Australian Council of Trade Unions Queensland Branch v Queensland Transmission and Supply Corporation and Others [1995] QIRC 720 (1995) 150 QGIG 1769

1768 QUEENSLAND GOVERNMENT IND US TR IAL GAZETTE [22 December, 1995 22 December, 1995] QUEENSLAND GOVERNMENT IND US TRIAL GAZETTE 1769 # ## ### ######## ### ### ##################### ############## QUEENSLAND INDUSTRIAL RELATIONS COMM ISSION Industrial Relations Act /990 s. 45 - application for representation order Austral ian Council of Trade Unions Queens land Dranch AND Queensland Transmiss ion and Supply Corporation and Others (No 814200/ 1995) COMMISS IONERS l30UGOURE. DEMPSEY, BECIILY 11 September 1995 ORDER THIS Commission, after hearing the parties to the above matter in Brisbane on 11 September 1995, doth order, pursuant to section 45 of the Industrial Relations Act 1990 as follows:- ( I) An Order pursuant to s . 45( I )(a) and (b) that the Austra lian Services Industrial Un ion of Employees (Queensland Local Government, Energy, Ports. lnfom1ation Technology. Social and Community Services Branch). is to have the right. but for the exclus ions that follow, to represent under the Act. the industrial interests of a ll categories of employees who are employed in or in connec tion with the Transmission and Supply of electricity at entities owned, pa rt owned or operated by the Queens land Transmiss ion and Supply Corporation: Exclusions: (i) employees principally engaged in Power Worker fimctions as defined in the Electricity Generation. Transmission and Supply Award - State. (i i) employees pr incipa ll y engaged as tradespersons, linespersons or cable jointers. fo r the purposes of this Order, the tenns tradesperson. linesperson and cable j ointer sha ll have application wi thin the followi ng Classification Levels in the Electricity Generation. Transmission and Supply Award - State:- Technical Emp loyee Level I to Technical Employee Level 4. (iii) employees principally engaged as paraprofessionals engaged in maintenance functions. (iv) emp loyees in the ca tego ri es ou tli ned in paragraphs (i). ( ii) and (i ii) who are e li gible fo r mcmhershi p of The Electrical Trade Union of Employees of Australia. Queensla nd Branch. and who per fonn tra ining or superv ision dut ies as inc iden tal or peripheral to the empl oyee's principal duties. (2) An Order pursu ant to s. 45( l)(a) and (b) that The Electrical Trades Union of Employees of Austra li a, Queens land Branch, is to have the right, but fo r the excl usions that follow. to represen t under the ac t, the indus tri al interests of all catego ri es o f employees who arc em pl oyed in or in conn ectio n with the generation of electricity at entities owned, pa rt ovmed or opera ted by the Queensland Transmission and Supply Corpora ti on: Exclusions (i) employees who are princ ipa ll y engaged 111 Adm inistrative and /o r Clerical d ut ies. (3) An Order pursuant to s. 45( l)(c) that the Austra lian Ser vices In dus trial Union of Emp loyees (Queensland Local Government. Energy . Ports, lnfonn a ti on Techno logy, Social and Commu ni ty Services Oranch), shall not have the right to represen t under the /\et the industria l interests of employees not ident ified in pa rag raph (I) above. (4) An Order pursuant to s. 45(1}(c) that The Electrical Trades Union of Emp loyees of Austra l ia . Queensland Branch. shall not have the right to represent under the Act the indust ri al interests of emp loyees not ident ified in paragraph (2) above. (5) An Order pursuant to s. 45( I )(c) thJl the fol lowing industrial organisations do not have the right to represent under the Act the induslri,11 interests of employees employed in or in connection wi1h the generation of electricity at entities owned, part owned or operated by t he Queensland Transm iss ion and Supply Co rpo ration who are otherwise cligih le for membership of those industria l organisations: Australian Ins ti tute of Marine and Power Engineers' Union of Employees, Queensland District: Ama lgamated Society of Carpenters. Jo iners. Bricklayers. Plastere rs. Pa inters and Decorators