Industrial Relations Amendment Regulation (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 223 Industrial Relations Act 1990 INDUSTRIAL RELATIONS AMENDMENT REGULATION (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Omission of ss.1.2–1.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s.2.1 (Dealing with Demarcation Disputes) . . . . . . . . . . . . . 4 5 Replacement of Part 3, Divisions 3–5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 3—Request to Industrial Registrar for conduct of elections 3.15 When request to Industrial Registrar for conduct of elections may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.16 Unauthorised action in conduct of ballot . . . . . . . . . . . . . . . . . . . . . . 5 Division 4—Elections for office 3.17 Application for industrial organisation or branch to conduct its elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.18 Publication of notice for purposes of s.13.24B(4) of the Act . . . . . . 5 3.19 Objections to application to conduct elections . . . . . . . . . . . . . . . . . 6 3.20 Answer to objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.21 Hearing of application to conduct elections . . . . . . . . . . . . . . . . . . . 6 3.22 Revocation of exemption allowing an industrial organisation or branch to conduct its elections . . . . . . . . . . . . . . . . . 7 3.23 Prescribed information in relation to election—s.13.24E of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Industrial Relations Amendment (No. 1) No. 223, 1993 Division 5—Amalgamation of industrial organisations 3.24 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3.25 Federations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3.26 Application for a community of interest declaration . . . . . . . . . . . . 11 3.27 Application for approval for submission of amalgamation to ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3.28 Application for exemption from ballot . . . . . . . . . . . . . . . . . . . . . . . . 12 3.29 Application for ballot not conducted under s.13.73J of the Act . . . . 12 3.30 Withdrawal of applications filed under s.13.62, 13.63, 13.65 or 13.66 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3.31 Prescribed matters—s.13.72(3) of the Act . . . . . . . . . . . . . . . . . . . . . 13 3.32 Public notification of a refusal under s.13.73 of the Act to approve the submission of an amalgamation to ballot . . . . . . . . . . . 13 3.33 Time for filing an objection under s.13.73A of the Act . . . . . . . . . . . 13 3.34 Manner of making objections—s.13.73A of the Act . . . . . . . . . . . . . 14 3.35 Prescribed persons—s.13.73A(3) of the Act . . . . . . . . . . . . . . . . . . . 14 3.36 Prescribed grounds—s.13.73A(3) of the Act . . . . . . . . . . . . . . . . . . . 14 3.37 Service of notice of objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3.38 Statement in reply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3.39 Hearing of objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.40 Applicants to be heard before an application may be refused under s.13.73B of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.41 Roll of voters—preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.42 Roll of voters—inspection etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3.43 Form and publication of notice of ballot . . . . . . . . . . . . . . . . . . . . . . 17 3.44 Conduct of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3.45 Scheme for amalgamation—Industrial Registrar to supply copies of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.46 Scheme for amalgamation—electoral official to supply copies of documents on request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.47 Duties of electoral official if ballot not conducted under s.13.73J of the Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3.48 Ballot papers—forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.49 Issuing of ballot papers—attendance voting . . . . . . . . . . . . . . . . . . . 20 3.50 Dispatch of ballot papers—secret postal ballots . . . . . . . . . . . . . . . . 20

3 Industrial Relations Amendment (No. 1) No. 223, 1993 3.51 Duplicate ballot papers—attendance voting . . . . . . . . . . . . . . . . . . . 21 3.52 Duplicate ballot paper etc.—postal voting . . . . . . . . . . . . . . . . . . . . 21 3.53 Manner of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.54 Custody of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.55 Scrutiny . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.56 Scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 3.57 Certificate showing particulars of the ballot . . . . . . . . . . . . . . . . . . . 25 3.58 Preservation of ballot papers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3.59 Inquiry into ballot irregularity—application . . . . . . . . . . . . . . . . . . . 27 3.60 Inquiry into ballot irregularity—directions as to hearing . . . . . . . . . 27 3.61 Inquiry into ballot irregularity—inspection of documents . . . . . . . . 27 3.62 Inquiry into ballot irregularity—procedure at hearing . . . . . . . . . . . . 27 3.63 Inquiry into ballot irregularity—interim orders in case of uncompleted ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 3.64 Public notification of amalgamation day . . . . . . . . . . . . . . . . . . . . . . 28 3.65 Registration of amalgamated organisations—prescribed particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3.66 Notification of decisions, ballots, etc.—additional means may be used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6 Amendment of s.3.48 (Certificates to be given in accounts) . . . . . . . . . . . . 29 7 Amendment of s.3.49 (Information to be provided to members and Industrial Registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 8 Renumbering of ss.3.44–3.51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

4 Industrial Relations Amendment (No. 1) No. 223, 1993 ˙ Short title 1. This regulation may be cited as the Industrial Relations Amendment Regulation (No. 1) 1993 . ˙ Amended regulation 2. The Industrial Relations Regulation 1990 is amended as set out in this regulation. ˙ Omission of ss.1.2–1.3 3. Sections 1.2 and 1.3— omit. ˙ Amendment of s.2.1 (Dealing with Demarcation Disputes) 4. Section 2.1(1)— omit ‘ section 4.25 of the Act ’, insert ‘ section 4.25A of the Act ’. ˙ Replacement of Part 3, Divisions 3–5 5. Part 3, Divisions 3 to 5— omit, insert— ‘Division 3—Request to Industrial Registrar for conduct of elections ˙ ‘When request to Industrial Registrar for conduct of elections may be made ‘3.15 A request to the Industrial Registrar for the conduct, under section 13.41 of the Act, of an election for an office in an industrial organisation or branch is to be made not earlier than 1 month or later than 3 months after the last day on which a person may become a candidate at the election.

