Department of Primary Industries v The Australian Workers' Union of Employees, Queensland and Others [1995] QIRC 455 (1995) 150 QGIG 678

678 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETT E I6 October, 1995 ######### ###-########################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act /99(1 s 144 - applicauon for rescission and new award Depanment of Primal') lndustnes A D The Australian Wor\..ers' Union ofF rnplo}ccs. Queensland and Other~ tl\·o. 8405 of 1995) J.ORE TRY EM PLOYEES' AWARD -STATE GO\'ERNMEKT COMMISSIONI--R SWAN 30 August 1995 Application for Rescission - Application for Making of New Aw~rd _ Issue of Preference I ull Bench 10 Consider Preference - Interim Preference Clause Required - Application Granted. 16549 I DOC I , \ ; • I 6 October, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 679 REPORT O DECISION (A CD ITEO) In gi\ ing a decision from the Bench on 24 August. 1995. the Comm1ss1oner said:- "There are joined applicauons before the Commission (ha\ ing been made by The Australian Workers ' Union of Employees. Queensland (A WU) and the Department of Prim31') lnd~trics) for the rescission of the Forestry Employees Award - State Government and the making of a new Award entitled 'Forestry Employees· A\,ard - Department of Primal') lndusmes • On all areas, other than the mauer of preference, the parties arc agreed upon the content of the proposed new Award. The matter o f preference is being debated between the A WU and the Federated Engine Ori,ers· and Firemen's Association of Australasia Queensland Branch, Union of Employees (FED&FA). Sometime prior 10 the further hearing of this mauer, the Commission became aware of an application which had been lodged by the A WU (B I 089 of 1995) seeking orders pursuant to s.45 of the Industrial Relations Act 1990 for 'the right 10 represent, in respect of all industrial interesl!> under the lndusmal Rela11ons Act I 99(1, that class of employees being persons, other than those eligible for membership of the State Public Services Federation of Queensland Union of Emplo}ees. employed by the Director General, Department of Primary Industries in the Queensland Forest Service in the State of Queensland. to the exclusion of the Federated Engine Drivers· and Firemens' Association of Austral~ia Queensland Branch, Union of Fmployees .. •. 1 he debate before the Commission on the contentious issue of Preference is brieny encapsulated as follo\\) .- n,e A WU claims to have the constitu tional right to cover all employees engaged under the new Award Put ~uccinctl}, because of increased nexibility proposed under this Award. the A WU claim that 11 \\0uld be industrially sound for them to ha\e the sole preference ove r these employees. and for other reasons. lne FED&FA assert that the outcome in this case should be no difiercnt from \\hat had occurred "1th regard to their Un ion in other industries with the ' winding down' of the Engine Drivers' A ward - State. This Un ion seeks to rciain the membership it cons1i1u11onally and traditionally has in this particular area. Given that matter No. BI 089 of 1995 has been before a Full Bench of this Commission by way of a preliminary hearing, and for reasons set out belo". I propose the follo\\lng course of action: I believe that the material before me concerni ng the making of the Ne\1 Award sausfies the provisions of the lndusma( Rela11ons Act 1990 as well as the Principles of this Commission. I will approve the conten t of that proposed Award. save for the question of preference. I determine that the status quo remain in tact with regard 10 preference - i.e. that both the A WU and FEO&FA continue 10 function in the manner in \,h1ch the) have until the completton of matter No. 81089 of 1995. From my perspective, II is in the public interest to ensure the operation of the ne\, Award as soon as possible and, lrom my understanding of the somc1A.hat limited submissions made on the question of preference. it ,1ould. at least as an interim measure. cause no major dysfunction \\ithin the IA.Orkplace to have the status quo continue. This la11er comment should not be construed b} any party as being an}thmg other than a general comment made by the Commission As stated, a Full Bench of this Comm1ss1on has been cons111u1ed to hear application o. B1089 of 1995 and the matter has been before the Commission b} way of a prel1mina,; hearing At the heart of that applica11on is the quesuon being raised currently before the Commission. It \I0uld seem 10 be more appropriate 10 have all matters relating to coverage of cmplo}ees ,entilated before the Full Bench. The current application before the Commission. as it goes solel) to the question of preference, will be adjourned unul after a determination 1s made by th e full Bench in matter No. B I 089 of 1995. The question at that stage \\ill either become academic. or will require a determination from the Bench as current!} constituted. I direct the parties to confer within the next weel.. to present to the Commission an agreed draft clause which best reflects the status quo between the parties in terms of preference for tcmpora,; insertion into the new Award. This draft clause is 10 be rece1\ed b} the Com mission one week from t oday's date. If the parties e'l:perience an} difficulties in this regard I \\ill convene a conference between them Lo assist in implementing the interim position I have reached I approve th e making of the new Award. with the exception of the question of preference (Sa\e for an interim clause). and the operative date for th1 s Award will be the fifth day of January, 1995.". Dated Lhis thirtieth day of August, 1995. 8} the Commission. [I..S.] R.H. BLUMSOM, Industrial Registrar. Appearances. Mr R. Gille pie for the Queensland Department of Primary Industries. Mr K. McKay for The Austra li an Workers' Union of Employees. Queensland Mr J Coogan for the Federated engine Drivers' and Firemans' Association of Australasia Queensland Branch. Union ofEmplO}ees. Operat1\e Date 5 Janullr) 1995 Resc1ss1on and New Award Forestry Employees Relea~d : 22 September 1995 ####/l/l####/l####################lf######################/1 16549_ I.DOC -- 1 of 1 --