Johanson v Queensland Teachers Union of Employees and Ruttiman (No. 2)

INDUSTRIAL REGISTRAR

CITATION:	Johanson v Queensland Teachers Union of Employees and Ruttiman (No. 2) [2025] QIRC 191
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 an election inquiry
DELIVERED ON: HEARING DATE:	28 July 2025 On the papers
MEMBER:	Industrial Registrar Shelley
ORDERS: CATCHWORDS:	Pursuant to s 690 of the Industrial Relations Act 2016, the application filed on 7 May 2025 will not be referred to the Commission to conduct an election inquiry as the elections are not an election for the Queensland Teachers Union of Employees registered under the Industrial Relations Act 2016. INDUSTRIAL LAW – QUEENSLAND – REGISTERED INDUSTRIAL ORGANISATIONS - Application for an election inquiry - Industrial Registrar may refer the application to the Commission - Preliminary issue for determination - Whether one or more of the three ballots that are the subject of the election is an "election" for the purposes of the Industrial Relations Act 2016 - Determined not to be an "election" in terms of the rules of the organisation - Whether application is one for referral to the Commission for an election inquiry - Not referred.
LEGISLATION AND OTHER INSTRUMENTS: CASES:	Industrial Relations Act 2016, s 595, s 597, s 599, s 687, s 688, s 689, s 690, s 802, s 817, Schedule 5 Fair Work (Registered Organisations) Act 2016 Queensland Teachers' Union of Employees Constitution and Rules, r 1.6, r 3.1(a), r 3.4, r 6.2 Rules of the Australian Education Union, r 2, r 7, r 21, r 30, r 31, Appendix A Hodge v The King [1907] HCA 68 Johanson v Queensland Teachers Union of Employees and Ruttiman [2025] QIRC 130

Reasons for Decision

Introduction

On 7 May 2025, 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 Australian Education Union (AEU) Federal Conference Delegates.
On 8 May 2025, the Queensland Teachers Union of Employees (First Respondent/QTU) filed in the Industrial Registry a Form 34 - Lawyer's notice of address for service and subsequently on 9 May 2025 filed in the Industrial Registry an application in existing proceedings seeking permission to be legally represented in this matter.
On 13 May 2025 I issued an Order granting leave for the First Respondent to be legally represented pursuant to s 530(1)(g)(i) of the Act.
In response to correspondence received from the Applicant on 15 May 2025 seeking an injunction against the ratifying AEU Federal Conference Delegate elections at the QTU May Council on 17 May 2025, I issued a notice of listing for a hearing to be held on 16 May 2025.
On 15 May 2025, Ms Kate Ruttiman (Second Respondent) advised the Industrial Registry that she did not wish to be heard in the matter and "…will abide by the decisions of the commission".
The hearing for interim orders was held on 16 May 2025 at which time the parties agreed that I did not have the power to issue the interim orders as sought. A decision was subsequently released on 21 May 2025[1].
[1] Johanson v Queensland Teachers Union of Employees and Ruttiman [2025] QIRC 130
On 19 May 2025, I issued a Directions Order requiring the Respondents to file written submissions in response (with any supporting material) by 2 June 2025 and for the Applicant to file written submissions in response to the Respondents submissions by 16 June 2025.
Following correspondence received from the Applicant on 26 May 2025 regarding the filing of additional affidavit and evidence, I issued a notice of listing for a Telephone Mention to be held on 27 May 2025. It was agreed by the parties that the preliminary issue being "whether one or more of the three ballots that are the subject of the Application in RIO/2025/83 is an 'election' for the purposes of s 690(1)(a) of the Industrial Relations Act 2016" should be determined in the first instance.
I issued a Further Directions Order (2) on 27 May 2025, following the Mention, as follows:
1.       That the previous Directions Order issued on 19 May 2024 (sic) is vacated.
2.       That the Respondents file in the Industrial Registry, and serve on all parties, written submissions (and any supporting material) they wish to be considered in relation to the Preliminary Issue by 4.00 pm on Friday 6 June 2025.
3.       That the Applicant file in the Industrial Registry, and serve on all parties, written submissions (and any further supporting material) she wishes to be considered in relation to the Preliminary Issue by 4.00pm on Friday 20 June 2025.
4.       The Registrar will determine as a preliminary matter the Preliminary Issue, being:
Whether one or more of the three ballots that are the subject of the Application in RIO/2025/83 is an "election" for purposes of s 690(1)(a) of the Industrial Relations Act 2016.
5.       The determination of the referral will be dealt with on the papers, unless otherwise advised.
Submissions were filed by the First Respondent as required by the Further Directions Order. On 13 June 2025 I granted an extension for the filing of the Applicant's submissions (and any supporting material) in relation to the preliminary issue until Monday 23 June 2025. Those submissions were filed by the due date.
The First Respondent's written submissions
The written submissions of the First Respondent are summarised as follows:
(a)     In Chapter 12 of the Act "election" means "an election for an office for an organisation or branch of an organisation" (s 595 of the Act).
(b)     An "office" for an organisation or branch of an organisation (each an industrial organisation) is defined in s 599 of the Act to mean presidential and secretarial roles, voting members of the management committee or other collective forum which manages the affairs, decides policy, makes or amends or enforces the rules of the industrial organisation. Correspondingly, an officer is a person who holds an office (s 595 of the Act).
(c)     An organisation is "a body registered under Chapter 12 as an organisation" (Schedule 5 of the Act).
(d)     A branch of an organisation means a constituent part of the organisation, however called, that has a management committee of officers (s 595 of the Act).
(e) Relevantly for the current matter, to be an "election" referred to in s 690 of the Act, a ballot must be:
(i)for an organisation that is registered under the Act, or for one of the organisation's constituent parts; and
(ii)for a position that manages the affairs, or decides or enforces the policy or rules of the organisation (or the constituent part).
(f)      The QTU is an organisation registered under the Act and governed by its registered rules.
(g)     The rules' structure the QTU in two Divisions into which members are allocated, and for the QTU's Biennial Conference and State Council to make or amend policies.
(h)     The QTU has adopted a policy titled "A structures procedures and services" which identifies:
(i)"17.1.2 in the event of a ballot for any AEU(Q)[2] Branch position, the QTU will determine which candidates are to be endorsed and supported by the QTU";
[2] AEU(Q) meaning the Queensland Branch of the AEU
(ii)"17.1.3 The candidates to be endorsed and supported by the QTU to the AEU(Q) Branch Delegation to Federal Conference shall be the QTU members endorsed for the position of AEU(Q) delegate to the AEU Federal Executive, plus additional members according to the AEU(Q) delegate entitlement to the AEU Federal Conference, elected biennially by the QTU Council";
(iii)"The candidate to be endorsed and supported by the QTU for election as the AEU(Q) Aboriginal and Torres Strait Islander Delegate to Federal Conference shall be elected biennially by QTU Council. The candidate shall be a First Nations member"; and
(iv)"The candidate to be endorsed as AEU(Q) TAFE Division delegate(s) to AEU Federal Conference shall be elected biennially by TAFE Council".

