Queensland Services, Industrial Union of Employees v Logan City Council
[2018] QIRC 3
•12 January 2018
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | Queensland Services, Industrial Union of Employees v Logan City Council [2018] QIRC 003 |
PARTIES: | Queensland Services, Industrial Union of Employees v Logan City Council (Respondent) |
CASE NO: | D/2017/69 |
PROCEEDING: | Application by Respondent seeking leave to be legally represented |
DELIVERED ON: | 12 January 2018 |
HEARING DATES: | 31 October 2017 (Mention) |
HEARD AT: | Decision on the Papers |
MEMBER: | Deputy President Swan |
| ORDERS | 1. The Respondent's Application seeking leave to be legally represented is dismissed. |
| CATCHWORDS: | INDUSTRIAL DISPUTE - ARBITRATION OF AN INDUSTRIAL DISPUTE - Respondent seeking leave to be legally represented - Leave not granted - For matters before the Commission, leave may only be granted in certain circumstances see s 530 - This matter does not fall under any of the "relevant matters" mentioned in s 530. |
| CASES: | Industrial Relations Act 1999 |
| APPEARANCES: | Mr R. Beer of the Logan City Council. |
Decision
After a Conference regarding this Dispute (Matter D/2017/69 on 12 September 2017), this matter was referred by the Member of the Commission to arbitration on 12 September 2017 pursuant to s 262(3)(b) of the Industrial Relations Act 2016 (the Act).
A Mention of this matter was held before the Commission as currently constituted, on 31 October 2017.
At that time, a range of issues were considered including the Logan City Council (the Respondent), seeking to make an Application to be legally represented. The Queensland Services, Union of Employees (the Applicant) rejected that Application.
The Applicant advised the Commission that it had on the day prior to the Mention, notified the Respondent and its lawyers (Gadens Lawyers) that legal representation would be opposed by the Applicant.
A discussion ensued as to whether the parties would prefer to have the entire matter determined "on the papers" by the Commission. Ultimately, given that witness evidence would be given, it was determined to hear the matter formally before the Commission.
To expedite matters, the parties were requested to submit their position on legal representation "on the papers" to the Commission.
Section 530 of the Act "Legal Representation" states:
(1)A party to proceedings, or person ordered or permitted to appear or to be represented in the proceedings, may be represented by a lawyer only if -
…
(d)for other proceedings before the commission, other than the full bench -
(i)all parties consent; or
(ii) for a proceeding relating to a matter under a relevant provision - the commission gives leave;
…
(7)In this section -
relevant provision, for a proceeding before the commission other than a full bench means -
(a)chapter 8; or
(b)section 471; or
(c)chapter 12, part 2 or 16."
Chapter 8 concerns "Rights, responsibilities of employees, employers, organisations etc".
The matter before the Commission does not involve consideration of Chapter 8.
Section 471 relates to "Power to amend or declare void contracts". There has been no application of s 471 of the Act in this matter.
Chapter 12, Part 2 relates to registration applications for registered organisations. This is not a matter relevant to this Application.
Chapter 12, Part 16 relates to deregistration of industrial organisations. This is not relevant for the purposes of this Application.
As submitted by the Applicant, "the Respondent does not meet the criteria specified in the Act to be permitted legal representation", that claim is correct.
There is no ability for the Commission in this matter to determine otherwise, notwithstanding the complexity of the matter, as claimed by the Respondent.
The Application made by the Respondent to be legally represented in the hearing of this matter is denied.
The substantive matter will proceed to hearing on 15 February 2018.
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