5 Industrial Relations Amendment (No. 1) No. 223, 1993 ˙ ‘Unauthorised action in conduct of ballot ‘3.16 A person, other than the person conducting an election ballot or amalgamation ballot, must not do, or purport to do, any act in the conduct of the ballot unless authorised by the person conducting the ballot. Maximum penalty—20 penalty units. ‘Division 4—Elections for office ˙ ‘Application for industrial organisation or branch to conduct its elections ‘3.17(1) An application under section 13.24B(1) of the Actfor an exemption from section 13.24A(1) of the Act must— (a) be in writing signed by a member of the committee of management; and (b) state the grounds on which the exemption is sought. ‘(2) For the purposes of section 13.24B(2)(b) of the Act, a member of an industrial organisation or branch is notified of the making of a resolution— (a) if the member is furnished with a copy of the resolution; or (b) if the industrial organisation or branch publishes a journal that is circulated among its members—if a notice of the making of the resolution is published in the journal. ˙ ‘Publication of notice for purposes of s.13.24B(4) of the Act‘3.18(1) A notice under section 13.24B(4) of the Act, in relation to an application for an industrial organisation to be exempted from section 13.24A(1) of the Act, must be published— (a) in a newspaper or newspapers circulating generally throughout the State; and (b) in any other newspaper or publication that, in the Industrial Registrar’s opinion, appears to be appropriate in the circumstances.

6 Industrial Relations Amendment (No. 1) No. 223, 1993 ‘(2) The notice must be published not later than 21 days after the application is filed in the Industrial Registrar’s Office. ˙ ‘Objections to application to conduct elections ‘3.19(1) An objection under section 13.24C(1) of the Actto an application under section 13.24B(1) of the Act may be made by filing in the Industrial Registrar’s Office, not later than 28 days after the publication of the notice under section 13.24B(4) of the Act— (a) a written notice of objection stating the grounds for objecting to the application; and (b) a written statement signed by the objector setting out the facts on which the objector relies to support the objection. ‘(2) Not later than 7 days after a notice of objection to an application is filed in the Industrial Registrar’s Office, the objector must serve on the applicant a copy of— (a) the notice; and (b) the written statement accompanying it. ˙ ‘Answer to objections ‘3.20 An applicant— (a) may, within 14 days after service on the applicant of a notice of objection under section 3.19(2), file in the Industrial Registrar’s Office in answer to the objection a written statement signed by a member of the committee of management making the application; and (b) must serve a copy of the statement on the objector within 7 days after the written statement has been filed. ˙ ‘Hearing of application to conduct elections ‘3.21(1) The Industrial Registrar must— (a) fix a time and place for hearing the application and any objection; and

7 Industrial Relations Amendment (No. 1) No. 223, 1993 (b) cause the applicant and any objector to be notified of the time and place fixed. ‘(2) At the hearing, the Industrial Registrar must hear the applicant and any objector if they are present and desire to be heard and must decide the matter. ‘(3) The Industrial Registrar may permit the applicant and any objector to call oral evidence. ˙ ‘Revocation of exemption allowing an industrial organisation or branch to conduct its elections ‘3.22(1) An application by the committee of management of an industrial organisation or branch under section 13.24D(2)(a) of the Act for revocation of an exemption must— (a) be in writing; and (b) be accompanied by a written statement signed by a member of the committee of management stating that the committee of management has resolved to make the application. ‘(2) For the purposes of section 13.24D(2)(b)(ii) of the Act, the Industrial Registrar must give the committee of management of the industrial organisation or branch an opportunity to show cause why an exemption granted to the organisation or branch should not be revoked by— (a) fixing a time and place at which the committee may show cause; and (b) giving the committee written notice of the time and place fixed and a statement of the registrar’s reasons for the proposed revocation. ˙ ‘Prescribed information in relation to election—s.13.24E of the Act ‘3.23(1) For the purposes of section 13.24E(1) of the Act, the following information is prescribed information— (a) the name of each office for which an election is required; (b) the reason for the election, being—

8 Industrial Relations Amendment (No. 1) No. 223, 1993 (i) that the term of the office has expired; or (ii) that there is a casual vacancy in the office; (c) the number of offices and, if applicable, the membership figures used in calculating the number of offices, if— (i) more than 1 office for which an election is required has the same name; and (ii) the number of the offices can, under the rules of the relevant industrial organisation or branch, be ascertained before the prescribed day; (d) if the electorate comprises only members of a branch, section or other division of an industrial organisation—the name of the branch, section or division; (e) the day and time of the start and end of the period during which nominations of candidates for the election will be called for, or may be made, under the rules of the industrial organisation or branch; (f) the voting system to be employed in the conduct of the election, being— (i) a direct voting system; or (ii) a collegiate electoral system. ‘(2) The prescribed information must be accompanied by a statement signed by an officer of the industrial organisation or branch filing the information who is authorised by the organisation or branch to sign the statement stating that the information is being filed under section 13.24E(1) of the Act. ‘(3) For the purposes of section 13.24E(1) of the Act, the prescribed day is the day occurring 2 months before the first day on which a person may, under the rules of the industrial organisation or branch, become a candidate in an election.