(i) That policy does not form part of the Rules.
(j) The AEU is an organisation registered under the Fair Work (Registered Organisations) Act 2016 and governed by its registered rules.

(k)     Those rules of the AEU establish the structure of that organisation, including the process for election to its Federal Conference.
(l)      By decision published on 21 May 2025 the Fair Work Commission (FWC) confirmed various elections for the AEU that are scheduled to be held later in 2025, and that arrangements for those elections will be made by FWC. Amongst those elections yet to be conducted are:
(i)     AEU(Q) Federal Conference Delegation (sic) (General Division);
(ii)     AEU(Q) Federal Conference Aboriginal and Torres Strait Delegate;
(iii)    AEU(Q) Federal Conference TAFE Division Delegate.

(m) Each of the three ballots are for a member of the QTU who is also a member of the AEU allocated to its Queensland Branch, to be endorsed by the QTU as a candidate in an AEU election for the AEU Federal Conference; in the case of the Applicant, the AEU(Q) delegation to the AEU Federal Conference - TAFE Division.
(n) Those positions are not offices of the QTU as they hold no position at all under the QTU Rules, and, in any case, are not positions which decide, amend or enforce rules and policies of the QTU.

(o) Because the three ballots are not for any offices of the QTU they cannot be "elections" as defined in Chapter 12 and relied upon in s 690 of the Act as the foundational element of the election inquiry process.

(p) Rather the three ballots:
(i) are held in reliance upon the structure Policy of the QTU;
(ii) identify who the QTU will endorse to nominate as candidates in elections to be held on behalf of the AEU;
(iii)those elections for the AEU are conducted under the Rules of the AEU under the jurisdiction and supervision of the FWC and Fair Work (Registered Organisations) Act 2016;
(iv)they have been held in advance of the commencement of the AEU election process;
(v) are in relation to an election process which has not yet commenced, in which any relevant member of the AEU is entitled to nominate for one of the AEU positions in question; and
(vi) they are not elections for offices of the QTU and are not elections contemplated by s 690 of the Act.

