Re Queensland Nurses and Midwives' Union of Employees
[2024] QIRC 175
•24 July 2024
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Re Queensland Nurses and Midwives’ Union of Employees [2024] QIRC 175 |
PARTIES: | Queensland Nurses and Midwives’ Union of Employees |
CASE NO: | RIO/2024/143 |
PROCEEDING: | Application to amend eligibility rules |
DELIVERED ON: | 24 July 2024 |
MEMBER: HEARD AT: | Dwyer IC On the papers |
ORDER: | The orders contained in paragraph [7] of these Reasons for Decision |
| CATCHWORDS: | INDUSTRIAL LAW ¾ QUEENSLAND – INDUSTRIAL ORGANISATIONS – APPLICATION TO AMEND ELIGIBILITY RULES – where applicant is a union of employees registered under the Industrial Relations Act 2016 (Qld) – where application validly made – where no objection to application – application approved. |
| LEGISLATION: | Industrial Relations Act 2016 (Qld) s 662 Industrial Relations Regulation 2018 (Qld) s 17 |
Reasons for Decision
The Queensland Nurses and Midwives’ Union of Employees (‘QNMU’) (‘the Applicant’) has filed an application on 20 May 2024 to amend its eligibility rules pursuant to section 662 of the Industrial Relations Act 2016 (Qld) (‘IR Act’). The Applicant is a union of employees registered under the IR Act.
In accordance with section 17(3) of the Industrial Relations Regulation 2018 (Qld), on 31 May 2024 the Applicant published a Notice of the proposed amendment to its eligibility rules in a newspaper, being the Courier Mail. Further, and in accordance with section 17(5) of aforementioned Regulation, the Applicant served a copy of the Notice on each organisation whose callings include callings of the Applicant’s members or relate to the Applicant’s eligibility rules.[1]
[1] Affidavit of Dale Blackmore filed 5 June 2024, [4]–[5].
No objections have been received in the Industrial Registry.
The proposed amendments
The purpose of the amendments is to remove redundant gendered language and update references. The following table sets out the proposed amendments:
Current Registered Rule
Proposed New Rule
6. ELIGIBILITY FOR MEMBERSHIP
a) The Union shall consist of an unlimited number of persons, men and women, who are registered with the Nurses Board of Queensland, or who produce evidence of other registration as registered nurses, or in the case of those not registered in Queensland, who can produce evidence of training to the satisfaction of the Council; student nurses; enrolled nurses; associate members; passive members; life members and honorary members. a) The Union shall consist of an unlimited number of persons who are registered with the Nursing and Midwifery Board of Australia or any successor to the Nursing and Midwifery Board of Australia, or who produce evidence of other registration as registered nurses, or in the case of those not registered in Queensland, who can produce evidence of training to the satisfaction of the Council; student nurses; enrolled nurses; associate members; passive members; life members and honorary members. Consideration
I am satisfied that in accordance with section 662(1) of the IR Act that:
(i)the amendments have been proposed under the organisation’s rules; and
(ii)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.
I am further satisfied that no grounds contained in section 662(2) of the IR Act upon which the Commission may refuse to approve an amended to the eligibility rule have been identified in these proceedings.
Order
Accordingly, I approve the present application to amend the eligibility rules, consistent with the below:
1.Pursuant to s 662 of the Industrial Relations Act 2016 (Qld), the Commission approves the amendments to the eligibility rules of the Queensland Nurses and Midwives’ Union of Employees.
2.The amendments are to take the form described in the Application filed in the Industrial Registry on 20 May 2024.
3.The operative date of the amendments will be the date of this Order.
0
0
0