Re Queensland Real Estate Industrial Organisation of Employers

[2015] QIRC 159

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re Queensland Real Estate Industrial Organisation of Employers [2015] QIRC 159

PARTIES:

QUEENSLAND REAL ESTATE INDUSTRIAL ORGANISATION OF EMPLOYERS
(applicant)

FILE NO/S:

RIO/2015/43

PROCEEDING:

Application

DELIVERED EX TEMPORE ON:

21 July 2015

DELIVERED AT:

Brisbane

HEARING DATE:

21 July 2015

MEMBERS:

Martin J, President, Vice President Linnane and Deputy President O’Connor

ORDERS:

That on and from 20 July 2015 the Queensland Real Estate Industrial Organisation of Employers is deregistered.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL ORGANISATIONS – REGISTRATION – DEREGISTRATION, CANCELLATION OR SUSPENSION – where the applicant organisation sought to be deregistered – whether all necessary procedural requirements had been met for deregistration

Industrial Relations Act 1999, s 638

APPEARANCES:

K Watson for the applicant.

THE PRESIDENT: This is an application for deregistration based upon section 638(e)(iv) of the Industrial Relations Act 1999 by the Queensland Real Estate Industrial Organisation of Employers.

I am satisfied that all necessary procedural requirements have been met. 
The application is based upon a part of s 638 which provides that a Full Bench may deregister an organisation if that organisation’s rules “provide for it to end on the happening of an event and that event has happened”.

The organisation’s rules provide that it may be dissolved if a special resolution to that effect is carried at the general meeting. 

Where s 638 refers to the rules providing for the organisation to end, that should be read as including a resolution dissolving the organisation, as dissolution is the equivalent of ending the organisation’s existence. The passing of that resolution is an “event” within the meaning of section 638(e)(iv).

I am satisfied that the applicant has satisfied the requirements of s 638.

I would make the following order:  that on and from 20 July 2015 the Queensland Real Estate Industrial Organisation of Employers is deregistered.

VICE PRESIDENT LINNANE:   I agree.

DEPUTY PRESIDENT O’CONNOR:   I agree.

THE PRESIDENT:   The order is as I have stated it.