Queensland Master Builders Association, Industrial Organisation of Employers
[2016] QIRC 74
•14 July 2016
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Queensland Master Builders Association, Industrial Organisation of Employers [2016] QIRC 074 |
PARTIES: | THE QUEENSLAND MASTER BUILDERS ASSOCIATION - INDUSTRIAL ORGANISATION OF EMPLOYERS |
CASE NO: | RIO/2016/32 |
PROCEEDING: | Application to amend an eligibility rule |
DELIVERED ON: | 14 July 2016 |
HEARING DATE: | 14 July 2016 |
MEMBER: | Industrial Commissioner Black |
ORDERS: | The Commission approves, pursuant to s 474 of the Industrial Relations Act 1999, an eligibility rule amendment to the rules of the Queensland Master Builders Association Industrial Organisation of Employers by effecting various amendments to Rule 8 (Membership). |
| CATCHWORDS: | INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL ORGANISATIONS - APPLICATION TO AMEND AN ELIGIBILITY RULE - Where the applicant is a union of employers registered under the Industrial Relations Act 1999 - Where the application was validly made - Where there is no other organisation to which a new member might conveniently belong - Where there was no objection to the proposed amendment. |
| CASES: | Industrial Relations Act 1999, s 474 |
| APPEARANCES: | Mr M. Belfield for the Applicant. |
Report on Decision
This matter was subject to a hearing on 14 July 2016. The decision of the Commission, which was issued from the bench, was to allow the eligibility rule amendment in the form applied for. There was no objection to the proposed amendment. Pursuant to s475 of the Industrial Relations Act 1999 ("the Act"), the operative date for the amendment is the date of decision viz 14 July 2016.
The application had been lodged by Nick Herron and Peter Shriek, being the President and Vice President respectively, of the Queensland Master Builders Association, Industrial Organisation of Employers (QMBA). The applicant is a union of employers registered under the Act. The application sought to amend rule 8 (Membership) in the manner set out in Addendum A to this report on decision. The application was made in accordance with s 474 of the Act and r 198 of the Industrial Relations (Tribunals) Rules 2011.
While the applicant did not contemplate that the proposed new rule would expand the coverage of the organisation, a technical reading of the application surfaced the possibility. In the circumstances it was necessary to determine whether s 474(1) precluded grant of the application.
In this regard the Commission was satisfied that that there was no organisation to which any new member of the QMBA could conveniently belong that would effectively represent them in a way consistent with the objects of the Act. The Commission was also satisfied, pursuant to s 474(1) of the Act, that the amendment had been validly made under the organisation's rules.
Order
The Commission makes the following order:
1.The Commission approves, pursuant to s 474 of the Industrial Relations Act 1999, an eligibility rule amendment to the rules of the Queensland Master Builders Association, Industrial Organisation of Employers by amending Rule 8 as follows:
(a) Delete rule title “Membership” and rename “Members”;
(b) Delete existing eligibility rules 8.1 and 8.2 and insert new eligibility rules 8.1 to 8.16 as detailed in Addendum A to this report on decision;
(c) Renumber existing rules 8.3 to 8.19 to 8.17 to 8.35.
Addendum A
Amendment to Rules
(a)Delete rule title “Membership” and rename “Members”.
(b)Delete existing eligibility rules 8.1 and 8.2 and insert new eligibility rules 8.1 to 8.16.
(c)Renumber existing rules 8.3 to 8.19 to 8.17 to 8.35.
New Rules 8.1 to 8.16
8. Members
8.1 Membership
The Members of the Association are the employers (being persons, partnerships, corporations, body corporates, statutory bodies/authorities and organisations) that were members of the Association immediately prior to the end of the general meeting at which this Constitution was adopted, and such other employers (being persons, partnerships, corporations, body corporates, statutory bodies/authorities and organisations) as the Board admits to membership in accordance with this Constitution.
8.2
All those employers (being persons, partnerships, corporations, body corporates, statutory bodies/authorities and organisations) that apply for membership during the period following the adoption of this Constitution by Members and the approval by the Registrar and Member of the Industrial Relations Commission, will be deemed Members of the Association on the approval of this Constitution by the Member of the Industrial Relations Commission.
8.3
Membership of the Association shall be unlimited in number.
8.4 Membership of the Association shall consist of 2 classes of membership of the Association, comprised of Voting Members and Non-Voting Members.
8.5
The Voting Members comprise the following categories:
(a) Builder Member; and
(b) Trade Contractor Member.
8.6
The Non-Voting Members comprise the following categories:
(a) Retired Members;
(b) Life Members;
(c) Associates; and
(d) Students.
Builder Member
8.7
Builder Member means a person who holds a current contractor licence in a builder category under the Queensland Building and Construction Commission Act 1991 in the State of Queensland and has applied for and been granted membership of the Association in accordance with this Constitution.
8.8
An applicant admitted to membership in the class of a Builder Member shall be entitled to use the term on all correspondence and other material. All other Members may state that they are a member of the Association but not use the term ‘Master Builder’.
8.9
At the date of adoption of this Constitution, all persons, partnerships, corporations, body corporates, statutory bodies/authorities and organisations that were Master Builder members of the Association immediately prior to the end of the general meeting at which this Constitution was adopted will become Builder Members.
Trade Contractor Member
8.10
A Trade Contractor Member means a person who holds licence under the Queensland Building and Construction Commission Act 1991 in the State of Queensland and carries out work within the building and construction industry in the State of Queensland and has applied for and been granted membership of the Association in accordance with this Constitution.
8.11
At the date of adoption of this Constitution, all persons, partnerships, corporations, body corporates, statutory bodies/authorities and organisations that were Contractor Members of the Association immediately prior to the end of the general meeting at which this Constitution was adopted will become Trade Contractor Members.
Retired Member
8.12
Retired Member means an individual who is not currently active in the building and construction industry and is no longer commencing any new projects, and has applied to have their Builder Member of Trade Contractor Member status changes, after complying with the process as determined by the Board from time to time and been granted membership in accordance with this Constitution.
Life Member
8.13
Life Member means an individual who has given exceptional service to the Association or building and construction industry and is elected to that position, after complying with the process as determined by the Board from time to time and been granted membership in accordance with this Constitution.
Associates Member
8.14
Associates Member means a person, who is ineligible for membership of the Association, but whose activities are associated with the work carried on by Voting Members (including a principal or a member of a building and construction industry profession or trade or professional consultant), who has applied for and been granted membership of the Association in accordance with this Constitution.
Student Member
8.15
Student Member means an individual who is undertaking an apprenticeship, training course or study in a field which will qualify or equip such person to become a Builder Member or Trade Contractor Member, and has applied for and been granted membership of the Association in accordance with this Constitution.
Eligibility for Membership
8.16
Membership is open to any person who:
(a) demonstrates to the satisfaction of the Board that he or she is supportive of or has a bona fide interest in the achievement of the objects of the Association;
(b)demonstrates the standard of behaviour expected of a person to retain the licence held by the applicant (which licence enables the person to be eligible for membership to the Association);
(c)reads the Code of Conduct and declares in writing that they agree to be bound by the Code of Conduct and Constitution;
(d) completes, signs and lodges an Application for Membership and lodges it with the Secretary of the Association, together with such other supporting information as may be required by the Board;
(e) pays the Entrance Fee and Membership Fee, if any, which has been prescribed by the Board to be paid at the time of lodging the Application for Membership, and
(f) is accepted to membership by the Board.
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