The Applicant's written submissions

On 23 June 2025 the Applicant filed in the Industrial Registry written submissions in response. Those submissions are summarised as follows:
(a)     Statutory interpretation is required with regards to Chapter 12 of the Act to determine "election", "office holders", "branch", "organisation".
(b)     If the Australian Electoral Commission (AEC) solely conducted "an election for AEU Federal Conference Delegates", then this Election Inquiry Application would not be necessary.
(c)     Unfortunately, contrary to Queensland legislation, the QTU does conduct contested elections for AEU Federal Conference delegates.
(d)     The QTU has not published an AEC election notice for AEU election as the QTU General Secretary, in breach of state and federal rules, does not publish AEC election notices in the QTU journal, as required. It is an improper act regarding elections under QTU Rule 3.3(a)(iii).
(e)     The failure of the QTU to publish AEC election notices invokes the Hodge v The King[3] definition of "election", and renders any AEC election as "no election held".
[3] Hodge v The King [1907] HCA 68
(f)      The QTU General Secretary "is" the Returning Officer for an AEU Federal Conference delegate election. This breaches section 817 of the Act.
(g)     An "election" for officeholders of a branch of the QTU has been conducted that meets the definition of the Act.
(h)     AEU Federal Conference is the supreme decision-making body for the AEU and AEU Federal Conference delegates hold office on the collective body that makes rules and policies for AEU, including the QTU.
(i)      AEU(Q) is the federal branch of the QTU. The federal branch can also be referred to as the federal counterpart.
(j)      Elections for AEU officeholders are exempt but only if conducted by the AEC, as per s 802 of the Act.
(k)     According to QTU Rule 1.2(a), (d), (e) and (n), the rules of the QTU are subservient to the AEU.
(l)      QTU Rules have been certified by the Queensland Industrial Relations Commission (Commission).
(m)   Any argument that an election is merely conducted in accordance with QTU Policy cannot be accepted. QTU Policy has successfully circumvented QTU Rules, AEU Rules, and the Act for over 20 years.
(n)     An election inquiry is required to determine if the conducting of AEU Federal Conference delegate elections, by the QTU, is an irregularity.
(o) As per s 690 of the Act, the Registrar may refer an election inquiry where there are reasonable grounds.
(p)     Prompt referrals of Election Inquiry Applications are necessary because, only the Commission can make injunctive interim orders under s 692 of the Act.
(q)     Had this Election Inquiry Application been referred to the Commission, prior to May State Council, then an injunction preventing the QTU conducting AEU Federal Conference General Division delegate elections could have been issued by the Commission, and the AEC election could then have occurred without interference by the QTU, as the QTU would have been forced to publish an AEC election notice for the first time in over 20 years.
(r) Section 687 of the Act means that there are already checks and balances in the Act before the Commission conducts an Election Inquiry Application.
(s)     Where there are reasonable grounds, so called "novel areas of law" are best left to the Commission to determine.
(t)      This election inquiry application should be referred to the Commission.

The relevant provisions of the Act

Section 687 of the Act provides:
687 Commission may conduct election inquiry
The commission may, on an application referred to it by the registrar under this part, conduct an inquiry (election inquiry) about a claimed irregularity in an election.
Section 688 of the Act provides:
688 Who may apply
An application for an election inquiry may be made only by –
(a)a financial member of the organisation in which the election was conducted; or
(b)a person who was a financial member of the organisation within 1 year before the application is made.
Section 689 of the Act provides:
689     Requirements for application
The application -
(a)may be filed only during the period that -
(i)starts on the day the information, prescribed by regulation, for the election is filed under section 669(1); and
(ii)ends -
(A)6 months after the election has ended; or
(B)if the registrar, on application, allows the application to be filed before a later stated day - on the later stated day; and
(b)must state -
(i)       the election for which the application is made; and
(ii)      the irregularity that is claimed to have happened; and
(iii)the facts relied on to support the application; and
(c)must be accompanied by an affidavit by the applicant stating the facts claimed in the application are true to the best of the applicant's knowledge and belief.

