United Voice - [2011] FWA 3355

[2011] FWA 3355

FAIR WORK AUSTRALIA

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules

United Voice
(D2010/5027)

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 31 MAY 2011

Application for alteration of eligibility rules.

[1] An application for consent to vary the eligibility rules of the Liquor Hospitality and Miscellaneous Union (subsequently re-named United Voice) was lodged with Fair Work Australia on 24 December 2010. The effect of the proposed variation would be to make clear that United Voice is eligible to cover persons employed by employers contracted by the Commonwealth Government to operate or manage immigration detention centres, other than persons employed as managers, medical practitioners, teachers, nurses and persons employed in administrative and clerical positions.

[2] The reason for the proposed alteration was described as follows:

‘The proposed alteration is intended to avoid doubt that the applicant has the ability to enrol as members and to represent the industrial interests of certain employees employed at immigration detention centres.

The applicant at present has members working at immigration centres in Queensland, New South Wales, Victoria, South Australia, Western Australia and the Northern Territory. The applicant has represented these employees for several years without controversy, including in the extensive consultations leading up to the making of the Corrections and Detention (Private Sector) Award 2010.

The applicant has relied upon its ability to enrol members involved in ‘security and watching’ when signing up immigration detention centre employees. A recent decision 1 of a Full Bench of Fair Work Australia has raised doubts about the adequacy of this approach.’

[3] Notice of the application was published in the Commonwealth of Australia Gazette, Government Notices on 12 January 2011. Objections to the application were filed with Fair Work Australia by the Australian Nursing Federation (the ANF), the Australian Workers’ Union, West Australian Branch Industrial Union of Workers (AWUWAIU), the Australian Municipal, Administrative, Clerical and Services Union (ASU), CPSU, the Community and Public Sector Union (CPSU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU).

[4] Discussions were subsequently held between United Voice and the objectors which led eventually to the withdrawal of all the objections. Memorandums of understanding were made with all the objectors and these have been filed with FWA. As a result in particular of the memorandum entered into with the CPSU, an amendment was made to the application expressly to exclude employees employed in social and/or welfare positions.

[5] I am satisfied that all the relevant requirements contained in s.158 of the Fair Work (Registered Organisations) Act 2009 have been met. I consent to the alteration in United Voice’s eligibility rules as proposed by the amended application.

[6] Accordingly therefore Rule 3 of the eligibility rules of United Voice, are altered as follows:

1. By inserting into Rule 3 a new Part 26 as follows:

‘Part 26

Notwithstanding any provision of this rule to the contrary, the union shall have the eligibility to cover persons employed by employers contracted by the Commonwealth Government to operate or manage immigration detention centres, other than persons employed as managers, medical practitioners, teachers, nurses and persons employed in administrative, clerical and social and/or welfare positions.’

[7] The new rules are appended to this decision as Attachment A.

[8] The alterations will come into operation from 14 June 2011.

SENIOR DEPUTY PRESIDENT

Appearances:

Mr N Swancott for United Voice

Mr N Blake for Australian Nursing Federation

Ms Zoe Angus for The Australian Workers’ Union

Mr J Nucifora for the Australian Municipal, Administrative, Clerical and Services Union

Mr T McCauley for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

Mr L Benfell for the CPSU, the Community and Public Sector Union

Hearing details:

Sydeny

Melbourne (by video link)

2011

7 March

9 May

30 May

3 - CONDITIONS OF ELIGIBILITY

Part 1:

The following persons shall be eligible to be members of the Union:

The Union shall consist of an unlimited number of persons who are employed or usually employed to perform work in or in connection with any one or more of the following industries and/or industrial pursuits, namely:-

