Baldwin stated:– “The three 1996 CA’s recognised and incorporated the s. 45 Order that made all three parties the parties to all three (3) CA’s. In the present situation I’d like to stress that because AMWU have no representational rights, it does not also follow that they have no rights. In my view including the AMWU in the negotiations does not increase or decrease the rights of any of the parties. Further, their inclusion does not, of itself, disturb the s. 45 order. In my view, including the AMWU, in the entire agreement process for the current round of negotiations for all three (3) CA’s does no more than satisfy the terms of the existing CA’s. Further their presence should provide transparency, uniformity, fairness and equity between the members of different unions operating within different sections of the company and under the one award. Should any party wish to change the representational rights that have been set out in the s. 45 order, then they would need to make an application to the Commission to vary that order. Any attempt to change the terms of the s. 45 order by any other means would appear to be in breach of that order. Therefore, today, I am prepared to issue interim injunctive orders in the terms of the relief sought by the applicant pending my final determination in which I propose to address the matters raised more fully.”. Dated this twenty-ninth day of June, 2000. By the Commission, [L.S] E. EWALD, Industrial Registrar. Released: 29 June 2000 Appearances:– Mr S. Reidy of Reidy & Tonkin, for the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland. Mr J. Murdoch, with him Mr N. O’Connor, on behalf of MIM Holdings Limited. Mr A. Herbert, with him Mr B. Swan, on behalf of The Australian Workers’ Union of Employees, Queensland. -- 1 of 1 --