9 Industrial Relations Amendment (No. 1) No. 223, 1993 ‘Division 5—Amalgamation of industrial organisations ˙ ‘Interpretation ‘3.24(1) In this Division— “applicant” , in relation to a proposed amalgamation, means an industrial organisation or association that is a party to an application under section 13.63 of the Act; “ballot” means a ballot mentioned in Division 7 of Part 13 of the Act; “inquiry” means an inquiry under section 13.73M of the Act into alleged irregularities in relation to a ballot; “multiple ballot paper” means a ballot paper that, under section 13.73J(3) of the Act, is to be used for 2 or more ballots; “scrutineer” means a person appointed as scrutineer under section 3.56(2) or allowed to be a scrutineer under section 3.56(4). ‘(2) A reference in this Division to a document (however described) being signed by an authorised officer of a body is a reference to the document being signed by an officer of the body who is authorised by the body to sign the document. ‘(3) A reference in this Division to a ballot paper includes a reference to a multiple ballot paper. ˙ ‘Federations ‘3.25(1) An application under section 13.57(1) of the Act must— (a) be made in Form 2 of the Rules of Court; and (b) be accompanied by a copy of the proposed rules, or the proposed agreement relating to the powers and functions, of the proposed federation for which the application is filed. ‘(2) For the purposes of section 13.57(2)(b) of the Act, the following particulars are prescribed in relation to an application for recognition as a federation— (a) the name of the proposed federation; (b) the names of its constituent industrial organisations;

10 Industrial Relations Amendment (No. 1) No. 223, 1993 (c) its postal address or address for service; (d) the names of its proposed officers. ‘(3) For the purposes of section 13.57(3) of the Act, the period of 3 years is prescribed. ‘(4) For the purposes of section 13.57(4) of the Act, the following details are prescribed— (a) the federation’s name; (b) the names of its constituent industrial organisations. ‘(5) If, in accordance with section 13.57(7) of the Act, a federation varies its composition, the Industrial Registrar must enter particulars of the variation in the register maintained under section 6.3(1)(b) of the Act. ‘(6) For the purposes of section 13.57(8)(b) of the Act, the period of 3 years is prescribed. ‘(7) For the purposes of section 13.57(8)(c) of the Act, the following persons are prescribed— (a) the Minister; (b) a person or industrial organisation interested in making the relevant application under that paragraph. ‘(8) If, after a federation has become registered under section 13.57 of the Act, there is a change in— (a) a particular in relation to the federation of a kind mentioned in subsection (2); or (b) the federation’s rules; or (c) the agreement relating to the federation’s powers and functions; the federation must give a statement to the Industrial Registrar setting out full particulars of the change within 28 days of the change. ‘(9) A federation that fails, without reasonable excuse, to file a statement in compliance with subsection (8) commits an offence. Maximum penalty—20 penalty units.

11 Industrial Relations Amendment (No. 1) No. 223, 1993 ˙ ‘Application for a community of interest declaration ‘3.26 An application under section 13.62(1) of the Act must— (a) specify the grounds on which it is made; and (b) be signed by an authorised officer of each industrial organisation filing it. ˙ ‘Application for approval for submission of amalgamation to ballot ‘3.27(1) An application under section 13.63(1) of the Act must— (a) specify one of the applicants as the applicant authorised to receive, on behalf of the applicants, service of— (i) documents in relation to the application or proposed amalgamation; and (ii) documents in relation to each proposed alternative amalgamation; and (b) be signed by an authorised officer of each applicant filing it; and (c) be accompanied by a copy, signed by an authorised officer of the applicant whose committee of management passed it, of each resolution under section 13.61(1) of the Actrelating to the proposed amalgamation. ‘(2) Service of a document mentioned in subsection (1)(a)(i) or (ii) on the applicant specified for the purposes of subsection (1)(a) is taken to be service on each of the applicants. ‘(3) If the proposed amalgamation to which the application relates, or any alternative provision of the proposed amalgamation, involves the registration of an association as an industrial organisation, there must be filed with the application copies of the documents mentioned in subsection (4). ‘(4) For the purposes of subsection (3), the documents are documents relating to the association that are documents of a kind mentioned in rules 42.1 and 42.2 and Forms 23 and 24 of the Rules of Court. ‘(5) A copy of a document mentioned in subsection (3) must be signed by an authorised officer of the industrial organisation or association filing it.