Persons employed in Aboriginal local government communities or regional councils in the Northern Territory, Western Australia and South Australia (excluding persons employed in professional, administrative and clerical positions other than at Tangentyere, Kalano, Julalakari and Jurnkurrakur Councils and excluding registered and enrolled nurses employed as such other than enrolled nurses in Western Australia); persons employed in Aboriginal health services in the Northern Territory, Western Australia and South Australia (excluding persons who work in a professional, administrative or clerical capacity in the public sectors in South Australia and Western Australia other than regional Aboriginal health liaison officers in Western Australia and excluding Aboriginal health workers in the public sector in South Australia other than persons employed by Aboriginal health services operated in conjunction with Aboriginal local government communities or regional councils based in the Northern Territory and excluding registered and enrolled nurses employed as such other than enrolled nurses in Western Australia); persons employed in Aboriginal welfare associations in the Northern Territory, Western Australia and South Australia (excluding persons employed in professional, administrative or clerical positions and in counselling, co- ordinating and developmental work other than at the Institute for Aboriginal Development and excluding registered and enrolled nurses employed as such other than enrolled nurses in Western Australia); airbrush artist; asbestos and/or asbestos cement products (except in Queensland, Tasmania and Western Australia); fibre reinforced products and/or fibre cement products (except in Tasmania, Queensland and Western Australia); animal welfare establishment (except animal husbandry and research establishments in connection with pastoral pursuits - provided that this exception shall not include the Northern Territory - and excepting animal health stations and experimental farms in Queensland and New South Wales); veterinary hospitals and any establishment or business which accommodates, handles, treats or otherwise caters for the welfare of animals and household pets (other than in the public sector); animal care; persons employed in animal, marine or wildlife establishments (except establishments which are engaged in agriculture or pastoral pursuits, other than in the Northern Territory); bag and sack; basketware; bill posting; broom or brush (except in Victoria, New South Wales, Tasmania and South Australia); carbon paper makers; caretaking, caretaker, building superintendent, janitor, handyperson or maintenance person; cemetery; chemical (other than persons engaged principally in or in connection with the making, preparation, handling, putting up, reception, sale demonstration and/or delivery of drugs, pharmaceutical goods and medicinal chemicals); chemical workers; child minding centre, child care, child minding (other than qualified teachers in Victoria and other than in hospitals in New South Wales and within universities in New South Wales and the Australian Capital Territory); cork or cork product (except in Victoria and Queensland); crematorium; cleaners; cleaning and pollution control (excluding persons employed full-time by employers in the metal industry within their establishments); commissionaire; dance instruction; day nursery (other than in hospitals in New South Wales and within universities in New South Wales and the Australian Capital Territory); dentists; dental mechanics; dental therapists; dental assistants and attendants; domestic work; domestic workers (except domestic servants employed in Queensland, in the Pastoral Industry such as gardeners, chauffeurs, grooms, stablemen, kitchenmen, cooks, waitresses, laundresses, housemaids, nurse girls and general servants); domestic staff, groundsman or yardman of denominational schools; emergency and safety employees of the Port of Melbourne Authority and the Port of Geelong Authority; the manufacture of engine packing (except where made in the rubber industry with rubber or with any rubber substitutes); ferry workers; fibrolite (except in Queensland, Tasmania and Western Australia); gardening; gatekeeping; greenkeeping (except in New South Wales, Victoria and in local government in Tasmania and also except in Western Australia as regards golf links, bowling greens, tennis courts and all gardens, lawns and greens in connection therewith); gypsum plasterboard and similar products; health or physical culture including all instructors, counsellors, masseurs and attendants in health and physical culture studios including weight loss studios and/or centres; home care aides