Application by Australian Salaried Medical Officers Federation Queensland for registration as an Industrial Organisation of Employees [1999] QIRC 305 (1999) 162 QGIG 338

338 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 26 November, 1999 ######################################11##/l###ll###############################/t############################################# QUEENSLA:-.:D 11\'DUSTRJAL RELATI0:--1S COMMISSION /ndusrrial Reiarions .4cr /999 lruiustrial Organisations Regularion I997 Application by AtLStralian Salaried Medical Officers Federation Queensland for registration as an lndtL�trial Organisation of Employees (No. U27 of 1998) vlCE PRESIDENT LINl\AJ',E DECISIOK I 2 August J 999 The Staie Public Services Federation Queensland, Union of Employees (SPSFQ) seeks leav e to amend it!' grounds of objection 10 the applicauon by the Austtalian Salaried �edical Officers Federation Queensland (ASMOFQ) by deleting its original ground (a) and replacing it with the following ground: "(a) that the applicam is not free from control by, or improper mlluence from, an employer or employers, namely, those persons who are both: (i) employers, and (ii) officers of. or members of the Council of, the Australian Medical As sociation of Queensland.''. In so doing the SPSFQ relies on regulation 12 of the huiustrial Organisations Regulation 1997. Mr Martin for the SPSFQ, submits that lt was not until the SPSFQ received the ASMOFQ wimess statemenlS in this matter that certain information came to the attention of the SPSFQ nece ssitating the propo�ed amendment. In particular the SPSFQ points to the material contain ed in the witness Statement of M s Elizab eth Moore, filed on 26 July I 999, to the effect that the Branch Cou.ncil of the Au stralian Medical As sociation of Que ensland (AMAQ) has tw enty-fiv e members "most of whom are employers". and that the re are "only two specific positions on Branch Council for salaried medical offic er s", as being material which raised, for th e first ume, t he e xtent of the conneetion between persons who are both employers and also officers of . or members of, the Council of t he AMAQ. Further, the SPSFQ submits that it was only on receipt of the ASMOFQ witness statements that it became aware of the detail of the Service Agreement between the Council of AMAQ and the Applicant. Mr Herbert for the Applicant submits that this material in the ASMOFQ witness statements was material that could have been known to the SPSFQ at the time of lodging 1lS obje ction to the current application had it undertaken appropriate inquiries. ASMOFQ thus submits that the SPSFQ has not given adequate reasons in suppon of its application. Section 420 of the lrzdusrrial Relarions Acr 1999 requires that I must be sausfied that the Applicant for registration is "fre e from control by, or improper influ ence from, an employer·•. As the mate rial cont.ained in the ASMOFQ witness statements raises a link be tween the ASMOFQ and the AMAQ and funher raises the fact that the Council of the AMAQ is comprised of a majority of employers, I am of the view that the matters contained in th e proposed amendment will need to be addressed by the Applicant. In these circumstances. J wtll allow the amendment to ground (a) of the SPSFQ objection. 26 November, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 339 I am how ever concerned lhat the ASMOFQ is not unduly inconvenienced by the late amendment. Should the Applicant wish to adduce further evidence in relation to the amended ground of objection, the Applicant is directed to provide to the SPSFQ, and to file in the Commission, any such funher witness statements by 4 pm on Thursday 19 August J 999. It is noted that Mr Martin for the SPSFQ has indicated that in relation to the amendment of ground (a) of its objeetion, the SPSFQ intends simply to rely upon material contained in witness statements already filed in this maner. Ord er accordingly. D.M. LINNANE, Vice President. Released: I 2 August I 999 Appearances:- Mr A. Herb ert of Counsel (instructed by Nall Payne Solicitors) for the Applicant, the Australian Salaried Medical Office.rs Federation Queensland. Mr G. Martin of Counsel (instructed by Quinlan Miller & Treston Solicitors) for the State Public Services Federation Queensland Union of Employees. ##il#############ll##########################################################/1############################################### -- 1 of 1 --