Section 690 of the Act provides:
690Referral to commission
(1) The 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.
(2)In deciding whether to refer the application, the registrar may consider other relevant information of which the registrar has knowledge.
(3)An election inquiry is taken to have been started in the commission when the application is referred.
Section 595 of the Act defines "election" as:
election means an election for an office for an organisation or branch of an organisation.
That section of the Act also defines "branch" as:
branch, of an organisation, means a constituent part of the organisation, however called, that has a management committee or officers.
Section 597 of the Act defines the meaning of "counterpart federal body" with respect to Chapter 12 of the Act:
597 Meaning of counterpart federal body for ch 12
(1)In this chapter, a federal organisation or a branch or part of a federal organisation (federal body) is a counterpart federal body of an organisation (State body) if -
(a)a substantial number of members of the State body are -
(i)members or eligible to be members of the federal body; or
(ii)engaged in the same work, in aspects of the same work or in similar work as members of the federal body; or
(iii)employed in the same or similar work by employers engaged in the same or similar industry as members of the federal body; or
(iv)engaged in work or in industries for which there is a community of interest between the federal body and the State body.
(b)there is an agreement in force under the Commonwealth Registered Organisations Act, section 151, between the federal body and the State body.
(2)If subsection (1)(a) or (b) applies to more than 1 State body for the same federal body, the federal body is a counterpart federal body of each of the State bodies.
Section 599 outlines the meaning of "office" within Chapter 12 of the Act:
599 Meaning of office for ch 12
In this chapter, office, for an organisation, branch of an organisation or applicant for registration (each an industrial organisation) means -
(a)the office of president, vice president, secretary or assistant secretary of the industrial organisation; or
(b)the office of a member of the management committee of the industrial organisation; or
(c)the office of a voting member of any other collective body that may do any of the following -
(i)manage the affairs of the industrial organisation;
(ii)decide the policy of the industrial organisation;
(iii)make, amend or repeal the rules of the industrial organisation;
(iv)enforce the rules of the industrial organisation; or
(d)an office for which the holder may under the rules of the industrial organisation manage the organisation's affairs and enforce its rules, other than a holder only taking part under directions of a collective body or other person to put into effect -
(i)the organisation's existing policy; or
(ii)decisions concerning the organisation; or
(e)an office for which the holder may under the industrial organisation's rules decide the organisation's policy and make, amend or repeal its rules; or
(f)the office of a person holding, whether as trustee or otherwise, the property of the industrial organisation or property the organisation has a beneficial interest in.
Consideration

As agreed by the parties, the primary issue for determination is:

"Whether one or more of the three ballots that are the subject of the Application in RIO/2025/83 is an 'election' for the purposes of s 690(1)(a) of the Industrial Relations Act 2016."

Those ballots relate to the following positions:

·        AEU (Queensland Branch) Federal Conference Delegate (General Division);
·        AEU (Queensland Branch) Federal Conference Aboriginal and Torres Strait Delegate; and
·        AEU (Queensland Branch) Federal Conference TAFE Division Delegate.

Submissions by both parties agreed that the AEU is a registered organisation under the Fair Work (Registered Organisations) Act 2009 and is governed by its registered rules.
Federal Rules
The rules of the AEU are registered with the FWC and were last approved on 9 August 2023 with the Queensland Branch of the Federal Branch rules approved on 17 December 2013. Both rule books/amendments were approved by the General Manager of the FWC and are available on the FWC's website[4].
[4] 'AEU Current Rules', Fair Work Commission (Web page) < type="1">
Definitions within the AEU Rules are outlined in rule 2, with the following definitions being noted:
"Federal Rules"
The rules of the Union including the Federal Branch Rules.
"Federal Branch Rules"
The Rules of the Union which a Branch is able to amend pursuant to these Rules.
"Branch Rules"
The Rules made by a Branch for the regulation and government of a Branch other than Federal Branch Rules [emphasis added]
…
"office" has the same meaning as defined by section 9 of the Fair Work (Registered Organisations) Act 2009.
"officer" has the same meaning as defined by section 6 of the Fair Work (Registered Organisations) Act 2009.[5]
[5] Rules of the Australian Education Union, pages 1 and 2
Rule 7 of the AEU rules outlines the federal organisation divisions.
7 - FEDERAL ORGANIZATION - DIVISIONS

(1) There shall be established within the Union a Division comprised of persons other than persons whose eligibility for membership derives from those parts of Federal Rule 5 relating to technical and further education. This Division shall be known as the General Division.