12 Industrial Relations Amendment (No. 1) No. 223, 1993 ˙ ‘Application for exemption from ballot ‘3.28 An application under section 13.65(1) of the Act must— (a) specify the grounds on which it is made; and (b) be signed by an authorised officer of the industrial organisation filing it. ˙ ‘Application for ballot not conducted under s.13.73J of the Act‘3.29 An application under section 13.66(1) of the Act must— (a) set out, or be accompanied by, a proposal that— (i) is of the kind mentioned in that subsection; and (ii) complies with section 13.73I(b) of the Act; and (b) be signed by an authorised officer of the industrial organisation filing it. ˙ ‘Withdrawal of applications filed under s.13.62, 13.63, 13.65 or 13.66 of the Act‘3.30(1) A party to an application under section 13.62(1) or 13.63(1) of the Act may file in the Industrial Registrar’s Office a notice of withdrawal from the application. ‘(2) The parties to an application under section 13.62(1) or 13.63(1) of the Actmay jointly file in the Industrial Registrar’s Office a notice of withdrawal of the application. ‘(3) The applicant under section 13.65(1) or 13.66(1) of the Act may file in the Industrial Registrar’s Office a notice of withdrawal of the application. ‘(4) A party or applicant that files a notice of withdrawal must file with the notice a statement, signed by an authorised officer of the party or applicant, stating that the committee of management of the party or applicant has passed a resolution approving the proposed withdrawal. ‘(5) If a notice is filed under subsection (1), the Industrial Registrar must take the steps that the registrar thinks necessary to ensure that the notice is brought to the attention of the industrial organisations, associations and persons likely to be affected by the withdrawal.

13 Industrial Relations Amendment (No. 1) No. 223, 1993 ˙ ‘Prescribed matters—s.13.72(3) of the Act ‘3.31 For the purposes of section 13.72(3) of the Act, the following matters are prescribed— (a) a proposed alteration of the eligibility rules of an existing industrial organisation concerned in the proposed amalgamation; (b) a proposed alteration in the name of an existing industrial organisation concerned in the proposed amalgamation. ˙ ‘Public notification of a refusal under s.13.73 of the Act to approve the submission of an amalgamation to ballot ‘3.32(1) If, under section 13.73(2) of the Act, the Commission has refused to approve the submission of an amalgamation to ballot, the Industrial Registrar must publish a notice of the refusal in 1 or more newspapers so that, in the registrar’s opinion, the notice is likely to come to the attention of persons likely to be affected by the proposed amalgamation. ‘(2) The notice must— (a) specify the prescribed grounds on which an objection to a matter involved in a proposed amalgamation may be made under section 13.73A of the Act; and (b) state that an objection must be filed by a specified day, being the day by which, under section 3.33, the objection must be filed. ˙ ‘Time for filing an objection under s.13.73A of the Act‘3.33 An objection under section 13.73A of the Act must be filed— (a) by the day the Commission fixes; or (b) by any later day the Commission substitutes for the day fixed; or (c) if no day is fixed by the Commission, within 28 days of the date of publication (or, if there is more than 1 such date, the first date of publication) of a notice under section 3.32 in relation to the relevant proposed amalgamation.

14 Industrial Relations Amendment (No. 1) No. 223, 1993 ˙ ‘Manner of making objections—s.13.73A of the Act ‘3.34(1) An objection under section 13.73A of the Act must be made by filing in the Industrial Registrar’s Office, within the time prescribed by section 3.33, a notice of objection that— (a) shows the name and address of the person making the objection; and (b) specifies the grounds of the objection; and (c) sets out particulars of those grounds. ‘(2) A notice of objection filed by an industrial organisation must be under the seal of the organisation or be signed by an authorised officer of the organisation. ˙ ‘Prescribed persons—s.13.73A(3) of the Act ‘3.35 For the purposes of section 13.73A(3) of the Act, any person, or industrial organisation, interested in a proposed amalgamation is a prescribed person in relation to an objection to the amalgamation. ˙ ‘Prescribed grounds—s.13.73A(3) of the Act ‘3.36 For the purposes of section 13.73A(3) of the Act, each of the following grounds is a prescribed ground in relation to an objection to a proposed amalgamation— (a) if the amalgamation involves the registration of an association as an industrial organisation— (i) that the registration of the association would not further the objects of the Act; or (ii) that there is an industrial organisation to which the members of the association may conveniently belong; or (iii) that the name of the association is the same as that of an industrial organisation or is so similar to the name of an industrial organisation that it is likely to cause confusion; or (iv) that the association is not a genuine association of a kind mentioned in section 13.1 of the Act; or

15 Industrial Relations Amendment (No. 1) No. 223, 1993 (v) that the association does not meet (or, if the amalgamation takes effect, will not meet) the requirements for registration under the Act; (b) if the proposed amalgamation involves a change in the name of an industrial organisation—that the proposed new name of the industrial organisation is the same as that of another industrial organisation or is so similar to the name of another industrial organisation that it is likely to cause confusion; (c) if the proposed amalgamation involves a widening of the eligibility rules of an existing industrial organisation—that there is another industrial organisation to which persons might conveniently belong if the persons— (i) are potential members of the amalgamating industrial organisations; and (ii) would be ineligible to join any of the amalgamating industrial organisations if the rules of those organisations were not widened. ˙ ‘Service of notice of objection ‘3.37 A person or industrial organisation filing a notice of objection mentioned in section 3.34 must serve a copy of it, within 7 days of the filing, on the relevant applicant that is specified for the purposes of section 3.27(1)(a). ˙ ‘Statement in reply ‘3.38(1) If a copy of a notice of objection has been served under section 3.37, the relevant applicants may jointly file in the Industrial Registrar’s Office a statement, signed by authorised officers of each applicant industrial organisation or association, that sets out the facts relied on in answer to the objection. ‘(2) A statement under subsection (1) must be filed not later than 14 days after service under section 3.37 of the copy of the notice of objection to which the statement in reply relates. ‘(3) The applicants that have filed a statement under subsection (1) must

