Re Application filed by The Australian Workers' Union of Employees, Queensland
[2020] QIRC 198
•19 November 2020
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Re Application filed by The Australian Workers' Union of Employees, Queensland [2020] QIRC 198 |
PARTIES: | The Australian Workers' Union of Employees, Queensland |
CASE NO: | RIO/2020/196 |
PROCEEDING: | Application |
DELIVERED ON: | 19 November 2020 |
HEARING DATE: | 16 November 2020 |
MEMBER: HEARD AT: | Dwyer IC Brisbane |
ORDER: | 1. The Commission approves, pursuant to s 662 of the Industrial Relations Act2016, amendments to the eligibility rules of the Australian Workers' Union of Employees, Queensland. 2. The amendments are to take the form as described in the Application filed in the Industrial Registry on 6 August 2020. 3. The operative date of the amendments will be the date of this order. |
| CATCHWORDS: | INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL ORGANISATIONS – APPLICATION TO AMEND ELIGIBILITY RULES – Where the applicant is an employee organisation - Where the application was validly made under the organisation's rules |
LEGISLATION: | Industrial Relations Act 2016, s 662 Industrial Relations Regulation 2018, s 17 Industrial Relations (Tribunals) Rules 2011, r 198 |
| APPEARANCES: | Mr J. Harding for the Applicant |
Reasons for Decision
The Australian Workers' Union of Employees, Queensland ("AWUEQ") applies to amend its eligibility rules pursuant to s 662 of the Industrial Relations Act 2016 ("the Act") and r 198 of the Industrial Relations (Tribunals) Rules 2011.
On 11 February 2020, the proposed amendments were dealt with at a meeting of the Executive of the AWUEQ and the result was that the proposed resolution was carried.
On 6 August 2020, the Applicant filed an application ("the Application) in the Industrial Registry, seeking to amend the eligibility rules of the AWUEQ in accordance with the amendments passed by the Executive.
In accordance with s 17(3) of the Industrial Relations Regulation 2018 ("Regulation") on 17 August 2020, the AWUEQ published in a newspaper, The Courier Mail, a Notice of the proposed amendment of its eligibility rules. Further, and in accordance with s 17(5) of the Regulation, the AWUEQ served a copy of the Notice on the relevant industrial organisations.
No notices of objection have been filed by any other industrial organisation.
The proposed amendment
The application seeks to remove Rule 8 of the present rules titled 'Retired and Incapacitated Members'. Rule 8 is then replaced with three subsequent rules being Rules 8, 9 and 10. The amended Rule 8 is titled 'Unemployed and Incapacitated Members' and allows the union to provide exemption of payment of levies to members if they are unemployed or not fit to work. Rule 9 titled 'Retired Members' allows eligibility for retired members to become honorary members and to pay a certain amount determined by Rule 20 or 22. Rule 10 titled 'Honorary Members' outlines the rights of these honorary members.
The following table sets out (and highlights) the proposed amendments sought:
Current Registered Rule Proposed New Rule 8. RETIRED AND INCAPACITATED MEMBERS
Subject to the payment of the appropriate membership contribution provided for at Rule 20, membership tickets having the word 'Rule 8' printed thereon shall be issued under this Rule by the Secretary or District Secretaries, under the following provisions, to any member of the Union who has been a continuous financial member for the preceding 5 years.
(a) Who is 60 years of age or over and who is retired from permanent full time employment and who is not earning the Queensland Minimum Wage; or
(b) Who is permanently incapacitated and unable to participate in permanent full time employment.
Provided that the person making the application for a Rule 8 ticket shall make a Statutory Declaration to the effect that he or she is retired or permanently incapacitated and is no longer in permanent full time employment and is not earning the Queensland Minimum Wage.
8. UNEMPLOYED AND INCAPACITATED MEMBERS
Subject to the payment of the appropriate membership contribution provided for at Rule 20, membership tickets having the word 'Rule 8' printed thereon shall be issued under this Rule by the Secretary or District Secretaries, under the following provisions, to any member of the Union who is off worked for a period exceeding three months and is receiving less than 75% of their normal rate of pay through:
a. unemployment; or
b. not being fit for work due to illness, injury or accident not covered by the relevant workers' compensation system.
may make an application to the Secretary or District Secretary for exemption from payment of contributions and levies for the period of his or her absence from work, and only the Secretary may grant such exemption if satisfied of the bona fides of such application.
Any member who has been exempted from payment of contributions under this Rule for a period of twelve months, shall then commence to pay the sum determined by the Rule 20 and Executive from time to time. Failing such payment, the member shall cease to be entitled to hold or contest any position or Office in the Union or to any benefits of membership. The membership shall be allowed the benefit of this Rule for the period of twelve months immediately after the first twelve months' total exemption.
Members receiving workers' compensation benefits will pay the amount determined by the Executive from time to time.
9. RETIRED MEMBERS
A member is entitled to become an honorary retired member of the Union if:
a. They have retired from working;
b. they were a financial member of the Union when they retired; and
c. the Secretary has approved their application.
Notwithstanding the above, where in the event of an amalgamation, any member or class of members of a Trade Union or organisation amalgamating with this Union is, as at the date of amalgamation, exempt from paying contributions to that other union, such exemption shall apply to their membership of this Union.
Honorary retired members pay the contributions determined by Rule 20 and the Executive from time.
10. HONORARY MEMBERS
An honorary retired member who was a member of the Union when they retired from working can remain a member, be included on the membership registrar and is entitled to vote in elections if they were an Officer of the Union.
In all other cases, a retired person can pay the honorary contribution set by the Executive from time to time and is entitled to the benefits approved by the Executive for an honorary retired member – but cannot be included on the membership registrar and is not entitled to vote in elections.
I am satisfied that in accordance with s 662(1) of the Act, the amendment has been proposed under the AWUEQ's rules and that there is no organisation to which its members could conveniently belong that would effectively represent them in a way consistent with the objects of the Act. The provisions of s 662(2) of the Act upon which the Commission may refuse to approve an amendment to the eligibility rule have not been identified in these proceedings and are therefore not enlivened.
Accordingly, I approve the Application to amend the eligibility rules, with the operative date of the amendment being the date of this order.
Order
1. The Commission approves, pursuant to s 662 of the Industrial Relations Act2016, an amendment to the eligibility rules of the Australian Workers' Union of Employees, Queensland.
2. The amendment is to take the form as described in the Application filed in the Industrial Registry on 6 August 2020.
3. The operative date of the amendment will be the date of this order.
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