and attendants (except in Victoria and Tasmania); personal care aides and attendants employed in households (except in Victoria and Tasmania); personal care aides and attendants, employed other than in households, in South Australia, Western Australia, Northern Territory and Australian Capital Territory; home helps (except in Victoria and Tasmania);ice cream makers; insulwool, slagwool or other insulation material; jury keepers (in the State of Victoria only); laboratory assistant, attendant or tester in or in connection with the oil industry; laundry workers including persons employed in dry cleaning; and/or laundrettes; librarian not principally engaged in clerical duties (in Queensland only); library attendants (except those employed by universities in Western Australia); lift attending; linoleum; porters; manufacture of photographic supplies or materials; manufacture of resin-bonded fibre reinforced products including pipes (except in Tasmania, Queensland and Western Australia); manufacture of Sisalkraft, Duk-Bak and similar products; manufacture of coated or laminated products, whether reinforced or not; margarine (except in the States of New South Wales, Victoria, Western Australia and Tasmania); messengers; motor car cleaning, detailing washing or greasing; motor garage, including service station (other than chauffeurs and workers in the iron trades and coachmaking trades and their assistants); oilskin (but not the manufacture of goods from fabrics which have been so treated); paint; sealants; parking attendant (except municipal and shire council employees and those employed in any kind of amusement, whether outdoor or indoor, or in or about theatres, halls, racecourses, sports, exhibition and agriculture shows); pearlite and/or vermiculite products; pest control (except in New South Wales, Queensland and Western Australia, provided that this exception shall not relate to domestic pest control services in Western Australia); photographic establishments; plaster of paris; plastics or substitutes therefor and/or goods made therefrom and/or goods in the manufacture of which plastics or substitutes therefor are used (other than engineers and persons eligible to be members of the Federated Rubber and Allied Workers' Union of Australia and coming within the award of the Court known as the Rubber Workers' Award 1947); port hostesses; pre-school kindergarten; pyrotechnic; sealing, sanding, treating and/or otherwise processing floor coverings and floor surfaces, excepting the sanding of floors in buildings under construction or in the course of structural alteration or structural repair; all employees (other than in Queensland) including qualified, trained, trainee or untrained in private pathology laboratories, including scientific or technical work therein, except: (i) in Victoria and Tasmania; and (ii) in South Australia, Western Australia, the Australian Capital Territory and the Northern Territory employees eligible to be members of the Australian Nursing Federation in accordance with the rules of the ANF as at 10 June 1993; and (iii) in New South Wales registered or enrolled nurses or persons entitled to be registered or enrolled by any nurse registration authority, employed as such; and (iv) in Western Australia employees in professional, administrative, clerical or technical classifications;security or watching (in either case other than employees employed in a shop by the operator thereof) rangers (other than those employed by the Crown in the right of the Commonwealth or of a State or Territory); manufacture of records, rolls, tapes, video tapes or any such like article used for reproducing purposes; spruiking; manufacture of stramit, strawboards (in the State of Victoria) and similar boards; sugar refineries (except in Queensland, South Australia and Victoria); synthetic resins and/or moulding powders; tea attendants (other than in hospitals in New South Wales and in the Universities of Macquarie, Sydney and New England); teacher aides; toy makers and assemblers (except in New South Wales, Victoria, South Australia and Western Australia) using substantially non-metallic materials; typewriter ribbon; tourist guide and/or tourist leader (other than those directly employed by a travel agent); veterinarians, veterinary assistants and/or attendants (other than in the public sector); zoological and/or aquatic exhibition, garden or reserve (excepting ticket takers and ticket sellers in aquatic exhibition, garden or reserve) but not including persons other than watchmen employed by the Taronga Zoological Park Trust; persons designated as attendants and/or assistants and performing work which is otherwise covered by this present rule 3 part 1.