16 Industrial Relations Amendment (No. 1) No. 223, 1993 serve a copy of it, within 7 days of the filing, on each party to the notice of objection. ˙ ‘Hearing of objections ‘3.39(1) The Commission when dealing with the application for a proposed amalgamation must— (a) fix a time and place for the hearing of the objections (if any) filed under section 13.73A of the Act in relation to the application; and (b) cause notice of the time and place to be served on the applicants and on each objector whose objection is to be heard at the hearing. ‘(2) The Commission may fix under subsection (1) separate hearings in relation to different objections. ‘(3) The Commission, in fixing a time under subsection (1)(a), must have regard to sections 3.37 and 3.38. ‘(4) At the hearing of an objection, the Commission may allow oral evidence to be given. ˙ ‘Applicants to be heard before an application may be refused under s.13.73B of the Act‘3.40 Before deciding to refuse to approve, under section 13.73B of the Act, the submission of an amalgamation to ballot, the Commission must give the applicants for the approval the opportunity to be heard. ˙ ‘Roll of voters—preparation ‘3.41 The roll of voters for a ballot of the members of an industrial organisation must— (a) be prepared at the direction of the electoral official conducting the ballot; and (b) set out opposite to the name of each person on the roll the postal address of the person; and (c) be finished not later than 14 days before the commencing day of the ballot.

17 Industrial Relations Amendment (No. 1) No. 223, 1993 ˙ ‘Roll of voters—inspection etc. ‘3.42(1) An electoral official conducting a ballot of the members of an industrial organisation must make the roll of voters for the ballot available during the specified period for inspection and copying. ‘(2) Members of the organisation, and persons authorised by the electoral official conducting the ballot, are entitled, during ordinary business hours at the place at which the official carries out the official’s duties in relation to the ballot— (a) to inspect the roll of voters for the ballot; and (b) to take copies of the roll or of parts of the roll. ‘(3) In subsection (1)— “specified period” means the period that— (a) starts on the day following the day on which the preparation, under section 3.41, of the roll of voters for the ballot is finished; and (b) ends 30 days after the declaration of the result of the ballot. ˙ ‘Form and publication of notice of ballot ‘3.43(1) If the Commission has fixed, under section 13.73C of the Act, the commencing day and the closing day of the ballot on a proposed amalgamation, the electoral official conducting the ballot must give notice of the fixing of the days to the members entitled to vote at the ballot. ‘(2) The electoral official may give the notice by post, newspaper advertisement or other reasonable means that the electoral official thinks necessary to ensure that the notice is brought to the attention of the members. ˙ ‘Conduct of ballot ‘3.44(1) The electoral official conducting a ballot of members of an industrial organisation may take action and give any directions that the official reasonably considers to be necessary for ensuring that no unlawful disclosure or other irregularity happens in relation to the ballot.

18 Industrial Relations Amendment (No. 1) No. 223, 1993 ‘(2) A person must not, without reasonable excuse, fail to comply with a direction given to the person under subsection (1). Maximum penalty— (a) in the case of an individual—10 penalty units; or (b) in the case of a body corporate—20 penalty units. ˙ ‘Scheme for amalgamation—Industrial Registrar to supply copies of documents ‘3.45 If an industrial organisation has applied for approval for the submission of an amalgamation to ballot, the Industrial Registrar must supply promptly to the Electoral Commission— (a) a copy of the scheme for amalgamation that was filed with the application; and (b) a copy of the outline of the scheme of amalgamation filed under section 13.63(2) of the Act; and (c) a copy of each statement filed under section 13.67 or 13.73E of the Act in relation to the proposed amalgamation; and (d) a copy of each amendment of, or document filed in substitution for, a document mentioned in paragraph (a), (b) or (c). ˙ ‘Scheme for amalgamation—electoral official to supply copies of documents on request ‘3.46 If— (a) the Electoral Commission has received 1 or more documents under section 3.45(a) or (b); and (b) a person entitled to vote at the ballot makes a written or oral request to the official for a copy of the document or of any of the documents; the electoral official conducting the ballot must supply promptly to the person that copy or those copies without charge.

