Australian Bank Employees Union, Queensland Branch Union of Employees [1993] QIRC 377 (1993) 144 QGIG 441

440 QUEE SLA D GOVER ME T INDUSTRLAL GAZETTE l22 Oct0ber. 1993 22 October. 1993 1 QUEE SLA D GOVERNMENT INDUST RIAL GAZETTE 44 1 #################################################### QUtENSLAND INDUST RI AL RELA TIONS COMMI SS ION INDUSTRIAL RELATIONS (PROTECTION FROM INVALIDITIES) ACT 1991 Industrial Relation5 Act 1990 Australian Bank Emp loye es Union, Queensland Branch Unio n of Employees (No. 8341 of 1993) CERTIFICATE PROTECTING ACAi ST INVALID I TY CHIEF INDUSTRIAL CO MMI SSIO NER HALL 13 October 1993 Enveloping of Sta te . Union in Federal Union - Interm ingling o( Affairs - Good Fa11h - Nor Possible 10 Unravel - Prospective Cert,f1ca Ie Granted. W I IEREAS having heard Mr Reidy for the Australian Bank Employees Union. Queensland Bra n ch Union of Employees and having read t he afiidav,t of M ark Franc is Lynch and a fu rther affidavit of Mr Re idy, I am satisfi ed ,- -- 1 of 2 -- 442 A. 8. c. D. E. F. G. H. I. J. QUE ENS LAND GOVE RNMEN T INDU ST RI AL GAZE TTE [22 October, 1993 THAT the Austral i an Bank Emp l oyees Un ion, Queensland Branch Union of Emp loyees and its committ ees of management (pas t and present) and i ts officers (p ast and present) and diverse pe rso ns and bod ies of persons (pas t and present) acting or purporting to act on the organisations behalf have engaged and continue to engage in conduct more particularly described at Schedule 1; AN D THAT as a result of such conduct inval idi ties within the meaning of s. 6(3) and (4) of the Industrial Relations (Protection from Invalidities) Act 1991, being invaliditi es mo re particularly described at Schedule 2, ha ve or may have occurred; AN D THAT such invalidities:- (a) cons i sted of, resu l te d from, or arose out of a contraventi on of - (b) (i) a requirement of the Industrial Relations Act 1990 or a previous Act; or (i i) a requirement of a rule of the organisat ion; and occurred bec ause the organi sa ti on, com mi tt ee, official, body or per son acted or purported to act on behalf of the organisation, in rel iance upon - (i) (ii) a prov isio n of the Commonwea lt h Ac t applicable to the counterpari federal body of the organisation; or a prov isio n of a rule of the coun te rpa n fe dera l body of t he organisation; and occurred in t he be lie f t ha t the req uirement h ad been complied with or did not apply. AND THAT the invalidi ties which occurred or may have occurred w ill or may occur in the future and after the i ssue of anv certificate under the Industrial Relations (Protection fro/n Invalidities) Act 1991; AND THAT the comm i ttees, official s, bod ies of persons and pe rs ons who have purported to act and purport to act on behalf of the organi sa ti on acted in good fa ith; AN D TH AT the inval idities wh ich w ill or may occur in the future w ill ari se out of the conduct particu larised at Schedule 1, which conduct has or may a lready have occurred, and the invali diti es pa rticulari sed at Schedule 2, which invaliditi es have or may already have occurred; AN D THAT the orga ni sa tion and its admini st rat ion have been and are so enveloped in and in termingled w ith the counterpart federal body and its administration that it i s not possible in fact or in law to separa te out the organisation and the administrati on; AN D THAT t he actions of the organi sation in admi tting to membersh ip the members referred to in Sc hedul e 2 were not carried out for the p urpose of prej udicing the interests of another industrial organisati on; AND THAT the rul es, admini strative structu re , recor ds and other arrangemen ts of the Appl icant Union prov ide for the proper protection and representation of the int erests of i ts members; AND THAT a certificate under the Industrial Relarions (Protection from Invalidities) Act 1991 should issue for the purpose of protecting from the inva li dit i es to wh ich it appli es - (a) the App licant organisation; and (b) the Commi ttee of Management or