Re: Queensland Teachers Union of Employees
[2025] QIRC 311
•18 November 2025 On the papers
INDUSTRIAL REGISTRAR
| CITATION: | Re: Queensland Teachers Union of Employees [2025] QIRC 311 |
PARTY: | Queensland Teachers Union of Employees |
CASE NO: | RIO/2025/180 |
PROCEEDING: | Application for rule amendment |
DELIVERED ON: HEARING DATE: | 18 November 2025 On the papers |
| MEMBER: | Industrial Registrar Shelley |
ORDERS: CATCHWORDS: | 1. Pursuant to s 666 of the Industrial Relations Act 2016, the rule amendments outlined in paragraph [3] of this decision are approved, and a Certificate of Registration of Amendment to Rules will be issued in due course reflecting these amendments. 2. The proposed amendment to rule 6.6(a) and (d) (with the subsequent renumbering of the existing rule 6.6(d) to 6.6(e)) is not approved. INDUSTRIAL LAW – QUEENSLAND – REGISTERED INDUSTRIAL ORGANISATIONS - Application for rule amendment – Amendment to rule 6.6(a) and (d) is not approved. |
LEGISLATION AND OTHER INSTRUMENTS: | Industrial Relations Act 2016, s 623, s 633, s 635, s 636, s 666, s 672, s 673 Industrial Relations (Tribunals) Rules 2011, r 193 Industrial Relations Regulation 2018, Schedule 2 |
Reasons for Decision
Introduction
On 16 September 2025, the Queensland Teachers Union of Employees (QTU) filed in the Industrial Registry an application to amend their rules, pursuant to s 666 of the Industrial Relations Act 2016 (Act). A subsequent amendment to Schedule 1 of that application, with an accompanying Statutory Declaration of Ms Kate Ruttiman, was received by the Industrial Registry on 30 October 2025.
A summary of the proposed amendments sought was included at Schedule 3 as follows:
-Updates to enable expenses for all property owned by the QTU,
-Updates to permit use of an authorised deposit taking institution instead of a specific
bank (which no longer operates),
-Updates to the Offences by Members as requested by various branch/area councils,
-Remove male-specific terminology when referring to the General Secretary
-Insert the omitted electorate for the two identified positions for State Council to reflect the electorate of the identified positions of State Conference,
-Create a new office representing First Nations members on TAFE Council and are councils, ,
-Increase and clearly define the period provided for withdrawal of nominations permitted under the Rules to align with the model rules,
-Provision for electronic ballots where possible,
-Provide the capacity to remove omitted position holders,
-The use of the term Traditional Custodians rather than Traditional Owners as requested by the Union's First Nations Committee - Gandu Jarjum,
-Remove and replace gendered terminology of Chairman with Chairperson,
-Update duties of branch and area council officials to reflect modern practices,
-Remove the requirement for inspection of branch/area council/TAFE branch books (no longer exist given the removal of the Treasurer position when amendments were made previously),
-Include new office representing First Nations members as part of the constitution of area councils,
-Provisions for observers at area council meetings,
-Include new office representing First Nations members as part of the constitution of TAFE Council,
-Removal of transitional arrangements, no longer required.
The following rule amendments are hereby approved:
Amended subrules
2.2(b)(ii), 2.4(d)(ii), 2.4(d)(iii), 3.3(a)(vi), 3.3(f)(ii), 3.3(f)(iii), 6.5(g), 6.6(b)(vii), 6.10(c), 6.10(c)(iii), 9.3(c), 10.1(e), 10.5(c), 10.6(e), 10.6(f), 11.4(c)
Insertion of new subrules
- 3.3(a)(vii) and renumber existing (vii), (viii) and (ix) to (viii), (ix) and (x)
- 3.3(f)(vii)
- 6.2(c)(iv)
- 6.2(j) and renumber existing (j) to (k)
- 6.2(l)
- 11.1(d) and renumber existing (d) to (e)
- 12.3(a)(iii)
Deletion of subrules
- 10.9 and renumber 10.10 to 10.9
- 11.7 and renumber 11.8 and 11.9 to 11.7 and 11.8
- 12.2(h)
- 13.1
The following rule amendments are not approved, with reasons to follow:
Insertion of new subrules
- 6.6(a)(iii)
- 6.6(d) and renumber the existing (d) to (e).