19 Industrial Relations Amendment (No. 1) No. 223, 1993 ˙ ‘Duties of electoral official if ballot not conducted under s.13.73J of the Act‘3.47(1) If the Commission approves, under section 13.73I of the Act, a proposal for submission of a proposed amalgamation to a ballot that is not conducted under section 13.73J of the Act, an electoral official must— (a) fix the places, and the starting and finishing times, of the meetings of members at which the ballot on the proposal will be conducted; and (b) include in the notice given under section 3.43 in relation to the ballot details of— (i) the places and times fixed; and (ii) the procedure for obtaining and exercising an absentee vote in relation to the ballot; and (c) post to each person entitled to vote at the ballot, at the postal address of the person shown on the roll of voters— (i) a copy of the latest version (incorporating all subsequent amendments) of the outline of the relevant scheme for amalgamation filed under section 13.63(2)(b) of the Act; and (ii) a copy of the latest version (incorporating all subsequent amendments) of each statement filed under section 13.67(1) or 13.73E(2) of the Act; and (iii) notification of the entitlement of the person to obtain a copy of the relevant scheme for amalgamation filed under section 13.63(2)(a) of the Actor, if appropriate, of that scheme as amended or substituted, together with particulars of the place where, and the way in which, the copy may be obtained. ‘(2) Documents required to be posted under subsection (1) must be posted in sufficient time for them to be delivered, in the ordinary course of post, at least 7 days before the relevant commencing day. ˙ ‘Ballot papers—forms ‘3.48 The ballot paper for use in a ballot of the members of an industrial organisation in relation to the proposed amalgamation must—

20 Industrial Relations Amendment (No. 1) No. 223, 1993 (a) if the ballot does not contain an alternative provision—be in Form 27 of the Rules of Court; or (b) if the ballot does contain an alternative provision—be in Form 28 of the Rules of Court. ˙ ‘Issuing of ballot papers—attendance voting ‘3.49 In relation to a ballot of the kind mentioned in section 13.73I of the Act, an electoral official must issue to each person entitled to vote at the ballot a ballot paper that bears— (a) the initials of the electoral official; or (b) a facsimile of those initials. ˙ ‘Dispatch of ballot papers—secret postal ballots ‘3.50 As soon as practicable, but not earlier than 2 days before the commencing day of a ballot mentioned in section 13.73J of the Act, an electoral official must send to each person entitled to vote at the ballot a sealed envelope, addressed to the postal address of the person shown on the roll of voters, containing— (a) 1 ballot paper for the ballot that bears— (i) the initials of the electoral official; or (ii) a facsimile of those initials; and (b) any document the Act requires to be sent with the ballot paper; and (c) any other material the electoral official considers to be relevant to the ballot including, for example, directions or notes that will assist the person in complying with this regulation and in casting a valid vote; (d) an envelope, addressed to the electoral official, that may be posted without cost to the voter; and (e) details of the place where the person may obtain a copy of the relevant scheme for amalgamation filed under section 13.63(2)(a) of the Act or, if appropriate, of the scheme as amended or of a

21 Industrial Relations Amendment (No. 1) No. 223, 1993 subsequent scheme. ˙ ‘Duplicate ballot papers—attendance voting ‘3.51 If a voter at a ballot of the kind mentioned in section 13.73I of the Actsatisfies the presiding electoral official, before depositing the ballot paper in the ballot box, that the voter has accidentally spoilt the paper, the official must— (a) mark ‘spoilt’ on the paper; and (b) initial the paper where so marked and retain it; and (c) issue a fresh ballot paper to the voter. ˙ ‘Duplicate ballot paper etc.—postal voting ‘3.52(1) This section applies to a ballot paper or another document ( “ballot document” ) that was posted to a person under section 3.50 or for the purposes of section 13.73I(b)(vi) of the Act. ‘(2) An electoral official must issue promptly a duplicate of a ballot document to a person making written application under subsection (3) if the official is satisfied that the ballot document— (a) has not been received by the person; or (b) has been lost or destroyed; or (c) in the case of a ballot paper—has been spoilt. ‘(3) An application must— (a) be received by the official on or before the closing day of the ballot; and (b) set out the grounds on which the application is made; and (c) if practicable, be substantiated by evidence that verifies, or tends to verify, those grounds; and (d) contain a declaration to the effect that the person has not voted at the ballot; and (e) in a case mentioned in subsection (2)(c), be accompanied by the ballot paper.

22 Industrial Relations Amendment (No. 1) No. 223, 1993 ‘(4) An electoral official to whom a spoilt ballot paper is returned under subsection (3)(e) must deal with the paper in the way specified in section 3.51(a) and (b). ˙ ‘Manner of voting ‘3.53 A person voting at a ballot of the members of an industrial organisation in relation to a proposed amalgamation or proposed alternative amalgamation must record his or her vote on the ballot paper in accordance with the instructions on the ballot paper. ˙ ‘Custody of ballot papers ‘3.54(1) The electoral official conducting a ballot of the members of an industrial organisation must keep the ballot papers and other material relating to the ballot in safe custody until a scrutiny has been conducted under section 3.55. ‘(2) If, after the closing day of a ballot mentioned in section 13.73J of the Act, the electoral official receives envelopes that purport to contain ballot papers relating to the ballot, the official must keep them in safe custody. ˙ ‘Scrutiny ‘3.55(1) The electoral official conducting a ballot of the members of an industrial organisation must ascertain the result of the ballot by conducting a scrutiny under this section. ‘(2) As soon as practicable after the close of the ballot, the electoral official must— (a) admit the valid votes and reject the informal votes; and (b) count the valid votes, and record the number— (i) in favour of the proposal; and (ii) against the proposal; and (c) count the informal votes. ‘(3) In the case of a scheme for amalgamation that contains a proposed alternative provision, if the electoral official is satisfied that the result of the

