The Baking Industry Association of Queensland - Union of Employers

[2015] QIRC 131

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

The Baking Industry Association of Queensland - Union of Employers [2015] QIRC 131

PARTIES:

The Baking Industry Association of Queensland - Union of Employers
(Applicant)

CASE NO:

2015/RIO000095

PROCEEDING:

Orders about invalidity

DELIVERED ON:

15 July 2015

HEARING DATE:

13 July 2015

MEMBER:

Deputy President Bloomfield

ORDERS:

1.   That declarations of invalidity and consequential orders to correct such invalidities be made in terms of the attached Order.

2.   That the declarations and orders operate as and from 13 July 2015.

CATCHWORDS:

INDUSTRIAL LAW - APPLICATION FOR DECLARATION OF WHETHER OR NOT AN INVALIDITY HAS HAPPENED - Invalidities found to have happened - Declarations and orders made to validate decisions and actions taken in good faith - Formal Orders issued.     

CASES:

Industrial Relations Act1999, ss. 613, 614, 615.

APPEARANCES:

Mr J. Merrell, Counsel instructed by Mr R. Stevenson of Australian Workplace Lawyers, for the Applicant.

Decision

1. This decision concerns an Application to the Queensland Industrial Relations Commission (the Commission) pursuant to Chapter 12, Part 14, Division 3 of the Industrial Relations Act 1999 (the Act) by Kevin Leslie Kielly and Vyvyan John Pascoe, being the President and Treasurer respectively of The Baking Industry Association of Queensland - Union of Employers (BIAQ), for certain declarations and orders about invalidities which are said to have happened in respect of the conduct of the affairs of BIAQ since 15 July 1994. 

2. Without traversing the whole of the Application, Messrs Kielly and Pascoe swear:

   · BIAQ has not obtained the Industrial Registrar's written approval of the returning officers' appointment for each election held since 15 July 1994 as required by s 51(2) of the Industrial Organisations Act 1997 and by s 599 of the Act;

   · BIAQ has not filed the information required by s 481 of the Act as specified in the relevant Industrial Relations Regulations;

   ·        a Committee of Management has been formed to oversight the affairs of BIAQ until a new Committee of Management is elected in 2016; and

   ·        declarations and orders are sought from the Commission to validate, inter alia:

   ○all acts, matters and things done since 15 July 1994 on behalf of, or purported to be done on behalf of, the persons acting, or purporting to act, as the Committee of Management of BIAQ;

   ○the election of the interim Committee of Management;

   ○the making of an Application to the Commission for the approval of amended eligibility rules of BIAQ;

   ○the making of an Application to the Industrial Registrar for the approval of new Rules of BIAQ; and

   ○that, pending the approval of the proposed new Rules, the election of office holders of BIAQ be held over until 2016.

1. In addition, the Application requests the Commission to authorise the interim Committee of Management to conduct the affairs of BIAQ until a fresh election is held in 2016 or 31 December 2016, whichever event occurs first.

2. When the matter came on for hearing Mr J. Merrell, of Counsel, outlined the nature of the Application and the rationale behind each of the orders sought.  In doing so,
   Mr Merrell presented draft Orders for my consideration. 

3. After hearing from Mr Merrell, I announced that I was satisfied that certain invalidities had occurred in the conduct of the affairs of BIAQ since 15 July 1994 and issued the declarations and orders now attached to this decision. Although I inadvertently failed to record during the proceedings that I was satisfied that making the declarations and order would not cause substantial injustice to any person or party identified in s 615(4) of the Act, I now formally issue such finding.

4. The declarations of invalidity, pursuant to s 613 of the Act, and resultant orders, issued pursuant to s 615(2) and (3) of the Act, contained in the Order attached to this decision are now formally released with such declarations and orders to operate as and from
   13 July 2015. 

5. I determine and Order accordingly.