Australian Services Industrial Union of Employees (Queensland Local Government, Energy, Ports, Information Technology, Social and Community Services Branch) v Queensland Sales Representatives and Commercial Travellers' Guild, Union of Employees [1995] QIRC 70 (1995) 148 QGIG 939

938 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [31 March, 1995 31 March, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 939 ####################################################### QUEENSLAND IND UST RIAL RELATIONS CO MMI SS IO , . Industrial Relations Act 1990 s. 398 - appl ica ti on for approval to submit a proposed a ma lgamation lO ballot s. 400 - applicat ion for exemp ti on fr om ha llot Australian Services Industr ia l Uni on of Em ployees (Queensland Loca l Gove rn me nt. Energy. Po rt s. Informat ion Tec hn ology. Social a nd Comm un ity Services Branch) AND Queensland Sales Representatives and Commerciai Travellers' Gui ld . Un ion of Employees (.No. U4 of I 995) CHIEF INDUST RI AL COMMISSIONER H,\ LL 16 t\•larch 1995 App li cation for Approval for Submission to Ballot o f Proposed Amalgamation - Applica ti on for Exe mp ti on from Ba ll ot - App li cations Granted -- Opening and Closing Date s of Ballot Fixed. DECISION On 17 February 1995 th e Australian Services Industrial Union of Em pl oy ees (Queenslan d Local Go vernment, lincrgy, PortS , lntonnation Technology. Social and Co mm u ni ty Services Hranch) fhc rca ft cr AS!JJ and Queensland Sales Representatives a nd Commerc ia l Trave ll ers' Guil d. Un ion of Employees [hercaller CTGI lo dged a joint app lication under s. 398 fi,r approval fo r submission to ballot or a proposed amalgamation of the two Industri al Organisat io ns. Ad dit io na lly . ASU lo dged an app li cation under s. 4 00 fo r exempt ion fr om th e requ irement that a ballot be hel d in re lation to the proposed ama lgamation. APPROVAL FOR St:BMISSIO\'. OF A\IALG;\i\l ATIO:\ TO BALLOT I am sa ti sfied that - (a / the proposed ama lgamation docs not in vo lve the registration of an associa ti on as an organisation. and (b ) a person who is no t eligible fo r mem bersh ip of on e or other of ASU or CTG wi ll not be el igi bl e fo r membership of th<:: proposed am algama ted organisation immedia te ly alicr th e ama lgamation tak es effect and (cl 1hc proposed amalgamated orga ni sation is to 1akc the n,une of the host org an isation, viz. AS U. and (d ) 1he proposed dereg istration of C.:TG comp li es wi th the Act and is not othe rwise contrary to law. and (e) that the proposed alteratio11s lo the rules of ASU comply with. and are not contrary to. the Act and the awards made and the Agreements regis te red an d ce11ified thereun de r, or o th e rw ise contrary to law. 13y s. 398(2) an a ppl ication for ap proval for s ub mission of an amalgamation to ba ll ot mus t be accom panied by a written outli ne of the s ch eme for t he amalgamation. Bys. 398(3) the outli ne must not ex ceed 3,0 00 words. In this case the outline rnay exceed 3,000 words. By s. 415( I) t he Commission is authorised to appro ve an outline consisting of mo re than 3.000 word s. It seems to me to be appropriate here to grant that approval (if necessary). The ou tl ine is we ll set-out. It is neither comp lex nor difficult to follow. It is better that lhc infomiation be ma de ava il able to th ose who are to c as t votes in the ballot than that the mate ri als be further su mm arised and (perhaps) be rendered inadequate. I approve the ou tline. Th e "yes" case was tiled with the App li ca ti on . It includes some ticks. Some v:orcJs have a border d ravm arou nd the m. If approva l of the ticks and borders be ne cessary. I grant that approval pursuant to s. 4 13(7). E.XEMPTIO:\ FR0'.\1 BAI.LOT Lodged with the Applica ti on pursuant tO s. 400 was an affidavit sworn by Michael Spencer. Sec retar)' of ASU. deposing th at as at 3 1 Ja nu ary 1995 the membership of ASU was 12,207 and an affidav it of Gordon Zi genbine deposing that at 31 Janua ry 19 95 the membership of CTG was 269. The total number of members who could be admi tted 10 ASU on or because of the amalgam.ition does not th erefore exceed 25% of th e numbe r of membt,rs of ASU at the date of the application. I am no t aware of any special circumstance wh ich woul d jus tify refusal of the exemption. I g.ra nl ASU exemption from ba ll ot. BALI.OT DATES I fix 29 March 199 5 as the openi ng day of the ballot. I fix 13 Ap ril 19 95 as the closing day o f the ballot. I re i:ommend that the ballot close at I0.00 a. m. D.R. I !ALL. Chie f' Industr ia l Commissioner. Appe aranc es · • .Jo hn Payne - Nall Pay ne & Cras wd l - Ap pli cant Da vid Gottke - Electoral Commission ()ucensland Operative Dale: 15 ~fa rch 1995 Decision - Ballot of Proposed Amalgamat ion AS ll and CT(i Released 17 Marc h 1995 ####################################################### -- 1 of 1 --