Application by Australian Salaried Medical Officers Federation Queensland for registration as an Industrial Organisation of Employees [2000] QIRC 7 (2000) 163 QGIG 115

18 February, 2000 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 115 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 Industrial Organisations Act 1997 Application by Australian Salaried Medical Officers Federation Queensland for registration as an Industrial Organisation of Employees (No. U27 of 1998) VICE PRESIDENT LINNANE 9 February 2000 Application for registration as an industrial organisation of employees – alteration to demarcation dispute undertaking – Industrial Relations Act 1999 ss. 419(1)(e), 420(1)(a), 420(1)(b)(iii). DECISION On 27 January, 2000, I issued a decision on the application by the Australian Salaried Medical Officers Federation Queensland (‘the Applicant’) for registration as an industrial organisation of employees. As a result of that decision, the Applicant was given an opportunity to review the Demarcation Dispute Undertaking it had given to the Commission and to adopt the protocol that had been tendered during the course of Ms Moore’s evidence. On 8 February, 2000, the matter was re-listed for hearing. Mr Herbert for the Applicant submitted that the material contained in the Affidavit of Robert John Riethmuller filed on 4 February, 2000 dealt with the matter raised in my earlier decision. Through Mr Herbert the Applicant has now given the Commission a revised Demarcation Dispute Undertaking which is as follows: – “Preamble: ASMOFQ shall, by itself, its officers or agents, undertake to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of the QPSU. In complying with this undertaking ASMOFQ, by itself, its officers and/or agents, amongst other things: – (a) shall not knowingly approach or knowingly seek out any existing member of QPSU for the purposes of recruiting or enrolling such person as a member of ASMOFQ; and (b) shall, whenever requested by QPSU, permit and facilitate the participation by QPSU in proceedings, which may include single bargaining units, concerning the industrial interests and welfare of members of QPSU engaged in callings in respect of which ASMOFQ is registered; (c) shall refrain from any activity which is intended to interfere with the relationship between QPSU and its members; (d) shall refrain from aiding, abetting, counselling, procuring, inducing, or attempting to induce any member to act in any manner which, if such action were carried out by ASMOFQ or its officers or agents, would constitute a breach of this Undertaking.”. It is a Demarcation Dispute Undertaking that I find to be acceptable. The Executive of the Applicant at a meeting on 2 February, 2000 adopted that Demarcation Dispute Undertaking. The Executive of the Applicant further resolved to adopt as binding the protocol that is found in Annexure “RJR2” to the Affidavit of Robert John Riethmuller. The concerns expressed in my earlier decision have now been addressed. As of 8 February, 2000 however, the proposed rules of the organisation did not comply, in certain technical respects, with Parts 3 and 4 of the Industrial Relations Act 1999 (‘the Act’). I was therefore unable to grant the application for registration at that time as the requirements of s. 419(1)(c) had not been met. The Registrar has subsequently informed me that the proposed rules of the Applicant now comply with the provisions of the Act. In those circumstances the Commission orders that the application for registration of the Applicant be granted. Order accordingly. D. M. LINNANE, Vice President. Appearances:– Mr A. Herbert of Counsel (instructed by Hall Payne Solicitors) for the Applicant, the Australian Salaried Medical Officers Federation Queensland. Released: 9 February 2000 ########################################################################################################################## -- 1 of 1 --