other body of t he Appl icant organi sat i on wh ich acts ha s acted or w ill act or has, does or will purport to act on behalf of the Applicant organ isation; and (c) the officials or persons who have acted, have purport ed, do purpon or wi ll purport to act on behalf of the Applicant organi sation. which certificate should apply with respect to a matter whether it occurs - (dJ (e) before or after i ssue of t he Cenificate; or before or after commencement of the Industrial Relations (P rotection from Invalidities) Act 1991 . I D ECLARE that neit he r the Australian Ba nk Employees Un ion, Queensland Branch Un ion of Emp loyees no r i ts ru l es, administration, decisions, acts, electi ons or members are, wh ile this cert ificate is in force, to be chal lenged, im pugned or in anyway affected in any proceedings upon the ground of any inva li dity specifi_ed herein w_hensoever occu!nng and tha t the organisation, its rul es, adm1n1st ra 1t on, dec1s,o n s, acts, electi ons and members are valid notw it hsta nding the ex i stence of an invalid ity specified herein wh ensoever occ urr ing. Dated thi s thirteen th day of October, 1993. (al (bl (c) (d) (e) (g) (h) (i) D.R. HALL, Chief Industri al Commissioner. SCHED U LE 1 PARTIC U LAR S OF CONDUCT On or about 14 Feb ruary 1964, t he counterpart federal body of the App licant Org an isation, the Australian Ban k Offic i als Associa tio n, Queensl an d Branch commenced to meet. The counterpart fe deral body was constituted by the officers of Organisation. at its inception t he Applican t The App licant Organi sat ion (through its offi cers) at all times intended to maintain i ts State reg i stra tion although at the same time it intended to "become" a division or branch of a federal ly registered organ isat ion and consequently thereby became the counterpart federal body on or about 22 June 1964. On or about 22 June 1964 Ru le 91A enacted by t he federal body wa s approved by the Commonwealth Industrial Reg i st rar to the inten t that the existing sta te registered organisa ti on would be adopted as a division or branch of the counterpart federally registered organisation. Throughout the early months of 1964 the App licant Organisation formulated rule changes w hich did not confl ict with t he rules of the federal organisation or Commonwealth legislation to the intent tha t the Appl icant O rganisation wo uld be adop ted as the counterpart federal body by the federally registered organ isati on. The Applicant O rgan i sati on sought to have the ru le changes referred to in (e) approved by the Queensland Sta te Industrial Reg i st rar and the Commonwealth Industrial Registrar of the time and, in seeking the rule changes, acted in pursua nce of Rule 9 1A of the then rul es of the federally registered organisation and was open and fr an k wit h the State Regis trar. On or about 29 Ap ri l 1964 amendmen ts were made to the Appl icant Organisation's rul es for the purpose of permi tting State registrati on to be prese rved and "at the same time reg istering as a state division of the Austral ian Bank Off ici als A ssoc i at ion" (t he federal ly registered organisation). The rule chan ges made by the Appli ca nt Organisation and its coun te rpart fe deral body were effected in consultation w it h the Commonwealth Industri al Reg i stra r and the Queensl and State Industrial Reg i st rar. At a speci al general m ee ting on 23 Sep tember 1965 the following resolution was passed by the Applicant Organi sat ion: " Tha t this meeting of membe rs of the Un i te d Bank Off i ce rs' Association of Queensland adopt the amended set of Ru l es as tabled, for registration in the State Industrial Commission, incorp ora ting the chan~e in name of the Association from " United Ban k Otticers' A ssoci at ion of Que ensland, Union of Empl oyees • to 22 October, 1993] QUEENS LAND GO VE RNM ENT INDU ST RIAL GAZETTE 443 "Australian Ba nk Offi cial s Association - Q ueensland D ivi si on - Union of Emp loyees", an d whic h w ill permit the efficient operation of t!