Re: Queensland Cane Growers' Association Union of Employers
[2015] QIRC 104
•29 May 2015
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Re: Queensland Cane Growers' Association Union of Employers [2015] QIRC 104 |
PARTIES: | Queensland Cane Growers' Association Union of Employers |
CASE NO: | RIO/2015/29 |
PROCEEDING: | Orders about invalidity or its effects |
DELIVERED ON: | 29 May 2015 |
HEARING DATE: | 28 May 2015 |
MEMBER: | Industrial Commissioner Fisher |
ORDERS: | The orders sought in the Application pursuant to s 615 of the Act are granted. |
| CATCHWORDS: | INDUSTRIAL RELATIONS ACT 1999 - APPLICATION FOR DECLARATION AND ORDERS ABOUT INVALIDITY - invalidities occurred since 1999 - notification of appointment of a returning officer - filing audit report and relevant accounts - orders sought - constitution of executive council - all acts, matters and things done by executive council be declared valid - audit reports and relevant accounts be treated as having validly been made - financial reports be treated as having validly been made since 1999 - application seeking new rules be treated as validly made - declaration made invalidities happened - application for orders granted. |
| CASES: | Industrial Relations Act 1999, s 613, s 615 |
| APPEARANCES: | Mr W.J. Turner, Turner IR Qld Pty Ltd and with him Mr R. Mullins and Ms K. Tooney for the Applicant. |
Decision
On 28 May 2015 I gave an extemporaneous decision granting the application filed by the Queensland Cane Growers' Association Union of Employers and said that written reasons for the decision would follow. These are those reasons.
This is an application (as amended) by Paul Anthony Schembri, President of the Association and being duly authorised by the Association seeking the following relief:
1. A declaration pursuant to s 613 of the Industrial Relations Act 1999 that:
(a)Invalidities have occurred in relation to the appointment by the Association of a Returning Officer for the years 1999 to 2014 inclusive.
(b)Invalidities have occurred in relation to the notification by the Association to the Industrial Registrar of the appointment of a Returning Officer since 1999.
(c)Invalidities have occurred in relation to filing a copy of the Association's audit report and relevant accounts for each of its financial years since 1999.
(d)Invalidities have occurred in relation to filing a certificate by the President of the Association stating the originals of the report and accounts were presented to a general meeting or management committee of the Association since 1999.
2. An order pursuant to s 615 of the Act in the following terms:
(a)The Executive Council of the Association shall, from the date of this order until an election is held in 2016, be constituted by the persons set out in Application dated 14 May 2015.
(b)All acts, matters and things done purportedly on behalf of the Association by members of the Executive Council of the Association since 1999 are, to the date of this order, declared valid acts, matters or things done on behalf of the Association.
(c)That the audit reports and relevant accounts for the Association for each financial year since 1999 be treated as having validly been made.
(d)That the certificate by the President of the Association in relation to financial reports being presented to a general meeting or management committee of the Association be treated as having validly been made since 1999.
(e)That the application filed in the Industrial Registry seeking a new set of rules be treated as having validly been made.
Affidavit of Paul Anthony Schembri
An affidavit was filed by Paul Anthony Schembri, current Chairman of the Association who was appointed to the position on 5 June 2013 at a meeting of the Executive Council of the Association.
Mr Schembri said it was brought to the attention of the Association in early 2013 that there were apparent irregularities in relation to the Rules of the Association in respect of compliance with the provisions of the Act and other relevant industrial relations legislation.
The following resolution was subsequently carried by the Executive Council of the Association at its meeting on 5 June 2013:
"That the Queensland Canegrowers' Association, Union of Employers (QCGA) Executive Council take such steps, including amendments to the Association's rules, as are necessary to comply with industrial relations legislation."
Representatives of the Association were advised by the staff of the Industrial Registry there were a considerable number of its registered Rules that did not comply with relevant industrial relations legislation. In particular the procedure for the election of officers, financial record-keeping and accountability and the lodgment of documents in the Industrial Registry as required.
As a result of these discussions the Association filed an application for a new set of Rules which are intended to remove all irregularities in respect of non-compliance with the Act and other relevant industrial relations legislation. Mr Turner said that were the Orders sought by the application to be granted then the proposed new rules would be treated as having validly been made and could be progressed.
Object of the Application
The object of the Application is to remedy the invalidities that have occurred, to change the effects of the invalidities and to validate any act, matter or thing rendered invalid by the said invalidities.
Declaration of invalidities
Section 613 provides that the Commission may decide whether an invalidity has happened as follows:
613 Commission may decide
(1)The commission may, on application, decide whether an invalidity has happened in -
(a)the management or administration of an organisation's affairs; or
(b)the election or appointment of an officer of an organisation; or
(c)the making, amending or repealing of a rule of an organisation.
(2)In deciding the application, the commission may declare whether or not an invalidity has happened.
The affidavit of Mr Schembri admits the invalidities as set out in the application have occurred. Having considered the contents of that affidavit, the Commission so decides that invalidities have happened in the management or administration of the affairs of the Association as set out in paragraph 1 of the application and paragraph [2] of this decision.
The application also seeks that the Commission make a declaration to that effect pursuant to s 613(2). In the circumstances the Commission so declares.
Orders
Having so decided and declared that such invalidities have happened the Commission must then consider s 615 of the Act which enables the Commission to make an order remedying the effects of the invalidity. That section provides:
615 Orders about effects of invalidity
(1)This section applies if, on the hearing of the application, the commission declares an invalidity has happened.
(2)The commission may make an order it considers appropriate to -
(a)remedy the invalidity or to cause it to be remedied; or
(b)change or prevent, or cause to change or prevent, the effects of the invalidity; or
(c)validate an act, matter or thing made invalid by or because of the invalidity.
(3)The commission may also make another order consequential to an order under subsection (2).
(4)The commission must not make an order under this section if the order would cause substantial injustice to -
(a) the organisation that the invalidity concerns; or
(b) a member or creditor of the organisation; or
(c) a person dealing with or who has dealt with the organisation.
The orders sought by the Association are set out in the application, and, except for the names of the persons constituting the Executive Council of the Association, are set out in paragraph [2] of this decision. Having read the affidavit of Mr Schembri and heard the submissions of Mr Turner, the Commission considers all orders sought are appropriate to be made in the circumstances of this case.
Evidence was given by Mr Ronald Mullins, the Acting Chief Executive Officer of the Association about the matters raised in s 615(4). He stated, and the Commission is satisfied by his evidence, that if made, the orders would not cause substantial injustice to any of the persons mentioned in s 615(4) of the Act or to the Association.
The orders are to take effect as and from 27 May 2015.
The Registrar will be advised of this decision.
Order accordingly.
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