of Austra lasia. Union of Employees, Queensland: The Australian Workers· Union of Emp loyees, Queens land: Austral ian Liquor, Ho~pi tality and Misce ll aneous Workers Union. Queensland Branch. Union of f: mp loyees; Austra lian Building Construction Employees and Builders' Labourers' Federation (Queensland Branch) Union of Em ployees: Queens land Nurses· Union of Employees: The Plumbers and Gasfitters Employees Union of Australia, Queensland Branch, Union of Employees: 17616_!.DOC -- 1 of 2 -- 1770 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [22 December, 1995 Transpon Workers' Union of Aus tral ia, Union of Employees (Queensland Branch}; Fe derated Engine Dri vers' and F iremens' Associat ion of Australasia Queensland Branch, Union of Employees; * Automotive, Metals and Engineering Industrial Union of Employees, Queensland; • Federated lronworkers Association of Australia (Queensland Bran ch) Un ion of Employees; (6) An Order pursuant to s. 45( I }(a) that the following industr ial organisations who have the righ t to represent under the Act th e indu s tri al interests of employees em ployed in or in connect ion with the generation of elec tri ci ty at entities owned, part owned or operated by the Queensland Transmiss ion and Supply Corporation, sha ll continue to exercise such rights but shall be limited to the registered Lis t of Callings of such industri al organis ati ons at th e date of th is Order: • T he Association of Pro fess ional Engineers, Australia, Queensland Branch. Union of Emp loyees; • Australian Municipa l, Adminis trative. Cle ri cal and Se rvices Union , Central and Southe rn Queensland Clerical and Administrative Branch. Un ion of Employees; Provided that should an ama lgamation of the Austral ian Mun icip al , Adm ini stra tive, Clerical and Se rvices Union . Ce111 ral and Southern Queensland Clerical and Adm in istrati ve Branch , Uni on of Emp loyees and t he Australian Services Industrial Union of Employees (Queensland Local Governmen t, Ene r gy , Ports, lnforn1ation Technology, Social and Community Se rvi ces Branch), be concluded, the Aus tralian Municipal. Adm inistrative, Clerical and Services Union. Central and Southern Queensland Clerical and Administrative Branch, Un ion of Employees shall ce ase to have rights to re present under the Act th e industr ia l interests of employees em ploy ed in or in connection with the generation of electricity in entities owned or part owned or operated by the Queen s land Generati on Corporation. Federated Clerks' Union of Australia, North Queensland Branch, Union of Employees: Pro vided th at shou.ld an amalgamation of the Federated Clerks' Union of Australia, North Queens land Branch, lJnion of Employees; and Australian Services Indu st ri al Un ion of Employees (Queensland Local Government, Energy, Ports, In fo rmation Technology. Social and Community Services Branch); be concluded, the Federated Clerks' Union of Australia, North Queens la nd Branch, Un ion of Em plo ye es sha ll cease to have r igh ts to represen t under the Act the industrial interests of employees employed in or in connecti on with t he generation of e lec tricity in entities owned or part owned or operated by the Queensland Generation Corporation. (7) This Order shall not aflect the rights of the Australian Services Industrial Union of Emp loyees (Qu eensland Local Government, Energy, Ports, Infornrntion Technology. Social and Community Services Branch) and The Electrical Trades Union of Employees of Australia, Queensland Branch , 10 continue to re present persons who were members of those industrial organisations at th e date of the making of thi s Order. This Order shall take effect from the eleventh day of September, 19 95 Dated thi s eleventh day of September, 1995 . By the Commission, [ L.S.) R.H. BLUMSOM, Industrial Regis trar. Operative Date : 11 Se ptember 1995 Order - Representation Re leased: 6 December 1995 ####################################################### 17616_1.D OC I .[ I 22 December, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1771 -- 2 of 2 --