Johanson v Queensland Teachers Union of Employees and Ruttiman

[2025] QIRC 130

INDUSTRIAL REGISTRAR

CITATION:

Johanson v Queensland Teachers Union of Employees and Ruttiman [2025] QIRC 130

PARTIES:

Johanson, Madonna
(Applicant)

v

Queensland Teachers Union of Employees
(First Respondent)

and

Ruttiman, Kate
(Second Respondent)

CASE NO:

RIO/2025/83

PROCEEDING:

Application for interim orders

DELIVERED ON:

HEARING DATE:

21 May 2025

16 May 2025

MEMBER:

Industrial Registrar Shelley

ORDERS:

CATCHWORDS:

The authority to issue the interim orders sought by the Applicant lies beyond the powers conferred upon the Industrial Registrar.

INDUSTRIAL LAW – QUEENSLAND – REGISTERED INDUSTRIAL ORGANISATIONS - application for an election inquiry including interim orders– interim orders sought not within jurisdiction of Industrial Registrar.

LEGISLATION:

Industrial Relations Act 2016, s 687, s 690, s 692, s 696, s 697

Industrial Relations (Tribunal) Rules 2011

Reasons for Decision

1. On 7 May 2024, Ms Madonna Johanson (Applicant) filed in the Industrial Registry an application for an election inquiry pursuant to s 687 of the Industrial Relations Act2016 (the Act) with regards to three elections for the Australian Education Union (Queensland Branch) (AEU) with ballots due to be held on 17 May 2025.  The application also included a request for final orders for an injunction in accordance with s 697 of the Act.

2. A notice of listing was sent to the parties on 15 May 2025 setting the matter down for a hearing on 16 May 2025. The notice advised the parties that the hearing was scheduled for the purpose of discussing the request of the Applicant for interim orders.

3. Mr David Quinn, of Holding Redlich, appeared as legal representative for the Queensland Teachers Union of Employees (First Respondent).  It was noted on the record that Ms Kate Ruttiman (Second Respondent) did not make an appearance.  I was, however, subsequently informed by the Industrial Registry that an email had been received on 15 May 2025 from Ms Ruttiman, advising that she did not wish to be heard and that she "…will abide by the decisions of the commission".

4. The Applicant was requested to provide submissions regarding the source of the Industrial Registrar's power, in accordance with the Act, to make an interim order.

5. The Applicant submitted the decision sought was outlined in the application as follows:

   (a)      an order making appropriate directions under rule 41 of the Industrial Relations (Tribunal Rules) 2011;

   (b)      an order in the nature of injunctions requiring the QTU to disclose the eligible roll of voters at the date of 7 February 2025, 7 days before nominations opened;

   (c)      an order restraining the QTU from taking any steps to conduct elections at State Council on 17 May 2025, for positions of Federal Conference delegates, until such time as the referral from the Industrial Registrar is heard and determined by the Commission;

   (d)      an order restraining the QTU from ratifying the Federal Conference election result from TAFE Council on 22 March 2025;

   (e)      an order restraining the QTU from ratifying any Federal Conference delegates on 17 May 2025;

   (f)      such further or interim or interlocutory orders or directions as the Commission thinks fit.

1. The following further submissions were provided by the Applicant in support of her request for interim orders that:

   ·        the interim orders were being sought under ss 696 and 697 of the Act;

   ·        as the request for interim orders was outlined in the originating application, there was no requirement for the Applicant to file a separate application;

   · in accordance with ss 687 and 690 of the Act, the Applicant can seek interim orders;

   ·        in accordance with s 692 of the Act, after the Industrial Registrar refers the application, the Commission may make an interim order stopping any further steps to conduct the election;

   ·        the Industrial Registrar make a direction in accordance with rr 41 or 43 of the Industrial Relations (Tribunals) Rules 2011.

2. The Applicant was given an opportunity to outline the relevant provision of the Act upon which the Industrial Registrar has the power to make interim orders. It was conveyed to the Applicant that an election inquiry involves a two-step process whereby, in accordance with s 690 of the Act, the Industrial Registrar may refer the application to the Commission only if satisfied:

   (a)      there are reasonable grounds to inquire whether there has been an irregularity in the election that may have affected, or may affect, the election result; and

   (b)      the circumstances justify an election inquiry.

1. The Applicant was unable to identify the relevant provision of the Act or Rules, and conceded that interim orders could only be made by the Commission once the Industrial Registrar refers the application. 

1. It was submitted on behalf of the First Respondent that they concurred with the concession made by the Applicant that the Industrial Registrar does not have the power to issue the interim orders as sought and further that the Rules provide only for the issuing of Directions Orders relating to the conduct of the proceedings.

2. Having duly considered all submissions, and for the reasons articulated above,  I concur with the parties that I do not have the jurisdiction to grant the interim orders sought by the Applicant in the application filed on 7 May 2025.  The authority to issue such orders lies beyond the powers conferred upon me as the Industrial Registrar under the Act.

1. Further Directions Orders have been issued with regards to the substantive application for an election inquiry.