-\e Association as a State Div i sion of the Aust ra lian Bank Officials Association w it h re gistrations in both th e State and Commonwealth Industrial Comm iss i on." (j) The Ru l es adopted by the meeting of 23 September 1965 became registered as t he rules of the Appli ca nt Organisation and al so as a discr ete se t of rules of the counterpart federa l body (w it h t he Commonwealth Industrial Reg istry). The sa i d rul es contained Ru le 71 wh ich was intended to preserve state regist ra tion and membership. (k) As and from November 1965, t he Appl i can t Organisation rega rded i tse lf as ha vi ng attained dual registra ti on. h subseq uently ope ra ted as a single enti ty w ith dual registration wh ich resulted in it having a single meeting (for both bodies), a single set of acco un ts, single el ections, (save that persons who claimed membership of the sta te body only did not vote fo r "out of Q ueensland" officia l s), a unitary sys tem of admini st ra tion, a single se t of records, and a single application for membership. In all res p ects, the Applicant Organisation and t he counterpart federal body have operated as one and th e same body since November 1965 but on the bas is th at the Applicant Organisation had b een adopted as part oi the federally r eg istered organisation. Consequently since that time, the Appl icant Organisation has acted in accordance wi th that beli ef. SC HED U LE 2 PARTI CULAR S OF I NVALIDI TES Invalid it ies of the type referred to in Section 6(3) exist or may exist in reg ard to:- (a) The register of members of t he Applicant O r gan isation in that the Appl i ca nt Organi sati on h as fai led to keep a separa te regi ster of memoers; (b) Mem bership of the Appli ca nt Organisation in that there has been no sepa rate form of applicati on for membership and no separate membershi p f ee distinct from the application made to and the fee paid to t he coun te rpa rt federal body; (C) (d) (e) (f) (g) (h) T he records of the Applican t O rgan i sa ti on in that the Applic an t Organisation has not kept any records sep arate and di st inct from 1he records of t he counterpart federa l . body being reco rd s which are required by the lndustr,al Relations Act 1990 or previous Act s; The funds of the App licant Organi sat ion in tha t the Appl icant Organisation has not main ta ined fun ds, bank accoun ts and other mon ies separate from that of the counterpart federa l organisation and in accordance with the rules of the Applicant Organisation or the provisions of the Industrial Relations Ace 1990 or previous Acts; Th e_ prescribed or reci uired accoun ts, accounting reco rds or financial records in that no such accounts or re cords were kept wh ich were separate from those of the counterpart federal body which fa ilure h as or may have res ulted in a breach of the Industrial Relations Ace 1990 or previous Acts or the rul es of the App licant O rga ni sa ti on; The el ec tion of Officers and offici als of the Applicant O rganisation in that elections have not or may not have taken place in accordan ce with t he ru les of the App licant Organ isa ti on and the requirements of the Industri al Relations Ac! 1990 or previous Ac ts, although such elections may have been conducted in accordance with t he rules of the coun terpart fe deral body and the Commonwealth Act; The appoin tm ent of Offi cers to casua l vacanci es of th e Applicant O rgan isation; The rul es of the App licant Organisation in that t he Appl icant Organi sa ti on has not kept or maintained any or any sufficient ru l es that are separate and distinct from the ru l es kept and maintained by the counterpart fe deral body; (i) (j) The admission to mem be rsh ip oi pe rsons not entitled to be admitt ed under the eligib ili ty rules; or Any matter consequen t upon or arising out of the matters re fer red to above. Opera tive Date: 12 Oc tober 1993 Certificate Protec ti ng Aga in st Invalid ity Release d: 13 October 1993 #################################################### -- 2 of 2 --