Re: The Registered and Licensed Clubs Association of Queensland, Union of Employers
[2022] QIRC 67
•7 March 2022 On the papers
INDUSTRIAL REGISTRAR
| CITATION: | Re: The Registered and Licensed Clubs Association of Queensland, Union of Employers [2022] QIRC 67 |
PARTY: | The Registered and Licensed Clubs Association of Queensland, Union of Employers |
CASE NO: | RIO/2021/257 |
PROCEEDING: | Application for Rule Amendment |
DELIVERED ON: HEARING DATE: | 7 March 2022 On the papers |
| MEMBER: | Industrial Registrar Shelley |
ORDER: CATCHWORDS: | The proposed amendments to rules 15.1 to 15.4 are not approved INDUSTRIAL LAW – REGISTERED INDUSTRIAL ORGANISATIONS - Application for rule amendment, section 666 of the Industrial Relations Act 2016 - - Proposed amendments not approved |
LEGISLATION: | Industrial Relations Act 2016, s 623, s 630, s 640, s 641, s 666 Industrial Conciliation and Arbitration Act 1961 Registered Clubs Regulation 2009 (NSW) |
Reasons for Decision
On 14 December 2021, The Registered and Licensed Clubs Association of Queensland, Union of Employers (RLCA) filed in the Industrial Registry an application pursuant to s 666 of the Industrial Relations Act2016 (the Act) for a rule amendment.
In the application, Mr Terry McDonald (President) and Mr Gavin Lyons (Vice President) submitted amendments in relation to current rules 15.1 to 15.4 as follows:
15.1 The Board will have a Vice President.
15.2 The title of Vice President will be given to an Officer following a consensus of the Board determined after the Annual General Meeting each three years or whenever the Vice President ceases to be an Officer.
15.3 The Officer given the title of Vice President will act as President in the absence of the President for whatever period is required. In the absence of the President from any meeting of the Board, the chair will be taken by the Vice President.
15.4 The Vice President shall exercise the powers of the President in the absence of the President at the meeting.
Legislative Framework
Section 623 of the Act relevantly provides:
623 General Restrictions
(1)An organisation's rules must not –
(a) contravene this Act, another law or an industrial instrument; or
(b) prevent members of the organisation from -(i)complying with this Act or another law, an industrial instrument or decision; or
(ii)entering into a written agreement under an industrial instrument or decision; or
(c)impose on the organisation's members, or applicants for membership, conditions, obligations or restrictions that are oppressive, unreasonable or unjust.
(2)An eligibility rule does not contravene subsection (1)(c) only because it requires reasonable minimum standards for the conduct of the businesses or callings or the organisation's members or applicants for membership.
Section 630 of the Act provides as follows:
630 Direct Voting or Collegiate Electoral System must be used
An organisation's rules must provide for the election of its elected officers by a direct voting system or a collegiate voting system.
Section 640 of the Act provides as follows:
640 Restrictions on persons who may be elected by electoral college
At least 80% of the persons elected by an electoral college must be elected at the stage in the collegiate electoral system that immediately preceded the stage for which the electoral college is formed.
Section 641 of the Act provides as follows:
641 Requirement for second or subsequent stage
The organisation's rules must state the following for an election at the second or a subsequent stage of a collegiate electoral system—
(a)who may nominate as a candidate for election;
(b)how a person may nominate and become a candidate;
(c)that a candidate must be declared elected if the number of candidates for election is not more than the number of officers to be elected for the organisation;
(d)that, if there are more candidates than the number of officers to be elected for the organisation, a secret ballot must be conducted to decide the election;
(e)that if a ballot must be conducted—
(i)how the ballot must be conducted; and
(ii)the methods of voting and deciding the result of the ballot; and
(iii)that a person who may vote in the ballot (a voter) may vote by an absentee or proxy vote; and
(iv)how a voter may vote by an absentee or proxy vote; and
(v)that scrutineers may be appointed for candidates for election; and
(vi)the functions of scrutineers.
Rules of the RLCA
The RLCA current rules provide as follows:
18. Membership of the Board
18.1 The management of the Association is vested in a Board comprising the President, Vice‑President and Board members (the Officers) each elected by and from Members using a Direct Multiple Voting System, except for the Vice-President.
…
61.16 "Officer" means those candidates elected or appointed to office, as the case may be, under Rules 21 to 31 or 33 and includes the President and Vice-President.
Current rules 21 to 31 and 33 refer to procedures for election of officers including pre‑election, nominations, ballots, voting material, voting, scrutiny of votes and counting of votes.
Conclusion
The question for determination is whether, in granting the amendments to current rules 15.1 to 15.4 under Chapter 12, subdivision 2 of the Act, I am satisfied that this amendment does not contravene s 623 or another law, and has been proposed under the organisation's rules.
The RLCA is a registered industrial organisation, registered under the then Industrial Conciliation and Arbitration Act 1961, as an industrial union of employers, and continues to be registered under the Act.
It was submitted that the proposed rule amendments were approved by a majority of the RLCA's members voting at a Special General Meeting on 7 October 2021, pursuant to clause 47 of the rules.
The rules reference an 'Officer' to include the President, Vice-President and seven Board members.
Proposed new rule 15.2 states:
15.2 The title of Vice President will be given to an Officer following a consensus of the Board determined after the Annual General Meeting each three years or whenever the Vice President ceases to be an Officer.
Sections 630, 640 and 641 of the Act outline the requirements regarding what an organisations rules must provide for concerning election of its officers. The wording proposed by the RLCA in rule 15.2 contravenes the requirements under these sections of the Act.
Therefore, the proposed amendments to rules 15.1 to 15.4 are not approved.
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