Re The Master Plumbers' Association of Queensland (Union of Employers)
[2016] QIRC 3
•23 December 2015
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Re The Master Plumbers' Association of Queensland (Union of Employers) [2016] QIRC 003 |
PARTIES: | THE MASTER PLUMBERS' ASSOCIATION OF QUEENSLAND (UNION OF EMPLOYERS) |
CASE NO: | RIO/2015/132 |
PROCEEDING: | Application for orders about invalidity |
DELIVERED ON: | 23 December 2015 |
HEARING DATES: | 23 December 2015 |
MEMBER: | Deputy President O'Connor |
ORDERS: | 1. This Commission makes a declaration pursuant to s 613 of the Industrial Relations Act 1999 that invalidities have occurred as set out in the decision below. 2. This Commission makes orders pursuant to s 615 of the Industrial Relations Act 1999 as set out in the decision below. |
| CATCHWORDS: | INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL ORGANISATIONS - APPLICATION FOR ORDERS ABOUT INVALIDITY - Where the Applicant is a Union of employers registered under the Industrial Relations Act 1999 – Where the Applicant seeks a declaration pursuant to s 613 that invalidities have occurred in relation to its election – Declaration made – Where the Applicant seeks orders remedying the effects of the invalidities pursuant to s 615 – Orders made – Application granted. |
| CASES: | Industrial Relations Act 1999, ss 613, 615 |
| APPEARANCES: | Ms P. Cornah of the Master Plumbers' Association of Queensland (Union of Employers) |
Decision from the bench
This is an application by Kevin Slade, being the president of the Master Plumbers' Association of Queensland (Union of Employers) ("MPAQ"), seeking the following relief:
1.A declaration pursuant to s 613 of the Industrial Relations Act 1999 ("the Act") in the following terms:
1.1. Invalidities have occurred in relation to the notification by MPAQ to the Industrial Registrar of prescribed information for MPAQ's 2015 election;
1.2. Validities have occurred in relation to the notification by MPAQ to the Industrial Registrar of the appointment of a returning officer for the MPAQ's 2015 election; and
1.3. Invalidities have occurred in relation to the notification by MPAQ's returning officer to the Industrial Registrar of the results of the MPAQ's 2015 election.
Orders are further sought pursuant to s 615 of the Act in the following terms:
2.The council of MPAQ shall, from the date of this order, be constituted by the persons set out in schedule 1 of the application for all purposes in accordance with the rules of the MPAQ;
2.1. The council of the MPAQ as set out in schedule 1 of the application shall continue in office until the completion of the next election of council;
2.2. All acts, matters and things done on behalf of or purported to be done on behalf of persons acting, purporting to act as, the council of the MPAQ since 17 November 2015 are, to the date of the order, declared valid acts, matters or things done on behalf of the MPAQ; and
2.3. All acts, matters and things done on behalf of or purported to be done on behalf of persons acting, purporting to act as, the council for the date to the date of the election of a new council of MPAQ declared valid acts, matters or things done on behalf of MPAQ.
The application is made in accordance with the Act, in particular s 613 which provides as follows:
"613 Commission may decide
(1) The commission may, on application, decide whether an invalidity has happened in—
(a) the management or administration of an organisation's affairs; or
(b) the election or appointment of an officer of an organisation; or
(c) the making, amending or repealing of a rule of an organisation.
(2) In deciding the application, the commission may declare whether or not an invalidity has happened."
The failure to comply with the relevant provisions of the Industrial Relations Act 1999 are set out in the affidavit of Darren Laarhoven, a partner of UHY Haines Norton Chartered Accountants and Business Advisors, who was invited to be the returning officer for the election of the MPAQ council for 2015.
The notice of the annual general meeting was given on 17 November 2015, calling for nominations for positions on the MPAQ council. On 12 October 2015, the returning officer received 13 nominations for 13 positions of the MPAQ council. A declaration was made to the executive director of the MPAQ by the returning officer that the required number of representatives to council were nominated unopposed and were duly elected. The election of office bearers of the MPAQ was announced and minuted on 17 November 2015.
The invalidities which occurred are set out not only within the application but also paragraph 6 of the affidavit of Mr Laarhoven. On 30 November 2015, the MPAQ submitted paperwork to the Industrial Registrar for review following the election of office bearers. At that time, the Industrial Registrar advised the MPAQ that it had failed to submit a request for the approval of the appointment of the returning officer, and it did not notify the Industrial Registrar prescribed information for the MPAQ's 2015 information, or the notification to the Industrial Registrar of the results of the MPAQ's 2015 election.
On the affidavit material filed in support of this application, I am satisfied that invalidities have occurred in the management and administration of the MPAQ and/or in the election or the appointment of officers of the MPAQ as set out in the application.
Having made the declaration that invalidities have occurred, the Commission is permitted, pursuant to s 615 of the Act, to make orders remedying the effects of the invalidities. Section 615 of the Act provides as follows:
"615 Orders about effects of invalidity
(1)This section applies if, on the hearing of the application, the commission declares an invalidity has happened.
(2)The commission may make an order it considers appropriate to—
(a) remedy the invalidity or to cause it to be remedied; or
(b) change or prevent, or cause to change or prevent, the effects of the invalidity; or
(c) validate an act, matter or thing made invalid by or because of the invalidity.
(3)The commission may also make another order consequential to an order under subsection (2).
(4)The commission must not make an order under this section if the order would cause substantial injustice to—
(a) the organisation that the invalidity concerns; or
(b) (b) a member or creditor of the organisation; or
(c) (c) a person dealing with or who has dealt with the organisation."
Having read the application filed on 10 December 2015 and the affidavits of Ms Cornah and Mr Laarhoven, having heard the submissions this morning on behalf of the MPAQ, and having made the necessary declaration concerning invalidity, I am prepared to make the orders sought.
In making those orders, I am satisfied that the orders will not cause substantial injustice to any of the persons or organisations mentioned in s 615(4) of the Act. As a consequence of my reasons, I make the orders as set out in paragraph 1 and paragraph 2 of the application filed in the Industrial Registry on 10 December 2015.
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