23 Industrial Relations Amendment (No. 1) No. 223, 1993 ballot on the provision may be required to be known for the purposes of the Act, the official must— (a) admit the valid votes, and reject the informal votes, on the provision; and (b) count the valid votes, and record the number— (i) in favour of the provision; and (ii) against the provision; and (c) count the informal votes on the provision. ‘(4) Subject to subsection (5), a vote is informal only if— (a) the ballot paper does not bear— (i) the initials of an electoral official; or (ii) a facsimile of those initials; or (b) the ballot paper is marked in a way that permits the voter to be identified; or (c) the ballot paper is not marked in a way that makes it clear how the voter meant to vote; or (d) material mentioned in section 3.50(c) that is returned with the ballot paper does not comply with a direction given under that paragraph; or (e) the envelope addressed to the electoral official contains the ballot paper of another voter. ‘(5) A vote is not informal because of subsection (4)(a) if the electoral official is satisfied that the ballot paper in question is authentic. ‘(6) If the electoral official conducting the ballot is informed by a scrutineer that the scrutineer objects to a ballot paper being admitted as valid or rejected as informal, as the case may be, the official must— (a) decide whether the ballot paper is to be admitted as valid or rejected as informal; and (b) endorse that decision on the ballot paper and initial the endorsement. ‘(7) If the electoral official conducting the ballot is informed by a

24 Industrial Relations Amendment (No. 1) No. 223, 1993 scrutineer to the effect that, in the scrutineer’s opinion, an error has been made in the conduct of the scrutiny, the official must decide whether an error has been made and, if appropriate, the official must direct what action is to be taken to correct or mitigate the error. ˙ ‘Scrutineers ‘3.56(1) This section applies in relation to a ballot of the members of an industrial organisation on a proposed amalgamation and any proposed alternative amalgamation ( “amalgamation proposal” ). ‘(2) The committee of management of the industrial organisation may appoint members of the industrial organisation as scrutineers to safeguard the interests of the members who approve of the amalgamation. ‘(3) An appointment under subsection (2) must be made by instrument signed on behalf of the committee of management by an authorised officer of the organisation. ‘(4) If members of an industrial organisation have filed, under section 13.73E(2) of the Act, a written statement opposing an amalgamation proposal, the electoral official conducting the ballot must allow members of the industrial organisation to be scrutineers to safeguard the interests of members who disapprove of the proposal. ‘(5) A member may be a scrutineer under subsection (4) only if the electoral official is satisfied that the member represents those members who filed the statement opposing an amalgamation proposal. ‘(6) Subject to subsections (7), (8) and (9)— (a) a scrutineer may be present— (i) at the issue of ballot papers under section 3.49; and (ii) at the preparation and dispatch of ballot material under sections 3.47 and 3.50; and (iii) at the receipt of ballot material and placement of the material in safe custody under section 3.54; and (iv) at the scrutiny of ballot material under section 3.55; and (b) at a scrutiny under section 3.55— (i) if the scrutineer objects to a decision that a ballot paper is

25 Industrial Relations Amendment (No. 1) No. 223, 1993 valid or informal; or (ii) if the scrutineer considers that an error has been made in the conduct of the scrutiny; the scrutineer may inform the electoral official accordingly. ‘(7) At any time during the period of scrutiny— (a) the number of scrutineers appointed under subsection (2) and in attendance at the scrutiny; and (b) the number of scrutineers mentioned in subsection (4) and in attendance at the scrutiny; must not, in either case, be more than the number of electoral officials engaged on the scrutiny at that time. ‘(8) If a person appointed under subsection (2) fails to produce the person’s instrument of appointment for inspection by the electoral official conducting the ballot when requested by the official to do so, the official may refuse to allow the person to attend or act as a scrutineer. ‘(9) If a person— (a) is not entitled to be present, or to remain present, at the scrutiny; or (b) interrupts the scrutiny, otherwise than for the purpose of performing a function mentioned in subsection (6)(a) or (b); the electoral official conducting the ballot may direct the person to leave the place where the scrutiny is being conducted. ‘(10) A person who, without reasonable excuse, fails to comply with a direction given to the person under subsection (9) commits an offence. Maximum penalty—10 penalty units. ˙ ‘Certificate showing particulars of the ballot ‘3.57(1) Not later than 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing in relation to the ballot— (a) the total number of persons on the roll of voters; and

26 Industrial Relations Amendment (No. 1) No. 223, 1993 (b) the total number of ballot papers issued; and (c) if applicable, the total number of envelopes posted under section 3.50 or for the purposes of section 13.73I(b)(vi) of the Act that were returned undelivered by the closing date of the ballot to the Electoral Commission; and (d) the total number of ballot papers received by the official; and (e) the total number of votes in favour of the question set out on the ballot paper; and (f) the total number of votes not in favour of the question set out on the ballot paper; and (g) the total number of informal ballot papers. ‘(2) Subsection (1) does not apply in relation to a ballot that was conducted under section 13.73J(2) of the Actif, because of section 13.73J(4) of the Act, the electoral official conducting the ballot did not count the votes in the ballot. ‘(3) Immediately after signing a certificate mentioned in subsection (1), the electoral official must— (a) give the certificate to the Industrial Registrar; and (b) give a copy of the certificate to each of the industrial organisations concerned in the proposed amalgamation. ˙ ‘Preservation of ballot papers etc. ‘3.58 The Electoral Commission must retain all ballot papers and documents relating to the ballot— (a) if an application has been made under section 13.73M of the Actfor an inquiry in relation to the ballot—until the application has been disposed of; or (b) if paragraph (a) does not apply—until the end of the period within which applications may be made under section 13.73M of the Actfor an inquiry in relation to the ballot.

