Re Queensland Hotels Association, Union of Employers
[2016] QIRC 4
•9 November 2015
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Re Queensland Hotels Association, Union of Employers [2016] QIRC 004 |
PARTIES: | QUEENSLAND HOTELS ASSOCIATION, UNION OF EMPLOYERS |
CASE NO: | RIO/2015/122 |
PROCEEDING: | Application for orders about invalidity |
DELIVERED ON: | 9 November 2015 |
HEARING DATES: | 9 November 2015 |
MEMBER: | Deputy President O'Connor |
ORDERS: | 1. This Commission makes a declaration pursuant to s 613 of the Industrial Relations Act 1999 that invalidities have occurred as set out in the decision below. 2. This Commission makes orders pursuant to s 615 of the Industrial Relations Act 1999 as set out in the decision below. |
| CATCHWORDS: | INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL ORGANISATIONS - APPLICATION FOR ORDERS ABOUT INVALIDITY - Where the Applicant is a Union of employers registered under the Industrial Relations Act 1999 – Where the Applicant seeks a declaration pursuant to s 613 that invalidities have occurred in relation to its election – Declaration made – Where the Applicant seeks orders remedying the effects of the invalidities pursuant to s 615 – Orders made – Application granted. |
| CASES: | Industrial Relations Act 1999, ss 613, 615 |
| APPEARANCES: | Mr J. O'Connor of the Queensland Hotels Association, Union of Employers. |
Decision from the bench
This is an application by Thomas Harrington McGuire, being the president of the Queensland Hotels Association, Union of Employees, seeking certain orders pursuant to ss 613 and 615 of the Act. 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."
On the affidavit material that is presented before me by Mr McGuire, I am satisfied that invalidities have occurred. In so deciding, I therefore declare that the invalidities have happened in relation to the management and administration of the Queensland Hotels Association, Union of Employees, as set out in the application.
Having declared that such invalidities have occurred, the commission is required under s 615 of the Act, which enables the commission to make an order remedying the effects of any invalidity, to make such an order. Section 615 of the Act provides as follows:
"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) (b) a member or creditor of the organisation; or
(c) (c) a person dealing with or who has dealt with the organisation."
Mr O'Connor, on behalf of the Queensland Hotels Association, has taken me through the circumstances of this matter and I have read the application filed in the Industrial Registry on 26 October 2015, in particular the affidavit material of Thomas Harrington McGuire, in support of the application.
Having heard the submissions this morning, the commission is prepared to make the orders that are sought in the application. In making those orders, I am satisfied that they would not cause substantial injustice to any of the persons or organisations that are mentioned within s 615(4) of the Act.
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