Brisbane City Council v The Australian Workers' Union of Employees, Queensland [1994] QIRC 577 (1994) 147 QGIG 1008

1008 QUEENS LAND GOVERNMENT INDUSTRIAL GAZETTE 14 November, 1994 l/########################11##1/#######l/##-I/############### QUEENSLAND INDUSTRIAL RELATIONS CO MMIS S ION !11dus1rial Relations Ac1 1990 s . 319 - notification of dispute ss . 30, 32. 89 and 90 - ordt!r of Commission Brisbane City Counc il AND The Austral ian Workers' Un ion of l; mployees . Queens land (S o. D520of 199./) BRISBANE C IT\ ' CO U~C IL - COl\STRt:CT IO :\i, \1AI!\'TENANCE A'-D GE:'IERAL AWARD COMMISSIONER BLOOMFIELD 13 October 1994 ORD ER A Iler hearing Mr T. Collins for the Brisbane City Council and Mr W. Mills and Ms Y. D'A th fo r The Australian Workers' Un ion of Emp loyees. Queensland on 12 and 13 Oc tober 1994, th is Commiss ion doth Order, pursuant to powers vested in it under ss . 30, 32. 89 and 90 of the Industrial Relations Ac, 1990: - I. Tiiat Brisbane City Council (1:3CC) immediate ly cease and desist in its endeavour to implement what has bee n d escribed 4 November, 19941 QUEENSLAND GOVERNMENT IND US TR IAL GAZETTE as the Counci l' s housing po licy which is referred to as Anachment D in Exhibit 4 in these proceedi ngs. 2. That BCC take no s teps to otherwise implement its housing po licy (as above identified) until the Queensland Indu strial Relations Commission has determined BCC's application No. B 1102 of 1994 wh ich is an application to va ry the Brisbane City Council - Construction, Maintenance and General Award. 3. That D520/94 be refe rred to the Commission with a request that it be jo ined to B 1102/94 and be jointly determined wi th that application . 4. That pursuant to s. 319( 4) of the Act the Commission be asked to detennine the following issues which arise as a consequence of the dispute (0520/94). which exists between BCC and various of its employees identified in that d ispute noti lication, and to de termine issues in conjunction with the hearing and determination of BI 102/94:- (i) Wh ether all employees affected by BCC' s attempt to implement its housing policy (as above identified) are covered by t he application B 1102/94 and, if not, whether any such other employees should have their position considered and detennined under D520/94 as part of t he determination of matters B 1102/94 and D520/94. (ii ) Whether the housing po li cy (as above identified) is reasonable in all the circumstances and whether it should be implemented as currently proposed by BCC ( ii i) If the answer to (i i) is "No", what variations should be made to the pol icy and how should the amended policy be implemented, ifat all. (iv) By what instrument or instruments should any determination in ( iii) be implemented. if at all - including any variations to the Brisbane City Counc il - Construction, Maintenance and General Award. 5. That the BCC should ha ve carriage of D520/ 94 in the joint proceedi ngs. 6. That the Commission be asked to arrange an early hearing for the detennination of matters D520/94 and B 1102/94. 7. That leave be granted to BCC to apply in respect of this matter as it may be advised. Dated this thirteenth day of October, 1994. By the Commission, [L.S.] R.H. BLUMSOM , Assistant Industrial Registrar. Operative Date: 13 October 1994 Order - Dispute - BCC v AWU - Housing Released: 21 October l 994 1009 -- 1 of 1 --