Australian Council of Trade Unions, Queensland Branch v Queensland Generation Corporation t/a Austa Electric and Others [1995] QIRC 721 (1995) 150 QGIG 1770

177 0 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [22 December, 1995 ####################################################### QUEENSLAND INDUSTRI AL RELATIONS COMMISSION Industrial Relations Ac1 I 990 s. 45 - app li cat ion for representation order Australian Coun cil of Trade Unions Queensland Branch AND Queensland Genera tion Corpora ti on TIA Austa Electri c and Others (No. B/418ofl995) COMM ISSIONERS BOUGOURE, DEMPSEY, BECHLY 11 September 1995 ORDER TH IS Commiss ion, after hearing the parties to the above matter in Brisbane on 11 Septem ber 1995, doth orde r. pursuant to s. 45 o f t he Industrial Relations Act 1990 as fo ll ows: - ( l) An Order pursuan t to s. 45( 1)(a) and ( b) that the Australian Services Industrial Union of Em ployees (Queensland Local Government, Energy, Ports, ln fonnation Tec hnology, Social and Commu nity Services Branch) (ASU) , is to have the right, but fo r t he exclusions that fo llow, to represent under the Act, the industrial interes ts of a ll categories of employees who are employed in or in connection with the generation of e lectricity at en titi es owned, part owned or operated by the Queens land Generation Corporati on including emp loyees of con tractors and/or subcontractors who are e lig ible for membership of the ASU provided that such representation rights extend only to awards to which the ASU is a party. other than the Electricity Generation, Transmi ss ion and Supply Award - State: Exclusions: (i) emp loyees principally engaged in Power Worker fu nctions as defined in the Electricity Gene ration, Transmission and Supply Award - State. (ii) employees princ ipa ll y e ngaged as tradespersons, linespersons or ca ble j ointer. For the purposes of this Order, the terms tradesperson, linesperson and cable jointer sha ll have applicat ion within the following Classification Levels in the Electricity Generation, Transm iss ion and Supply Awa rd - State:- Technical Employee Level I to Technical Emp loyee Level 4. (iii) employees principally engaged as paraprofess ionals engaged in maintenance functions . (iv) em pl oyees in the categories outlined in paragraphs (i). (i i) and (ii i) who arc eligible fo r membership of the Electric al 1761 6_1.DOC I .[ I 22 December, 1995) QU EENSLAND GOVERNMENT INDUS TR IAL GAZETTE 1771 Trades Union of Emp loyees of Austral ia. Queensland Branch, and who perform train ing or su pervision duties as incidental or peripheral lo the employee's princi pal duties. (2) An Order pursuant to s. 45( 1)(a) and (b) that The Electrical Trades Union of Empl oyees of Australia, Queensland Branch, is to have the right, but for the exclus ions that fo ll ow, to represen t unde r the Act, t he indu stria l interest o f all categories of emp lo yees who are employed in or in connection with the generation of electrici ty at ent ities owned , part owned or operated by the Queens land Generation Corporatio n: Exclusions: ( i) employees who are principally engaged in Adm inistrative and/or Clerica l du ties. (3) An Order pursuant to s . 45( 1)(a) and (b) that The Electrical Trades Union of Emp loyees of Austra lia, Queens land Branch, is to ha ve the ri ght, but for the exc lusions that follow, to represent under the Act, the industrial interes ts of all categories of employees who are employed by contractors and/or su bcont ractors in or in connection with the generation of elect ri city at enti ties owned, part owned or ope rated by the Queen sland Generation Corporation: Exclusions (i) employees who are pr incipally engaged in du ties outlined in the registered List of Callings of Industria l OrganisJtions of Emp loyees as li sted in paragraph (7) and paragraph ( l 0) of' this Order. (4) An Order pursua nt to s. 45(1)(c) that the Australian Services Industria l Un ion of Employees (Queensland Loca l Government, Energy, Ports, Information Tec hnology, Social and Community Services Branch), sha ll not have the right to represent under the Act the industrial interests of emp loyees not identified in paragraph ( I) above. ( 5) An Order pursuan t to s. 45( l)(e) that The Electrical Trades Union of Employees of Aust ra lia, Queensland Branch. shall not have the right to represent under the Act the industrial intercs L, of employees not identi fi ed in paragraph (2) and paragraph (3) above. (6) An Order pursuant lo s. 45( I )(c) that the following industrial organisations do not have the righ t to represent under the Act the industrial interests of employees emp loyed in or in connection with the generation of e lectricity at enti ties owned, pan owned or ope rated by the Queensland Generation Corporation who are otherwise eligi ble fo r membership of those industrial organ isat ions: Amalgamated Society of