27 Industrial Relations Amendment (No. 1) No. 223, 1993 ˙ ‘Inquiry into ballot irregularity—application ‘3.59(1) An application to the Commission under section 13.73M(1) of the Act for an inquiry must be made in Form 29 of the Rules of Court. ‘(2) For the purposes of this Division, an inquiry is taken to have been instituted when an application is filed under subsection (1). ˙ ‘Inquiry into ballot irregularity—directions as to hearing ‘3.60 If an inquiry has been instituted, the Commission must fix a time and place for conducting the inquiry and may give any directions that the Commission determines to ensure that all persons who are, or may be, entitled to appear, or to be represented, at the inquiry are notified of the time and place fixed. ˙ ‘Inquiry into ballot irregularity—inspection of documents ‘3.61(1) If an inquiry has been instituted, the Commission may authorise, for the purposes of the inquiry, a person to inspect rolls of voters, ballot papers or other documents that have been used in connection with, or are relevant to, the ballot. ‘(2) A person must not hinder or obstruct a person carrying out an inspection authorised under subsection (1). Maximum penalty— (a) in the case of an individual—10 penalty units; or (b) in the case of a body corporate—20 penalty units. ˙ ‘Inquiry into ballot irregularity—procedure at hearing ‘3.62 Subject to section 8.17 of the Act, the Commission may allow any person to appear or be represented at an inquiry, and that person is taken to be a party to the proceedings. ˙ ‘Inquiry into ballot irregularity—interim orders in case of uncompleted ballot ‘3.63(1) At any time after an inquiry has been instituted and before the

28 Industrial Relations Amendment (No. 1) No. 223, 1993 Commission finds whether there has been an irregularity that may affect, or may have affected, the result of an uncompleted ballot, the Commission may— (a) order that no further steps are to be taken in the conduct of the ballot; and (b) make any order incidental or supplementary to an order under paragraph (a); and (c) vary or discharge an order under paragraph (a) or (b). ‘(2) An order under subsection (1) continues in force until the conclusion of the inquiry, unless the order— (a) is expressed to expire at some other time; or (b) is discharged before the conclusion of the inquiry. ‘(3) A person must not intentionally fail to comply with an order of the Commission under subsection (1). Maximum penalty— (a) in the case of an individual—10 penalty units; or (b) in the case of a body corporate—20 penalty units. ˙ ‘Public notification of amalgamation day ‘3.64(1) If the Commission has fixed, under section 13.73P(2) of the Act, a day as the day on which an amalgamation is to take effect, the Industrial Registrar must publish a notice of the fixing of the day in 1 or more newspapers so that, in the registrar’s opinion, the notice is likely to come to the attention of interested persons, including the members of the industrial organisations, and any associations, to be amalgamated. ‘(2) A notice published under subsection (1) is taken to be a notice published by the Commission for the purposes of section 13.73P(2) of the Act. ˙ ‘Registration of amalgamated organisations—prescribed particulars ‘3.65 For the purposes of section 13.73P(3)(a) of the Act, the following particulars in relation to a proposed amalgamated organisation are

29 Industrial Relations Amendment (No. 1) No. 223, 1993 prescribed— (a) the name of the proposed organisation; (b) the rules of the proposed organisation relating to eligibility for membership; (c) if the proposed organisation is registered in relation to a particular industry—a description of the industry. ˙ ‘Notification of decisions, ballots, etc.—additional means may be used ‘3.66 A requirement in this Division for a person to give notice, or to publish a notice, of a matter in a specified way does not preclude the person from giving or publishing additional notice of the matter by other reasonable means. ’. ˙ Amendment of s.3.48 (Certificates to be given in accounts) 6.(1) Section 3.48(1)(a)(iv)— omit ‘ regulation 3.46(b)(xiii) or (xiv) ’, insert ‘ section 3.69(b)(xiii) or (xiv) ’. (2) Section 3.48(1)(a)(v)— omit ‘ regulation 3.47(b)(vi) ’, insert ‘ section 3.70(b)(vi) ’. ˙ Amendment of s.3.49 (Information to be provided to members and Industrial Registrar) 7.(1) Section 3.49(2)(f)— omit ‘ regulation 3.46(a) ’, insert ‘ section 3.69(a) ’. (2) Section 3.49(2)(l) and (p)— omit ‘ regulation 3.46(b) ’, insert ‘ section 3.69(b) ’. ˙ Renumbering of ss.3.44–3.51 8. Sections 3.44 to 3.51— renumber as sections 3.67 to 3.74 respectively.

30 Industrial Relations Amendment (No. 1) No. 223, 1993 ENDNOTES 1. Made by the Governor in Council on 17 June 1993. 2. Notified in the Gazette on 18 June 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Employment, Vocational Education, Training and Industrial Relations. The State of Queensland 1993