Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Electrical, Energy and Services Division Queensland Divisional Branch v Queensland..

The Queensland Industrial Relations Commission considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Electrical, Energy and Services Division Queensland Divisional Branch against the Queensland Electricity Transmission Corporation Limited. The Union sought a bargaining order and an order preserving the status quo pending determination of the scope of an application. The proposed agreement was currently being balloted among the Union members. The legal issues before the Commission were whether the requirements of sections 230(1)(c) and 230(3) of the applicable legislation had been met and what considerations should be taken into account when making the application. The Commission further examined the impact of any delay in making the application.

The Commission held that for a bargaining order to be granted, the Union must establish that it has a genuine desire to bargain, that the employer has a genuine willingness to negotiate, and that the subject matter of the proposed agreement is appropriate for bargaining. The Commission found that the Union had demonstrated a genuine desire to bargain and the employer had shown a willingness to negotiate. However, the Commission was concerned about the timing of the application and the delay in making it, which impacted the relevance of the evidence provided. The Commission concluded that the delay in making the application undermined the Union's case and, therefore, dismissed the application for a bargaining order and the application for preservation of the status quo.

The Commission did not make any orders in relation to the Union's application for a bargaining order or the preservation of the status quo. The Commission's decision highlights the importance of timely applications and the need for applicants to demonstrate a genuine desire to bargain and appropriate subject matter for bargaining. The decision also underscores the relevance of the timing of an application and the impact of any delay in making it on the outcome of the case.