Re Queensland Teachers Union of Employees
[2018] QIRC 71
•13 June 2018
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Re Queensland Teachers Union of Employees [2018] QIRC 071 |
PARTIES: | QUEENSLAND TEACHERS UNION OF EMPLOYEES (Applicant) |
CASE NO: | RIO/2018/60 |
PROCEEDING: | Application to amend an eligibility rule |
DELIVERED ON: | 13 June 2018 |
HEARING DATES: | 13 June 2018 |
MEMBER: | O'Connor DP |
ORDERS: | The Commission approves, pursuant to s 662 of the Industrial Relations Act 2016, an eligibility rule amendment to the rules of the Queensland Teachers Union of Employees by amending Rule 1.3 by deleting the words "(or retired teachers)" and the words "and on payment of the prescribed fee". |
| CATCHWORDS: | INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL ORGANISATIONS - APPLICATION TO AMEND AN ELIGIBILITY RULE - Where the applicant is a union of employees registered under the Industrial Relations Act 2016 - Where the application was validly made - Where there was no objection to the proposed amendment - Application allowed. |
| LEGISLATION: | Industrial Relations Act 2016, s 662 |
| APPEARANCES: | Mr G J Moloney for the Applicant. |
Decision from the bench
This is an application by the Queensland Teachers Union of Employees, seeking to amend the eligibility rule of the said union. The application is made in accordance with s 662 in the Industrial Relations Act 2016 ("the Act") and r 198 of the Industrial Relations (Tribunals) Rules 2011. The applicant is a union of employees registered under the Act.
The object of the amendment is to amend Rule 1.3 of the Rules of the Queensland Teachers Union of Employees.
Rule 1.3 currently provides as follows:
The Union shall consist of an unlimited number of persons who are:-
(o)Teachers-in-training at colleges and other institutions for the education of teachers and Colleges of Advanced Education continued, established or constituted pursuant to 'The Education Act of 1964' or any other Act in substitution or amendment thereof or at any other institution in substitution thereof, or at Departments of Education at Universities or University Colleges in the State of Queensland:
Provided that such teachers-in-training (or retired teachers) shall be eligible for Associate Membership only and on payment of the prescribed fee, shall be entitled to attend Union branch meetings, but may not vote, and shall be eligible to receive copies of the Queensland Teachers' Journal.
It is proposed that Rule 1.3 be amended by deleting the words "(or retired teachers)" and the words "and on payment of the prescribed fee".
The amended Rule 1.3 would provide as follows:
The Union shall consist of an unlimited number of persons who are:-
(o)Teachers-in-training at colleges and other institutions for the education of teachers and Colleges of Advanced Education continued, established or constituted pursuant to 'The Education Act of 1964' or any other Act in substitution or amendment thereof or at any other institution in substitution thereof, or at Departments of Education at Universities or University Colleges in the State of Queensland:
Provided that such teachers-in-training shall be eligible for Associate Membership only, shall be entitled to attend Union branch meetings, but may not vote, and shall be eligible to receive copies of the Queensland Teachers' Journal.
I am satisfied that in accordance with s 662(1) of the Act, the amendment has been proposed under the organisation's rules and that there is no organisation to which its members could conveniently belong that would effectively represent them in a way consistent with the objects of the Act. The provisions of s 662(2) of the Act upon which the Commission may refuse to approve an amendment to the eligibility rule have not been identified in these proceedings and are therefore not enlivened.
I am satisfied the applicant has complied with the requirements contained in s 17 of the Industrial Relations Regulation 2018. There is no objection to the proposed amendment and in accordance with the Act I grant approval for the amendment to the eligibility rules, as sought in the application to the Commission of 16 April 2018, and the operative date of the amendment will be the date of this order.
Orders
I make the following orders:
1.The Commission approves, pursuant to s 662 of the Industrial Relations Act 2016, an eligibility rule amendment to the rules of the Queensland Teachers Union of Employees by amending Rule 1.3 by deleting the words "(or retired teachers)" and the words "and on payment of the prescribed fee".
0
0
0