(2) There shall be established within the Union a Division comprised of persons whose eligibility for membership derives from those parts of Federal Rule 5 relating to technical and further education and the category covered by Rule 5(4)(f) and those members in the category covered by Rule 5(4)(a) who are employed in the Adult Migrant Education Service and those members covered by Rule 5(7)(b) who are engaged in adult migrant education and those members covered by Rule 5(7)(c). This Division shall be known as the TAFE Division.[6]

[6] Rules of the Australian Education Union, page 14

Further, rule 21 of the AEU rules outlines the branches of the federal organisation as follows:

21 - FEDERAL ORGANISATION - BRANCHES

(1) There shall be the following branches of the Union:
(a)The Australian Education Union Queensland (Qld.) Branch.
(b)The Australian Education Union Western Australian (WA) Branch.
(c)The Australian Education Union South Australian (SA) Branch.
(d)The Australian Education Union Victorian (Vic) Branch
(e)The Australian Education Union New South Wales Teachers Federation (NSWTF) Branch.
(f)The Australian Education Union Tasmanian (Tas) Branch.
(g)The Australian Education Union ACT Branch.
(h)The Australian Education Union Northern Territory (NT) Branch.[7].
[7] Rules of the Australian Education Union, page 24

The federal rules for the election of Federal Conference Delegate Divisions (General, Aboriginal and Torres Strait and TAFE) are outlined at rule 30 which states:
30 - ELECTION OF FEDERAL DELEGATES
(1)      The Federal Branch Rules of each Branch shall make provisions for the election of Federal Conference Delegates representing the General Division and subject to subrule 9 provided the Branch is entitled to elect Federal Conference Delegates representing the TAFE Division, provision for the election of Federal Delegates representing the TAFE Division.
Federal Conference Delegates representing the General Division shall be elected by and from the financial members of the Branch in the General Division. Federal Conference Delegates representing the TAFE Division shall be elected by and from the financial members of the Branch in the TAFE Division.
…
(4)      At each election of Federal Delegates for a Division, all financial members of the Union attached to the Branch assigned to that Division, as at the close of the roll of voters for the ballot, are eligible to vote in that election. The roll of voters is to be closed seven days before the day on which nominations open.
…
(8)     The election of the position of the Aboriginal and Torres Strait Islander Federal Delegate shall be in accordance with the relevant Federal Branch Rules for election of federal delegates except that the member being nominated and the nominators must be Aboriginal or Torres Strait Islander members.[8]
[8] Rules of the Australian Education Union, pages 35 and 36
Further at rule 31 of the AEU rules, it is stated:
31 - FEDERAL RULES IN RELATION TO BRANCHES
(1) The Rules of the Union in relation to the various Branches of the Union shall be as provided for in the various respective appendices to these Rules (herein referred to as the Federal Branch Rules).[9]
[9] Rules of the Australian Education Union, page 37

Federal Branch Rules

Federal Branch Rules in relation to the Queensland Branch can be found within Appendix A and Schedule A of the AEU's rules. Appendix A outlines the relevant Federal Branch Rules relating to election of Federal Delegates:

10 - ELECTION OF FEDERAL DELEGATES

(1) This rule is subject to rule 30 of the Federal Rules.
(2) The Branch Returning Officer shall conduct an election of Federal Delegates to Federal Conference each two years or at such sooner time as the Federal Returning Officer shall notify him/her as is necessary for filling a casual or extraordinary vacancy or increased entitlement pursuant to Rule 24 of the Federal Rules.

QTU Rules

The QTU is a registered organisation under the Act, with its original registration and rules approved by the Commission on 2 May 1917.

The current set of rules was registered in the Industrial Registry on 16 April 2024 following an application for rule amendment.

Rule 1.6 of the QTU rules provides for dual membership with the AEU allowing the QTU to make an application for membership of the AEU in accordance with this rule on behalf of any financial member of the QTU who is eligible for membership of the AEU.[10]
[10] Queensland Teachers' Union of Employees Constitution and Rules, page 3

Rule 3.1(a) of the QTU rules states that the supreme control of the Union shall be vested in the Conference and Council.[11]
[11] Queensland Teachers' Union of Employees Constitution and Rules, page 10

Rule 3.4 outlines the interpretation of terms as follows:

The Union - The Queensland Teachers' Union
…
The Rules - The Constitution and Rules of the Queensland Teachers' Union of Employees.[12]

[12] Queensland Teachers' Union of Employees Constitution and Rules, page 12

Rule 6.2 provides for the electorates for positions within the QTU[13]:
[13] Queensland Teachers' Union of Employees Constitution and Rules, page 16