The generality of description of any of the foregoing industries or industrial pursuits is not to be limited by reference to any other industry or industrial pursuit.

Provided that notwithstanding anything contained herein persons employed in the rubber industry in the State of Queensland and eligible for membership of the Australian Workers' Union shall not be eligible for membership.

Provided further that notwithstanding anything contained herein no person shall be eligible for membership who is principally engaged in clerical duties in the following industries and/or industrial pursuits:-asbestos and/or asbestos cement products; bag and sack; basketware; bill- posting; broom or brush; chemical; cleaning and pollution control; cork or cork products; fibrolite; gypsum plaster board and similar products; ice cream makers; insulwool slagwool or other insulation material; manufacture of photographic supplies and materials; manufacture of Sisalkraft, Duk-Bak and similar products; margarine; motor garage including service station; pearlite and/or vermiculite products; plaster of paris, plastics or substitutes therefor and/or goods made therefrom and/or goods in the manufacture of which plastics or substitutes therefor are used; sanding; treating and/or otherwise processing floor coverings and floor surfaces; stramit and similar boards; sugar refineries; synthetic resins and/or moulding powders; typewriter ribbon; undertaking.

Provided further that persons

(a) Principally engaged in the transportation of goods or persons by motor vehicle upon public roads and

(b) who would be ineligible for membership if the rules of The Federated Miscellaneous Workers Union of Australia as at the first day of September, 1973, had remained in force

shall not be eligible for membership pursuant to the foregoing provisions.

Provided further that tradesman's assistants, riggers and metal workers employed in maintenance sections of any establishment in the foregoing industries and/or industrial pursuits shall not be eligible for membership pursuant to the foregoing provisions.

Provided further that persons principally engaged in selling, receiving, handling, demonstrating and/or delivery of goods in and for any shop or wholesaler's warehouse (other than photographic establishments and manufacturers' establishments) and employees principally engaged in the sale or demonstration of goods other than in or for any shop or wholesaler's warehouse (except such employees employed in or in connection with manufacturers' establishments) shall not be eligible pursuant to the foregoing provisions.

Part 2:

An unlimited number of persons who are employed or usually employed to perform work in any capacity whether permanent or casual in or in connection with any one or more of the following industries and/or industrial pursuits, namely:

(1) breweries, malthouses, bottling establishments, distilleries, wine cellars, wineries, or spirit stores;

(2) aerated water, soft drink, post mix syrup, beverages, still water, cordial and fruit juice provided that eligibility pursuant to the words "fruit juice" shall be confined to establishments where the principal activity of such establishments is otherwise covered by this Rule, cider, ginger beer, or other non-intoxicating beer factories, and employees retailing to the public any of the products of these factories;

(3) hotels, hotel reservation centres, cruise ships or boats, motels, wine saloons, bars, wine bars, night clubs, coffee palaces, coffee lounges, tea rooms, soda fountains, milk bars, fruit-juice or flavour bars;

(4) marine stores or yards, cork cutting factories, bottle washing establishments, yeast or vinegar factories;

(5) catering, clubs, restaurants, cafes, eating houses, board and lodging, accommodation, apartment houses, catering outlets or establishments;

(6) race courses, football grounds, cricket, dog racing, coursing or other sports grounds or venues;

(7) the preparation and service of food and drink wherever consumed by persons employed by professional or contract caterers for any commercial, social, industrial or other purpose or function and all persons employed in or in connection with canteens, mobile canteens, messes, kitchens, or catering establishments;

(8) cleaning and attending to the provision of board and lodging or any form of accommodation in camps and staff or workers' quarters;

(9) the provision, conduct or supervision of games of chance or any other gambling activities or facilities in, businesses carrying out such activities, clubs, hotels, motels, restaurants, tourists complexes, convention centres or casinos (excluding government regulatory or inspectorial functions);

(10) exhibition halls and convention centres (except in the State of Queensland).

PROVIDED that nothing in paragraphs (7), (8) or (9) hereof shall of itself make eligible for membership employees employed in the Northern Territory unless employed in catering in or in connection with the airline industry; and

PROVIDED that an employee in the industry, calling, occupation or vocation of either or both catering and cleaning for or at premises provided for persons working in or in connection with the following industries or callings:

the search and/or drilling for hydrocarbons, the production, processing and transmission of hydrocarbons, and

the construction of pipelines used in or in connection with the extraction and transmission of hydrocarbons, slurries and similar substances

is not eligible for membership.

