Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees [1993] QIRC 31 (1993) 142 QGIG 336

336 QUEENSLAND GOVERNMENT IN DUSTRIAL GAZETTE [ 12 March, 1993 !t'#lf/Jt.'t!!PIN, II Jlflft#,f.ff;; ;; ;; ;'; J.'/:iiN'iJl ,tf /lll#i!#########t.'l~.'JN#!!Jt'!.'!,1######## QUEENSLAND INDUSTRIAL RELATIONS COMMISSION INDUSTRIAL RELATIONS ACT 1990-1991 Industrial Relations (Protecr,on from Invalidities} Act 1991 Federated Clerks' U nion of Australia (Central and Southem Quee nsland Branch) Union of Em pl oyees (No. 8641 of 1992) CE RTIFI CATE PRO TE C TI NG A GA I NST I NVALIDITY COMMISSION ER EDWARDS 10 February 1993 THIS Certificate is issued under section 6 of the Industrial Relations (Protection from Invalidities} Act 1991. ii is herebv declared that the Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees ("the applicant Industrial Organization") is not to be challenged, impugned, or in any way affected in any proceedings upon the grounds of the following invalidities:- 1. (a) Invalidities con sis ting of, resulting from, or arising out of contravention of:- (i) a requ irement of the Industrial Relations Act 199~/991 or a previous Act; or (ii) a requirement of a rule of the applicant Industrial Organization; and (b) Occurring because the applicant Industrial Organization or its Branch Executive or Branch Counci I or a body or person or persons acting or purporting to act on behalf of the applicant Industrial Organization, relied upon:- (i) a provision of the Commonwealth Act applicable to the co unterpart Federal Body of the applicant, namely, the Central and Southern Queensland Branch of the Fe derated Clerks' Union of Australia; or (ii) a provision of a rule of the counterpart Federal Body: and 2. An invalidity consisting of, resulting from, or arising out of the admission by the app licant Industrial organization to its membership of persons not entitled to be admitted under its eligibility rules. Section 6(3) Im•aliditlcs Invalidi ties of the type referred to in section 6(3) exist or ma y ex ist in regard to:- (a) The original registration of the applicant industrial Organization in that such r.:gistration was effected by the counterpart Federal Body; (b) The register of memb ers of the applicant Industrial Organization in that the applicant Industrial Organization ha.~ failed to keep a separate register of memb ers; (c) Membership of the applicant Industrial Organization in that there has been no separate form of application for membership and no separate membership fee distinct from the app lication made to and the fee paid to the counterpart Federal Body; (d) The records of the applicant industrial Organization in that the applicant Industrial Organization has not kept any records separate and distinct from the records of the counterpart Federal Body which records are required by (e) (f) the Industrial Relations Act /990--1991 or previous Acts; The funds of the applicant Industrial Organ ization in that the applicant Industrial Organ ization has not maintained funds, bank accounts and other monies separate from that of the counterpart Federal organisation and in ac cordance with the rules of the applicant Industrial Organization or the provisions of the Industrial Relations Act /990--199/ or previous Acts; The prescribed or required accounts, accou nting records or financial records in t hat no such accounts or records were kept which were separate from those of the counterpart Federal Body and which failure has or may have resulted in a breach of the Industrial Relations Act 1990--1991 or previous Acts or the rules of the appli cant Industrial Organization; (g) The election of Officers and officials of the applicant Industrial Organization in that those elections have not or may not have taken place in accordance with the rules of the applicant Industrial Organization and the requirements of the Industrial Relations Act 1990--1991 or previous Acts. although su ch elections may have been conducted in accordance with t he rules of the counterpart Federal Body and the Commonwealth Act ; (h) The appointment of Officers to casual vacancies of the applicant Industrial Organization; (i) The rules of the applicant Industrial Organization in that the applicant Industrial Organization has not kept or maintained any or any suflicient ru les th at are separate and distinct from the rules kepi and maintained by the counterpart Federal Body; (i) The admission to membership of persons not entitled to be admitted under the eligibility rules; or (k) Any matter consequent upon or arising out of the matters referred to above. Persons Prote ct ed This Certificate is issued for the purpose of protecting from the invalidities to which it applies over the period to which it applies:- (a) The applicant Industrial Organization; and (b) The Branch Executive, Branch Council or body of the applicant Industri al Organization which acts has · acted or will act or has, does or will purport to act on behalf of the applicant Industrial Organization; and (c) The officials or persons who have acted, have purported, do purport or will purport to act on behalf of the applicant Industrial Organization. Application of Ce rt ificate This Certi fi cate shall a pply to protect the per.ons referred to in it with respect to matters dealt with by the Certificate whether they occur:- (a) before or after issue of the Certificate: or (b) before or after commencement of the Industrial Relations (Protection from Invalidities} Act /991 . Ded aration and Ce rtlncation It is hereby further declared and certified that :- (i) thi s Industrial Commission is satisfied that the applicant Industrial Organization. its Branch Executive, its Branch Council, its Officers and its officials or persons or bodies acting o r purporting to act on behalf of the appli cant Industrial Organ ization have acted in good faith and in the bel ief that the requirements of the Industrial Relations Act J 991>-J 99 I or previous Acts or the requirements of t he rules of the applicant Indust rial Organization have been compl ied with or did not appl y; and (ii) this Industrial Commission is satisfied that the rules, administrative structure, records and other arrangements of the applicant Industrial Organization provide for the proper protecti on and representation of the interests of its members. r 12 March, l 993] QUEENSLAND GOVERNMENT INDUST RI AL GAZETTE Accordingly. th is Co mmiss ion issues a validating Certificate pursuant to section 6 of the Industrial Relations (Protection from Invalidities) Act I 991, and declares that the operative date of the Certificate is the tenth day of February, 1993. Da ted th is tenth day of February, 1993. By the Commission, [L.S .) M.J. CALLEN , Industrial Regist rar. Operative Date : 10 February 1993 Certificate Protecti ng Aga inst Invalidity Released: 26 February 1993 #1#1#######11#,/JIJJ:t.';h; J;;, llihl nu ,l!f!#tfNI tl#l#l#!:f###.: 1/://: ;tJ;; ;; ;, .!.: ;J;J!.'t; f.;; :/J; 337 -- 1 of 1 --