Re Master Plumbers' Association of Queensland (Union of Employers)
[2023] QIRC 57
•21 February 2023
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Re Master Plumbers' Association of Queensland (Union of Employers) [2023] QIRC 057 |
PARTIES: | Master Plumbers' Association of Queensland (Union of Employers) (Applicant) |
CASE NO: | RIO/2022/283 |
PROCEEDING: | Application to amend eligibility rule |
DELIVERED ON: | 21 February 2023 |
HEARING DATE: | 21 February 2023 |
MEMBER: HEARD AT: | O'Connor VP Brisbane |
ORDER: | 1. The Commission approves, pursuant to s 662 of the Industrial Relations Act 2016, eligibility rule amendments to the rules of the Master Plumbers' Association of Queensland (Union of Employers). 2. The amendments are to take the form as described in the Application filed in the Industrial Registry on 21 December 2022. 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 a union of employers registered under the Industrial Relations Act 2016 - where the application was validly made - where no objections - application approved. |
LEGISLATION: | Industrial Relations Act 2016, s 662 |
| APPEARANCES: | Ms P Cornah for the Applicant. |
Reasons for Decision
The Master Plumbers' Association of Queensland (Union of Employers) ('MPAQ') ('the Applicant') has filed an application to amend its eligibility rules pursuant to s 662 of the Industrial Relations Act 2016 ('the IR Act') and r 198 of the Industrial Relations (Tribunal Rules) 2011 ('the IR Rules'). The Applicant is a union of employers registered under the IR Act.
In accordance with s 17(3) of the Industrial Relations Regulation 2018 ('the Regulation') on 6 January 2023 the Applicant 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 aforementioned Regulation, on 9 January 2023 the Applicant served a copy of the Notice on each organisation whose callings include the callings of the Applicant's members or relate to the Applicant's eligibility rules.
In her affidavit of 11 January 2023, Ms Penelope Cornah, Executive Director of MPAQ deposed that a copy of the notice of the eligibility rule amendment application was served on the relevant organisations. Copies of such correspondence were attached to her affidavit.
The proposed amendments
Briefly the proposed amendments seek changes to the life membership category for life members to include all the rights and privileges of membership once members have ceased to own or have a financial interest (directly or indirectly) in any Plumbing, Gas‑fitting, Drainage, Roofing or Mechanical Services contractor and their membership shall not require them to pay any subscriptions or levies for so long as they remain a Member and continue not to have any such interest. Further, Council may also resolve, in its absolute discretion, that a person who is already a Life Member who does own or have a financial interest in (directly or indirectly) a Plumbing, Gas-fitting, Drainage, Roofing or Mechanical Services business, may be exempted from the requirement to pay subscriptions or levies and shall be considered a financial member.
In addition, the Applicant proposes several grammatical corrections to the eligibility rules.
Resolutions in relation to the proposed amendments to the constitution and the life membership category were passed and unanimously approved at the MPAQ Council meeting on 16 August 2022 and confirmed at the Management Committee Meeting on 14 October 2022. At the Annual General Meeting on 29 November 2022 the following relevant section of the Notice of Motion of the Proposed Rule Changes was unanimously approved, '[t]hese rule changes are about making our constitution more contemporary to fit the needs of the Association'.[1]
[1] Exhibit C to Application, Affidavit of Kent Vickers, President of the MPAQ affirmed 15 December 2022.
The following table sets out (and highlights) the proposed amendments.
| Current Registered Rule | Proposed New Rule | |
| 6. MEMBERSHIP | ||
| (1) The Association shall consist of all members of the Association on the day on which these Rules come into force and all persons, firms and companies shall be admitted to membership of the Association in accordance with these Rules provided that such member, or their nominated representatives, shall not be a member of any organisation of employees. Membership shall comprise of: | (1) The Association shall consist of all Members of the Association on the day on which these Rules come into force and all persons, firms and companies shall be admitted to membership of the Association in accordance with these Rules provided that such Member, or their nominated representatives, shall not be a member of any organisation of employees. Membership shall comprise of: | |
| (a) ORDINARY MEMBERS … | (a) ORDINARY MEMBERS … | |
| (b) LIFE MEMBERS With a view to recognising exceptional services to the Association, which have been given over a long period of time, the Association may elect such Members as Life Members. Life Members shall have all the rights and privileges of membership without subscriptions or levies. Life Members shall be elected on the recommendation of the Council and shall be elected at the Annual General Meeting or Special General Meeting. | (b) LIFE MEMBERS With a view to recognising exceptional services to the Association, which have been given over a long period of time, the Association may elect such Members as Life Members. Life Members shall have all the rights and privileges of membership and once they have ceased to own or have a financial interest in (directly or indirectly) any Plumbing, Gas-fitting, Drainage, Roofing or Mechanical Services contractor, their membership shall not require them to pay any subscriptions or levies for so long as they remain a Member and continue not to have any such interest. The Council may also resolve, in its absolute discretion, that a person who is already a Life Member who does own or have a financial interest in (directly or indirectly) a Plumbing, Gas-fitting, Drainage, Roofing or Mechanical Services business, may be exempted from the requirement to pay subscriptions or levies. Life Members shall be elected on the recommendation of the Council and shall be elected at the Annual General Meeting or Special General Meeting and shall be considered Financial Members for the purposes of these Rules notwithstanding that they may not be required to pay any subscriptions or levies | |
| (c) MERITORIOUS SERVICE MEMBERS With a view to recognising outstanding service to a Division or to the Association over a significant period of time, the Association may elect such member as Meritorious Service Members, | (c) MERITORIOUS SERVICE MEMBERS With a view to recognising outstanding service to a Division or to the Association over a significant period of time, the Association may elect such Members as Meritorious Service Members. | |
| (c) MERITORIOUS SERVICE MEMBERS … … Meritorious Service Members shall be entitled to all rights and privileges of membership subject to payment of appropriate subscription. | (c) MERITORIOUS SERVICE MEMBERS … … Meritorious Service Members shall be entitled to all rights and privileges of membership subject to payment of appropriate subscriptions. | |
Consideration
I am satisfied that in accordance with s 662(1) of the IR Act, the amendments have been proposed under the organisation's rules and that there is no organisation to which its members to whom the amendment would apply 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 IR 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 present application to amend the eligibility rules, with the operative date of the amendments being the date of this order.
Order
1. The Commission approves, pursuant to s 662 of the Industrial Relations Act 2016, eligibility rule amendments to the rules of the Master Plumbers' Association of Queensland (Union of Employers).
2. The amendments are to take the form as described in the Application filed in the Industrial Registry on 21 December 2022.
3. The operative date of the amendments will be the date of this order.
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