Master Grocers Australia Ltd and Queensland Retail Traders and Shopkeepers Association (Industrial Organization of Employers) v National Retail Association Limited, Union of Employers

[2015] QIRC 81

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

Master Grocers Australia Ltd and Queensland Retail Traders and Shopkeepers Association (Industrial Organization of Employers) v National Retail Association Limited, Union of Employers [2015] QIRC 081

PARTIES:

Master Grocers Australia Ltd

and

Queensland Retail Traders and Shopkeepers Association (Industrial Organization of Employers)
(Joint Applicants)

v

National Retail Association Limited, Union of Employers
(Respondent)

CASE NO:

B/2015/9

PROCEEDING:

Application to dismiss TH/2014/23

DELIVERED ON:

11 May 2015

HEARING DATE: 

4 May 2015

MEMBERS:

Deputy President Bloomfield
Deputy President Kaufman
Industrial Commissioner Thompson

ORDER:

The Application is dismissed.

CATCHWORDS:

INDUSTRIAL LAW - APPLICATION TO DISMISS - TRADING HOURS - Application to unify trading hours in SEQ - Application to dismiss - Whether similar application made previously - No decision made in relation to similar application - Application to dismiss refused.

CASES:

Industrial Relations Act 1999, s 274
Trading (Allowable Hours) Act 1990, s 27

APPEARANCES:

Mr C. Dorber, Agent for Master Grocers Australia Ltd and Queensland Retail Traders and Shopkeepers Association (Industrial Organization of Employers), Joint Applicants.
Mr J. Franken, for the National Retail Association Limited, Union of Employers, Respondent.
Mr D. Gaffy, for Shop, Distributive and Allied Employees Association (Queensland Branch) Union of Employees.
Mr J. Harding, for The Australian Workers' Union of Employees, Queensland.

Reasons for Decision
(Decision delivered orally on 4 May 2015)

1. Master Grocers Australia Ltd (MGA), an industrial organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth), and Queensland Retail Traders and Shopkeepers Association, Industrial Organization of Employers (QRTSA), have jointly made application under section 27 of the Trading (Allowable Hours) Act 1990 (the Act) that Matter No. TH/2014/23 be dismissed or, alternatively, the Queensland Industrial Relations Commission (the Commission) should refrain from further hearing or determining that matter.

1. Relevantly section 27 of the Act provides:

"27    Summary dismissal of application

If the industrial commission is of opinion that—

(a)a decision has previously been made upon an application similar to that before it, and there is insufficient reason to warrant reconsideration of the matter; and

(b)having regard to the interests of the industrial organisations, other persons, or other organisations immediately concerned, and of the community as a whole, further proceedings are not necessary or desirable;

the industrial commission may dismiss, or refrain from further hearing or determining, an application made for an order under section 21 or 22(1)."

1. Leaving aside the issue of whether either of the joint applicants has standing to make an application under section 27 of the Act (which it is not necessary to decide at this time), it seems to us that the application to dismiss can be dealt with in short order.

2. From the submissions of the participants in the present proceedings, it is abundantly clear that the provisions of section 27(a) of the Act have not been enlivened. There has not been any previous decision in relation to subject matter which is similar to that which is before the Commission in Matter No. TH/2014/23. Indeed, such point is conceded by
   Mr Dorber, who represented the joint Applicants.

1. Accordingly, in circumstances where the pre-requisite provisions have not been met, the application by MGA and QRTSA under section 27 cannot succeed and must be dismissed.

2. We order accordingly.