Carpenters, Joiners, Bricklayers. Plasterers, Painters and Decorators of Austra las ia, Union of Empl oyees. Queensland; • The Australian Workers' Union of Employees, Queensland: Australian Liquor, Hospita lity and Miscellaneous Worke rs Union, Queensland Branch. Union of Employees: * Austral ian Building Construction Employees and Builders' Labourers ' Federation (Queensland 13ranchJ Union of Employees: Queens land Nurses' Union of Employees; The Plumbers and Gasfitters Employees Union of Australia, Queensland Branch, Union of Employees: Transport Workers' 'Un ion of Australia, Union of Employees (Queensland Branch). (7) An Order pursuant to s. 45( I )(a) that the following industrial organisations who have the right to represent under lhe Act the industrial interests of emp loyees emp loyed in or in connection with the genera ti on of electric ity at en ti ties owned, part owned or operated by the Queensland Generat ion Corpora ti on including employees of co ntractors and/o r su bcontractors. sha l I conti nue to exercise such righ ts but shall be limited to the registered List of Callings o f such Industria l Organisations at the dale of th is Orde r: The Association of Professional Engineers. Australia. Queens land Branch, Union of Employees: Federated Eng in e Drivers' and Fircmen s' Association of Austra las ia Queensland Branch, Union of Em ployees: Automot ive, Metals and Engineering Industrial Un ion of Emp loyees. Queens land; Austra li an Mun icipa l, Administrative. Clerical and Services Un ion, Cen tral and Southern Queensland Clerical and /\dm inistrat ive Branch, Union of Employees: Provided that should an amalgamation of the /\ustralian Mun icipal, Admini strative. Clerical and Services Union. Central and Southern Queensland Clerical And Administrative Branch, Union of Employees and the Austra lian Services In dustria l Union of Emp loyees (Queensland Local Ciovernment. Energy, Ports. Information Tec hnology. Social and Communi ty Services Branch), be concluded, the Austral ian Municipal. /\dmin istrative. Clerical and Services Union. Central and Southern Queensland Clerical and Administrative 13ranch, Union of Employees shall cease to have rights to re.present under the Act the industria l interesls of emp loyees emp loyed in or in connection with the generation of elec tricity in entities owned or part owned or operated by the Queensland Generation Corporation. Federated Cler k's Un ion of Australia, North Queensland Branch. Union of Employees: Provided that should an amalgamation of the Federated Clerks' Union of Austral ia. North Queensland Branch, Un ion or Employees and the Australian Se rvices Industrial Un ion of Emp loyees (Queens land Local Government. Energy. Ports, lnfonnation Technology, Social and Community Services Branch), be concluded. the Federated Cle rk's Union of Australia, North Queensland Branch, Union or Employees shall cease to h c1ve rights to represent under the Act the industria l interests of employees employed in or in connect with the generation of electricity in entities owned or part owned or opera ted by the Queensland Generation Corporation . (8) An Order pursuant to s. 45( I )(a) that the following industrial organisations who have the right to represen t under the Act the mdustrial interests of emp loyees employed in or in connection wi th the generation of e lectricity at entities owned, part owned or operated by the Queensland Generation Corpora tion shall cont inue to exercise such ri gh ts only in respect lo Lho se employees who are members of those industrial orga nisations at the da te of this Order: Federated Iron workers Assoc iation of Australia (Queensland 13ranch) Un ion of Employees: Austral ian Inst itute o f Marine and Power Engineers' Union of Emp loyees, Queens land District. 17616_ 1.DOC -- 1 of 2 -- 1772 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 122 December, 1995 (9) This Order sha ll not afTect the rights of the Australian Services In dustrial Union of [rnplO}CCS (Queensland Local Go\'emmcnt, Enerin. Pons. lnformauon Technology. Social and (.'ommunit) Services Branch) and The f.lcctnc.il I radcs Union of I· mployccs of Austraha, Queensland Branch, 10 continue 10 represent persons who were members of those mdustnal organisations 3l the date of the makmg of this Order ( I0) This Order shall not apply Ill employees of contractors and'or sub-contractors e mpl O)'Cd in the areas of contract commerc,al cleaning. contract catering and contract sccurit) Th is Order shall take effect from the eleventh da} of September. 1995. Dated tlu s eleventh day of September. 1995 B)' the Commission. (L .S .] R.11 BLUMS0\'1, Industrial Reg1stra1 Operatt "c Date: 11 September 1995 Order Representation Released· 6 December 1995 ####################################################### 1"616 I DOC 22 December, 1995J QUEENSLAND GOVE RNM ENT INDUSTRIAL GAZETTE 1773 -- 2 of 2 --