Re Master Plumbers' Association of Queensland Union of Employers

[2016] QIRC 19

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Re Master Plumbers' Association of Queensland Union of Employers [2016] QIRC 019
PARTIES:	THE MASTER PLUMBERS' ASSOCIATION OF QUEENSLAND - UNION OF EMPLOYERS (Applicant)
CASE NO:	RIO/2015/133
PROCEEDING:	Application to amend an eligibility rule
DELIVERED ON:	16 February 2016
HEARING DATES:	16 February 2016
MEMBER:	Deputy President O'Connor
ORDERS:	The Commission approves, pursuant to s 474 of the Industrial Relations Act 1999, an eligibility rule amendment to the rules of Master Plumbers' Association of Queensland Union of Employers by amending Rule 6 by inserting the word "Gas" after the word "Plumbing" and before the words "or Mechanical Services Business".
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 was no objection to the proposed amendment - Application allowed.
CASES:	Industrial Relations Act 1999, s 474 Industrial Relations Regulation 2011, s 18 Industrial Relations (Tribunals) Rules 2011, r 198
APPEARANCES:	Ms P. Cornah for the Applicant.

Decision from the bench

1. This is an application by Kevin Slade, being the President of the Master Plumbers' Association of Queensland, Union of Employers, seeking to amend the eligibility rule of the said union. The application is made in accordance with s 474 in the Industrial Relations Act 1999 ("the Act") and r 198 of the Industrial Relations (Tribunals) Rules 2011. The applicant is a union of employers registered under the Act.

2. The object of the amendment is to amend Rule 6 of the Rules of the Master Plumbers' Association of Queensland Union of Employers.

3. Rule 6 currently provides as follows:

   Ordinary Members of the Association shall comprise of those individuals, partnerships, companies or other legal entities carrying on a bona fide Plumbing, or Mechanical Services Business engaged in any section of the plumbing industry.

4. It is proposed that Rule 6 be amended by inserting the word "Gas" after the word "Plumbing" and before the words "or Mechanical Services Business".

5. The amended Rule 6 would provide as follows:

   Ordinary Members of the Association shall comprise of those individuals, partnerships, companies or other legal entities carrying on a bona fide Plumbing, Gas or Mechanical Services Business engaged in any section of the plumbing industry.

6. I am satisfied that in accordance with s 474(1) of the Act, the amendment has been proposed under the organisation'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 474(3) 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.

7. I am satisfied the applicant has complied with the requirements contained in s 18 of the Industrial Relations Regulation 2011. There is no objection to the proposed amendment and in accordance with the Act I grant approval for the amendment to the eligibility rules, as sought in the application to the Commission of 10 December 2015, and the operative date of the amendment will be 16 February 2016.

   Orders

8. I make the following orders:

1.The Commission approves, pursuant to s 474 of the Industrial Relations Act 1999, an eligibility rule amendment to the rules of Master Plumbers' Association of Queensland Union of Employers by amending Rule 6 by inserting the word "Gas" after the word "Plumbing" and before the words "or Mechanical Services Business".