The Registered and Licensed Clubs Association of Queensland, Union of Employers

[2014] QIRC 143

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	The Registered and Licensed Clubs Association
of Queensland, Union of Employers [2014] QIRC 143
PARTIES:	The Registered and Licensed Clubs
Association of Queensland, Union of Employers
(Applicant)
CASE NO:	RIO/2014/103
PROCEEDING:	Eligibility rule amendment
DELIVERED ON:	10 September 2014
HEARING DATE:	8 September 2014
MEMBER:	Industrial Commissioner Thompson
ORDERS :	Eligibility rule amendment approved
CATCHWORDS:	INDUSTRIAL LAW - APPLICATION FOR AMENDMENT OF ELIBILITY RULE - Advertisement - No objections - Submissions - Amendment of eligibility rule approved
CASES:	Industrial Relations Act 1999, s 474 Industrial Relations (Tribunals) Rules 2011, r 198 Industrial Relations Regulation 2011, s 18
APPEARANCES:	Mr J. Frazer for the Applicant.
Decision

[1]    An application was lodged with the Industrial Registry on 15 July 2014 by Don Seccombe, President of The Registered and Licensed Clubs Association of Queensland, Union of Employers (Clubs Queensland) to amend the Association's Eligibility Rule 5 (Membership).

[2]     The proposed amended was in accordance with Rule 44 (Alteration of Rules) which authorised the Association to seek approval of the amendments from the Queensland Industrial Relations Commission (the Commission):

"Alteration of Rules

44.     Subject to the provisions of the Industrial Relations Act 1999, the Rules may be amended, rescinded or added to from time to time by -

(1)	two-thirds majority vote at any general meeting; or
(2)	a postal ballot of all members utilising all relevant provisions from Rules 19-28,

Provided that the Board may make any changes to the Rules required by amendments to the State industrial legislation."

[3]    At the Annual General Meeting of Clubs Queensland on 12 March 2014 the following resolution was carried:

"It is resolved subject to any further changes required by the Queensland Industrial Relations Commission to meet the requirements of Chapter 12 (Industrial Organisations) of the Industrial Relations Act 1999 (Qld), that -

1.       Suggested amendments as detailed in Schedule 1 (pages 1 through 3 inclusive) be approved and the Rules be amended in accordance with the recommendation from the Board of Clubs Queensland; and

2.       Approval of the amended Rule 5 is sought from the Queensland Industrial Relations Commission."

[4]     The proposed amendments to Eligibility Rule 5 (Membership) are as follows:

"5(1) The Association shall consist of unlimited number of clubs registered under any Act or Acts in force in the State of Queensland relating to clubs which employ or usually employ labour and/or utilise volunteers in

Queensland.

5(3) Applications for membership must comply with either sub-rule (1) or (2) above, must be in writing, and must be sent to the Chief Executive Officer of the Association, and applicants must agree to be bound by the

Rules of the Association and any by-laws approved by it.

5(4) Consistent with Sections 531 and 532 of the Industrial Relations Act 1999, if an applicant for membership meets the requirements of sub-rule (3) above, and complies with the Association's Rules, including paying the membership fee in accordance with Rule 6, their application for membership of the Association shall be accepted by the Board within 3

months of the date the above conditions are met.

5(5) Applications meeting the conditions referred in sub-rule (4) above, will be brought before the Board at the next or subsequent meeting, when the majority of the members of the Board present shall note the admittance

of the applicant as a member.

5(6) Membership can only be refused if the applicant is not eligible or has not complied with the Rules of the Association as referred to in sub-rule 4

above."

[5] In submissions on behalf of Clubs Queensland, Mr Frazer informed the Commission the primary reason for the proposed amendments was to bring the Rules of the Association up-to-date with changes to Chapter 12 of the Industrial Relations Act 1999 (the Act) and to provide greater clarity as to coverage. The proposed changes did not increase the coverage of the Association.

[6] The Association had complied with the directions from the Industrial Registrar to advertise the application in the Public Notice column of the Courier Mail newspaper (on 18 July 2014) in the form required by s 18 of the Industrial Relations Regulation 2011 (the Regulation). In addition a copy of the application was served on the following industrial organisations:

	Queensland Hotels Association, Union of Employers;
	Queensland Chamber of Commerce and Industry Limited;
	Restaurant and Catering Industry Association; and
	The Accommodation Association of Australia (Queensland Motel Employers Association, Industrial Organization of Employers).

[7] The application was said to have addressed the requirements of s 474(1)(a) of the Act:

"474 Approval for eligibility rule amendment

(1) The commission may, by order, approve an eligibility rule

amendment only if satisfied -

(a)	the amendment has been proposed under the organisation's rules; and
(b)	there is no organisation to which its members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act."

[8]     Mr Frazer further submitted that the proposed amendment did not contravene the Act or another law or industrial instrument. Nor did it prevent members of an organisation from:

	complying with the Act or another law, industrial instrument or decision; or
	entering into a written agreement under an industrial instrument or decision; or
	impose on members, or membership applicants, conditions, obligations or restrictions that are oppressive, unreasonable or unjust;
	would not contravene an agreement or understanding to which the organisation is a party and which deals with the organisation's right to represent; or
	would not change the effect of any Full Bench order under s 279 of the Act about the organisation's right to represent; and
	would not give rise to any serious risk of a demarcation dispute that would prevent or restrict the performance of work in the industry, or harm an employer's business.

[9]    Schedule 1 to the application had explained the rationale behind the proposed amendments providing commentary in respect of proposed Rules 5(1), 5(3), 5(4), 5(5) and 5(6).

[10]  The rationale relied upon in the view of the Commission was not inconsistent with the provisions of the Act.

Conclusion

[11]  In consideration of the application and the supportive material it is noted in the first instance that the industrial organisations subject to notification had raised no objection to the proposed amendments nor entered an appearance in the proceedings.

[12]  The application is compliant with the provisions of r 198 of the Industrial Relations (Tribunals) Rules 2011 in addition to s 18 of the Regulation.

[13]  Accordingly the Commission approves the Eligibility Amendments to Rule 5 as contained in the application effective from 8 September 2014.

[14] I order accordingly.