Re: The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees applied to the Queensland Industrial Relations Commission for a declaration that certain invalidities had occurred in the management or administration, election of officers and the making, amending or repealing of the rules of the Association. The object of the application was to remedy the invalidities. The court was required to determine whether the invalidities had occurred and, if so, whether it should make orders to remedy the effects of the invalidity. The court found that invalidities had occurred and made orders to remedy the effects of the invalidity. These included declaring that certain determinations made by a panel on 24 August 2016 be treated as having validly been made by the Association, appointing an interim committee, and authorising the interim committee to take various actions to remedy the invalidities.

The court considered the provisions of the Industrial Relations Act 1999 (Qld) and the rules of the Association in reaching its decision. It noted that the Association's rules provided for the appointment of an interim committee in the event of a vacancy in the State Committee or State Executive. The court found that the invalidities had resulted in such a vacancy and that the panel had therefore been validly appointed as the interim committee. The court also found that the interim committee was entitled to take the various actions set out in the orders to remedy the invalidities. These included appointing an auditor, applying for an exemption from election, and conducting an election. The court made these orders pursuant to its power under section 615 of the Act.