Re National Retail Association Limited, Union of Employers
[2018] QIRC 90
•11 July 2018
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Re National Retail Association Limited, Union of Employers [2018] QIRC 090 |
PARTIES: | NATIONAL RETAILERS ASSOCIATION LIMITED, UNION OF EMPLOYERS |
CASE NO: | RIO/2018/72 |
PROCEEDING: | Application to amend an eligibility rule |
DELIVERED ON: | 11 July 2018 |
HEARING DATES: | 11 July 2018 |
MEMBER: | O'Connor DP |
ORDERS: | 1. The Commission approves, pursuant to s 662 of the Industrial Relations Act 2016, an eligibility rule amendment to the rules of the National Retail Association Limited, Union of Employers by deleting existing Rule 7.0 and inserting in lieu thereof a new Rule 7.0 in the following terms: "Any person, firm or company which is an employer or other person carrying on business in the retail trading industry, which includes any trade, business or undertaking in or allied with the business of shopkeepers, storekeepers or sellers by retail of articles, goods, materials, services or provisions of any kind, including quick sale items, shall be eligible for membership. Provided that the Association is eligible to represent members only within the State in which it had been registered as a State-registered association immediately before its recognition as a transitionally recognised association (i.e. Queensland)." |
| 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 2016 - Where the application was validly made - Where there was no objection to the proposed amendment - Application allowed. |
| LEGISLATION: | Industrial Relations Act 2016, s 662 |
| APPEARANCES: | Mr A Millman with Ms D Lamb for the Applicant |
Decision (ex tempore)
This is an application by the National Retail Association Limited, Union of Employers, seeking to amend the eligibility rule of the said union. The application is made in accordance with s 662 in the Industrial Relations Act 2016 ("the Act") and r 198 of the Industrial Relations (Tribunals) Rules 2011. The applicant is a union of employers registered under the Act.
The proposed amendment of Rule 7.0 of the Rules of the National Retail Association Limited, Union of Employers is part of a wider amendment to the rules of the applicant in order to make an application for registration as an organisation under the Fair Work (Registered Organisations) Act 2009. The proposed amendment provides a greater restriction on those individuals and entities who may be admitted to membership of the applicant.
The existing rule 7.0 does not require a member to have any connection to the retail industry with admission to membership at the discretion of the Board. The proposed amendment requires that in order to gain admission to membership, the person, firm or company must carry on a business which is engaged, or allied with, the retail industry.
The second limb of the proposed rule is taken from Rule 1.13 of Schedule 1 of the Fair Work (Registered Organisations) Regulations 2009 and is inserted in order to comply with the provisions of s19 of the Fair Work (Registered Organisations) Act 2009.
Rule 7.0 currently provides as follows:
7.0 ELIGIBILITY
The subscribers to the Memorandum of Association and such other persons as the Board may admit to membership shall be members of the Association.
It is proposed that the existing Rule 7.0 be deleted and inserted in lieu thereof the following new Rule 7.0:
7.0 ELIGIBILITY FOR MEMBERSHIP
Any person, firm or company which is an employer or other person carrying on business in the retail trading industry, which includes any trade, business or undertaking in or allied with the business of shopkeepers, storekeepers or sellers by retail of articles, goods, materials, services or provisions of any kind, including quick sale items, shall be eligible for membership.
Provided that the Association is eligible to represent members only within the State in which it had been registered as a State-registered association immediately before its recognition as a transitionally recognised association (i.e. Queensland).
I am satisfied that in accordance with s 662(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 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.
I am satisfied the applicant has complied with the requirements contained in s 17 of the Industrial Relations Regulation 2018. There is no objection to the proposed amendment. Accordingly, I grant approval for the amendment to the eligibility rules, as sought in the application to the Commission of 24 April 2018, and the operative date of the amendment will be the date of this order.
Orders
I make the following orders:
1. The Commission approves, pursuant to s 662 of the Industrial Relations Act 2016, an eligibility rule amendment to the rules of the National Retail Association Limited, Union of Employers by deleting existing Rule 7.0 and inserting in lieu thereof a new Rule 7.0 in the following terms: "Any person, firm or company which is an employer or other person carrying on business in the retail trading industry, which includes any trade, business or undertaking in or allied with the business of shopkeepers, storekeepers or sellers by retail of articles, goods, materials, services or provisions of any kind, including quick sale items, shall be eligible for membership.
Provided that the Association is eligible to represent members only within the State in which it had been registered as a State-registered association immediately before its recognition as a transitionally recognised association (i.e. Queensland)."
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