(a)      President
(b)      Vice-Presidents (2 - 1 Fulltime and 1 Honorary)
(c)      General Secretary
(d)      Deputy General Secretaries (2)
(e)      Council Representatives for each branch
(f)      Council Representatives from TAFE Division
(g)      Council Representatives from Area Councils
(h)      Conference Delegate for each branch
(i)      Conference Delegates from TAFE Division
(j)      Conference Delegates from Area Councils
(k)      Branch TAFE Branch President, Branch Vice President and Branch Secretary
(l)      Area Council President, Vice-President and Secretary
(m)     Trustee
(n)      Executive
(o)      Executive from TAFE Division
(p)      TAFE Executive Committee
(q)      Branch delegates to Area Council x 2

Prescribed information has been filed in the Industrial Registry for elections held during 2023, 2024 and 2025 and those elections were undertaken by the Electoral Commission Queensland pursuant to s 670 of the Act.

Exemptions for organisations with counterpart federal bodies

Section 802 of the Act outlines the requirements regarding exemptions from holding elections if federal elections are held:

802 Exemption if federal election held
(1)An organisation, or 2 or more organisations jointly, may apply to the registrar for an exemption from holding an election for a stated office or offices or the organisation or organisations (stated office).

(2)The registrar may grant the exemption only if satisfied as follows -
(a)the applicant has a counterpart federal body;
(b)the counterpart federal body has held an election (the federal election) for an office (the federal office) under the Commonwealth Registered Organisations Act;
(c)the applicant's rules provide the stated office is a corresponding office to the federal office;
(d)the stated office will be filled by a person (the elected person) elected in the federal election to the federal office;
(e)if the eligibility rules of the applicant and the counterpart federal body differ - the interests of the applicant's members who were ineligible to vote in the federal election have not been disadvantaged.

I have examined the QTU records held by the Industrial Registry. No applications were filed by the QTU seeking an exemption from election as a counterpart federal body nor for the appointment of a returning officer under s 817 of the Act.

Further upon examination of the registered QTU rules, I am satisfied that there are no rules that provide for the stated offices (noted at paragraph [35]) being a corresponding office to the federal office.

The Federal Election

As previously outlined in the submissions of the First Respondent, the AEU Deputy Federal Secretary filed with the General Manager of the FWC, on 24 April 2025, prescribed information for elections of offices within the various branches. Those offices for the Queensland Branch included amongst others:

·        Federal Conference Delegates representing the General Division (total number and number of female delegates to be determined in accordance with the rules);
·        Federal Conference Delegates representing the TAFE Division (number to be determined in according with the rules); and
·        Aboriginal and Torres Strait Islander Federal Conference Delegate (number to be determined in accordance with the rules).

The Deputy Federal Secretary, within the prescribed information application, outlined:
As per Rule 30(2), Subject to the next sub-rule, the elections shall be conducted in accordance with a timetable which permits the declaration of the election on or before 31 October prior to the date on which the Federal Delegates assume office.

The decision of the delegate of the General Manager of the FWC made on 21 May 2025 states that on 29 April 2025 that they are making arrangements for the conduct of the election by the Australian Electoral Commission of the positions outlined in the application for prescribed information filed by the AEU and as outlined in paragraph [40] of this decision.

Conclusion

Although the AEU and the QTU could be considered counterpart federal bodies pursuant to s 597 of the Act, the requirements for election exemptions under s 802 of the Act require the rules of the QTU to reflect those arrangements. The rules of the QTU do not provide for elections of offices to the AEU (Queensland Branch). Nor do the rules reflect that the AEU/AEU (Queensland Branch) is a counterpart federal body.
The QTU and the AEU (Queensland Branch) are two very separate entities. The QTU wears "two hats" per se, one as the State registered industrial organisation and the other as the AEU (Queensland Branch).
After considering all material and submissions filed by both the Applicant and the First Respondent, the elections for positions of the AEU (Queensland Branch) Federal Conference Delegate (General Division); AEU (Queensland Branch) Federal Conference Aboriginal and Torres Strait Delegate and AEU (Queensland Branch) Federal Conference TAFE Division Delegate, are not offices as outlined within the QTU rules and therefore are not elections for positions within the QTU as a registered industrial organisation under Chapter 12 of the IR Act.
As these are not elections for positions within the QTU rules, I cannot be satisfied, as required by s 690 of the Act, that this matter should be referred to the Commission for an election inquiry.

Order

I make the following order:

Pursuant to s 690 of the Industrial Relations Act 2016, the application filed on 7 May 2025 will not be referred to the Commission to conduct an election inquiry as the elections are not an election for the Queensland Teachers Union of Employees registered under the Industrial Relations Act 2016.

[2025] QIRC 191

28 July 2025 On the papers