Proposed amendment to rule 6.6(a) and (d) regarding ballots
Rule 6.6(a) currently provides:
(a) Ballots shall be conducted in accordance with the Industrial Relations Act 2016 and Regulations or any Act in substitution or amendment thereof either by:
(i)A secret postal ballot of members eligible to vote; or
(ii)A secret ballot of members eligible to vote and present at the relevant meeting of Council, Area Council or TAFE Council.
The proposed new rule 6.6(a)(ii) and (iii) reads as follows:
(i) A secret ballot of members eligible to vote and present at the relevant meeting of Council, Area Council or TAFE Council; or
(iii) A secret ballot of members eligible to vote conducted by electronic means.
The proposed renumbering of rule current rule 6.6(d) to become rule 6.6(e) and new rule 6.6(d) to provide as follows:
(d) Electronic Ballots
Where appropriate, any electronic ballot will be conducted in a manner consistent with the requirements of 6.6(b) of these Rules with sch changes as necessary as determined by the Returning Officer for an electronic ballot.
Consideration
Section 633(a) of the Act requires that an organisation's rules state that "…a ballot to decide an election must be a secret postal ballot or another type of secret ballot approved by the registrar under subdivision 3" [emphasis added]. In other words, the Act establishes a mechanism for organisations to conduct secret ballots, other than postal ballots, through an approval application to the Industrial Registrar pursuant to s 635.
Section 635(2) provides that "the application must include particulars of proposed amendments to the organisation's rules that provide for secret ballots that are not postal ballots." This applies to amendments that are proposed, not those already adopted under an organisation's rules.
Rule 193 of the Industrial Relations (Tribunals) Rules 2011 (Rules) outlines the requirements for applications made in accordance with s 635(1) of the Act:
193 Application for approval for ballot not to be a postal ballot
(1)An application to the registrar under section 635(1) of the Act by an organisation for approval for ballots to decide elections for its elected officers not to be postal ballots must be in the approved form.
(2)The application must also -
(a)include particulars of the proposed amendments to the organisation's rules that provide for secret ballots that are not postal ballots; and
(b)state that the proposed amendments of the rules are not contrary to the Act or to law; and
(c)show how the amendments were proposed and approved in accordance with the organisation's rules; and
(d)give details of how it is believed taking a ballot under the proposed rules will be likely to result in a higher participation by the members in the ballot than would result from a postal ballot; and
(e)give details of how it is believed taking a ballot under the proposed rules will give members eligible to vote an adequate opportunity to vote without intimidation; and
(f)have attached a copy of a resolution passed in accordance with the organisation's rules agreeing to the amendments.
The Act and the Rules prescribe a statutory process that organisations must follow to obtain approval for an alternative form of secret ballot. I am of the view that the proposed amendment to rule 6.6(a) and (d) seeks to permit an electronic ballot as that alternative.
This application is for a rule amendment under s 666 of the Act, not for an approval of an alterative secret ballot under s 635. Section 666 permits approval only when the amendment does not contravene s 623, which requires that an organisation's rules comply with the Act, other laws, and industrial instruments. In my view, the proposed amendment to rule 6.6(a) and (d) attempts to bypass the statutory process for alternative secret ballots set out in Chapter 12, Part 4, Subdivision 3 of the Act.
The proposed amendment presents further fundamental issues. The Electoral Commission of Queensland (ECQ) currently lacks the capacity to conduct electronic ballots. Under the Act, the ECQ must comply with an organisation's rules when conducting an election, subject to s 673. This creates a direct conflict with s 672, as the ECQ would be unable to meet those requirements.
Schedule 2 of the Industrial Relations Regulation 2018 (Regulations) sets out the model election rules. The QTU has adopted these rules with modifications. The model rules govern when a ballot must be held, the distribution of voting materials, and voting procedures. The Regulations do not provide for any alternative to a secret postal ballot.
The proposed amendment to rule 6.6(a) and (d) would replace the current system, which allows only secret postal ballots, with one permitting electronic ballots.
On that basis, the proposed amendment to rule 6.6(a) and (d) is not approved.
Orders
I make the following Orders:
1.Pursuant to s 666 of the Industrial Relations Act 2016, the rule amendments outlined in paragraph [3] of this decision are approved, and a Certificate of Registration of Amendment to Rules will be issued in due course reflecting these amendments.
2.The proposed amendments to rule 6.6(a) and (d) (with the subsequent renumbering of the existing (d) to (e)) is not approved.
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