Application by I. G Bennett and Associates for Release of Transcript from D115 of 1995 [1999] QIRC 145 (1999) 161 QGIG 166

166 QUEENSLAND GOVERNMENT INDUSTRIAL GAZEITE 25 June, 1999 #################################################################################################################-########## QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1997 - s. 492 (2) and (3) Application by I. G Bennett and Associates for Release ofTunscript from D115 of 1995 (No. B679 of 1999) CHIEF COMMISSIONER HALL 9 June 1999 REPORT 0� DECISION (a5 edite d) In giving his decision from the Bench on 27 May 1999, Chief Commissioner Hall state d : - ..On the eighth day of May, 1995 the Branch Secretary of the Transport Workers' Union of Australia, Union of Employees, (Queensland Branch) gave notice to the Industrial RegiStrar of a dispute between that organisation and the Fraser Island Developments, Jaiger Pty Ltd and Oser Pty Ltd, all trading as Eurong Beach Resort of Post Office Box 100, Maryborough. The dispute, which was given a file number of Dl 15 of 1995, came before Commissioner Bougoure for confe rence on the twenty-fifth day of May, 1995. At the conclusion of the conference, presumably in reliance on s. 99 (4) of the Industrial Relations ,1ct 1990, Commissioner Bougoure said:- . I will prohibit publication of those terms of settlement excepting that they might be re leased to the parties at some future time upon my order. think I'll leave it at that and it would have to be - yes, upon my order and then only released to the two parties, the union and Mr Bennett perhaps, and I'll thank the parties for their anendance.'. The se cond limb of the order, namely that part of the order accepting that the terms of settlement might be released to the partie s at some future time upon the basis of a further order is of particular significance . It vested the parties wjth a right to make application for rele ase of the transcript. It follows from section 20 (I) (c) of the Act.r lnterpretarion Ac/ 1954 that the repeal of the Industrial Act 1990 is no impediment to either party now applying for the release of the transcript. J may say that even if the second limb of the order had not been made, it seem s to me to follow from s. 492 (2) (a) of the Workplace Relations ,let 1997 - and I note particularly the noun 'ruling' and that s. 456 contains a comparable provision to s. 99(4) of the Industrial Act 1990 - that I would have power in any event to vacate the order made by Commissioner Bougoure in whole or in part. For completeness. I note that it is the effect of s. 24AA of the Acrs Interpretation Act 1954 that the grant of a power to make an order includes power to amend or appeal that order. In fact. the employer does seek release of the transcript. I think I should grant the application. I note Mr Prior's point that the Transport Workers' Union contends that in so far a.s it records the terms of the settlement, the transcript is inaccurate. That may well b e so. That seems to me to be a matter for the 25 June, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZEITE 167 lnduStrial Magistrate to resolve. What I have to identify is whether there is some reason why the Industrial MagiStrate should be put in the position of determmmg the true terms of the seulement without access to all rele vant materials. I can see no reason for doing that. In those circumstances, I do release the transcript to both parties on an unrestricted basis. I adjourn the Commission.". Dated this ninth day of June, 1999. By the Commission. (L.S.J E. EWALD, Industrial Regimar. Released: 9 June 1999 Appea.rances:- Mr I. Bennett from and on be half of I. G. Bennett and Associates Pty Ltd. Mr D. Prior for the Transport Workers' Union of Australia, Union of Employees (Queensland Bra nch). ########################################################################################################################### -- 1 of 1 --