Australian Council of Trade Unions Queensland Branch v Gladstone Power Station [1994] QIRC 413 (1994) 146 QGIG 867

866 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [5 August, 1994 5 August, J994] QUEENSLAND GOVERNMENT INDUSTRIA L GAZET TE 867 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION lndus1rial Relations Ac/ I 990 s 45 - rationalisation of industrial organisations Australian Counci l o f Trade Unions Queensland Branch AND Gladstone Power Station (,l\'o. BI 03 of I 994) CHIEF INDUSTRIAL COMM ISSI ONER HALL 22 July 1994 Reference to nom inat ed Commissioner - Consent orders sought - Criticism of drafting - Proposed consent orders adopted. DECISION On 28 February 1994 a full Bench of this Commi ss ion made orders pursuant to s. 44(1)(a), (b) and (c) (now s. 45 ( l)(a), (b) and (c)) rationalising representation rights at the Gladstone Power Station, see 14 5 QGIG 634. The Full Bench was no t sa tisfied that the rules of the industrial organisations concerned did not need to be altered, and was therefore required to and did refer the matter to me as nominated Commissioner, sees 44 (4) (now s. 45(4)). When the matter was called I was infom1ed by the parties that it was necessary t.o alter the rules of only two of the industria l organisations affected by the repre sentation ord er, viz. The Electrical Trades Union of Employees of Australia, Queensland Branch (hereafter ETU) and the Australian Services Industrial Union of Employees (Queensland Local Government, Energy, Ports, Information Technology, Social and Community Services Branch) (hereafter AS U) . In the case of each of ASU and ETU a proposed a lteration to the or ganisation 's constitution rule, to which the o rganisation and a ll other parties consented, was tendered . Having perused the order of the Full Bench and the rules of the organisations concerned, it is my opinion that only the rules of ASU and ETU need to be altered and that the alterations which were tendered are the a lterations necessary to reflect the decision of the Full Bench. I note the criticism of the Queensland Nurses' Union of Employees (he reafter QNU), who do not oppose the proposed alteration, that the proposed alteration to the consti tution rule of ASU would enable that organisation to take into membersh ip persons eligible for membership in QN U. It would. It should. The representation order gives ASU right to represent such persons if employed at Gladstone Power Station. Prima facie an em ployee should be entitled to join the organisation with the ri gh t to represent the employee's industrial interests in this Commission. The argument between AS U and QNU, which was tendered without objection and is Exhibit SI , seems to me to go to the quite d ifferent matter of so liciting membership applications from persons e ligible tO join QNU. ASU is entitled to promise not to do that ASU is not entitled to refuse an application from an eligible employee. see s. 379, and should not in my view be treated as having done so. In any event my ob ligation is to make alterations which reflect the order of the Full Bench, not orders which re flect private agreements wh ich underli e i t. If QNU wishes to argue that the proceedings before the Full Bench were miscarried, it must do so in other proceed ings. I order that Rule 2 of the Rules of ETU be a ltered by inserting, a new and final paragraph as fo llows :- '·AJI categories of employees who are employed in or in connection witl1 the gene ration of electrici ty at Gladstone Power Station. incl uding employees of contractors and/or subcontractors, except for those employees of contractors and/or subcontractors employed in areas of contract commercial cleani ng, contract catering and contract security.'' I order that Rule 5 of the rules of ASU be altered by adding a new paragraph Part HA to Rule 5 immediately alter the existing Rule 5 Part (II) and in the following items:- .. PART llA (a) The Association shall consist o f an un limited number of employees who are employed in or in connection ,vith the generation of electricity at Gladst one Power Station as: (I) employees who are principally engaged in admin istrative and/o r clerical duties: (2) employees who are principally engaged in professional and/ or managerial duties: -- 1 of 2 -- 868 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (3) employees who arc pr inci pall y engaged in pa raprofessional duties, excl ud i ng such employees who are required to use tools in the nonnal cou rse of the ern ployec·s work; (4) employees who arc pr i nc ipall y engage d in training or su pervi so ry dut ies , excluding employees where trai ning and supervisory duties are inciden tal to such employee ·s pri ncipal duties; (5) empl oyees who are pri nc i pa lly engaged in the ope ration and/or con trol of Power Ge nera tion Plant where such operation and control is undenaken in. or linked to. a des ign ated contro l or opera ti ons room. • ( b) Prov ided always th at empl oyees , inclusi ve of the employees of contractors and/ or subcontractors em ployed in or in con nec tion with the generation of electrici ty at Gladst one Power Sta ti on other th an those employees rct~rred to in sub- rule IIA(a) hereof sh all not be eli gi bl e for members hip of the Association and sha ll not be represe n ted by the Association. Dated this twenty-second day of July, 199 4. D. R. HALL. Chief Industrial Commi ss i one r Appearances: ·• Mr N. Roberts for The Electri ca l Trades Union of Employees of Australi a. Quee nsland Branch. Mr L. Casey for the Australian Serv i ces Industri al Uni on or Employees (Queen sl an d Loc al Government, Energy, Ports. lnfonnation Technology. Soc i al and Community Se rvices Branch). Mr D. M apstone for the A ustra li a1 1 Municipa l. Admi ni stra tive. Clerical and Servi ces Un i on . Central and Southern Queens l an d Cleri cal an d Admini st r at i ve Branch. Union of Employees. M r J. Bonding for t he Au tomotive, Metals an d Engineeri ng Industr i al Union of Empl oyees . Queens l and. Mr G. Yates for the Australian Institute of Marin.: and Power Engi nee r~· Union of Emp loy ees . Queenslan d Distr ic t. Mr R. Stc.ini tz for the Queens l and N ur~ es • Union of Employees. Mr D. D·Arcy for T he A ustralian Workers· Union of Employ ees. Que ensl and. Mr C. Vicke rs l'or the Federat ed lronwork.ers Assoc iation of Australia (Queensland Branch) Uni on of Em ployees. Opera ti ve Da te: 22 Jui) I 99 4 Dec i si on : Alteration to ru l es Re le ase d: 22 July 19 94 (5 Au gust, 1994 5 August. 19941 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 869 -- 2 of 2 --