PART 3

Without in any way limiting and without being in any way limited by the conditions of eligibility for membership elsewhere in this rule, the Union shall also consist of employees engaged in or in connection with any one or more of the following viz.:

The tanning and leather dressing industry, handling, bagging or grinding bark, the manufacture of bark and other tanning extracts, the classing or sorting of leather (finished or unfinished) where such is done on tannery premises, the manufacture of agar-agar, glue and gelatine and by-products, putty; adhesives, pastes, fertilizer constituents, dextrine, calciners or other like materials, the washing or other treatment of animal hair, with tanning, dressing, dyeing or other treatment of fur or other skins, including woolled lambs or sheep- skins, canvas working; leather working; the manufacture alteration, repair and installation of articles made from leather, woolled lamb or sheep-skins, furred skins, such as spindle polishing mops, paint roller sleeves, dusters (other than establishments covered by The Federated Storemen and Packers' Union of Australia), playsuits, woolskins and furskin toys, soft toys of all descriptions (excluding furred garments and toys made in clothing factories), clicking, cutting by hand or machine, or in the making or repairing saddles, saddle trees, harness, collars and rugs for horses and other animals, bridles, fly-veils and strapping, whips, whip-thongs, machine belting, respirators or gas masks of leather, canvas, fabric or other like materials, welders' masks, trunks, bags, portmanteaux, travel goods, suit or attache cases, braces of all descriptions, belts, razor strops, watch straps, suspenders, sporting goods of canvas, leather or like material, travellers' sample cases of all descriptions, slither cans, musical, gramophone, wireless, surgical and spectacle cases of all descriptions, cosmetics cases; ladies' evening bags, ladies' handbags, handbags of all descriptions, shopping bags; making and/or fitting zippers, wallets, purses, pouches, folio or folio covers of all descriptions, leather or fabric gloves and mitts of all descriptions, leggings, hat leathers, designing, leather coats, leather hats or caps, rifle and/or gun covers, rifle pouches and belts; play suits of leather or fabric, artificial limb and appliances including surgical belts and surgical supports of leather, canvas, webbing or other like material, sails (including the designing thereof), tents, tarpaulins, rigging, flags, nose bags, anti-fouling bags; water bags, waterbed mattresses; weather cloths, dodgers, canvas, duck or calico bags of all descriptions, blinds of all descriptions (including venetian blinds), inside or out, mast coats, awnings, sail covers, canvas, duck, fabric or calico covers of all descriptions, canopies; canvas or coir save-alls, slings of all descriptions, wind sails, hose of all descriptions, covers for wings of aeroplanes, or component parts of aeroplanes of canvas, fabric, or other like material, parachutes, parachute harness, car safety harness of leather, canvas, webbing, or other like material, seat covers; aeroplane hangars, sheds (Belman and others), components of aeroplane hangars, sheds or houses of canvas, fabric or other like material, mail bags, fenders; cargo nets, ships' gear, boat covers marquees, skillions, binding and conveyor aprons, gaskets and washers of leather, canvas or other like material, industrial mops, camp beds, deck chairs, camp furniture, rope or wire splicing and all classes of goods other than boots, shoes and slippers, made from leather, pelts, fabric, canvas, fibre or vulcanised fibre, webbing and/or all substitutes (including plastics and vinyl) for leather, pelts, fabric, canvas, fibre or vulcanised fibre, webbing, used in the industries also machining in all sections and on spraying.

PART 4:

Without in any way limiting and without in any way being limited by the conditions of eligibility for membership elsewhere in this rule, the Union shall also consist, in the Northern Territory, of persons employed to perform work in or in connection with any one or more of the following industries and/or industrial pursuits:-

Ambulance and first aid attendants; Pastoral, Agricultural, Horticultural, Viticultural, Dairying, productions and/or processing of game and poultry; Fruitgrowing, Sugar-growing, Canecutting, Cotton-growing, Rabbit-trapping, Timber-getting, Saw-milling, Building Industry, Butchering and Meat Industry, Brick-making Industry; manufacture of cement, concrete and/or concrete products; the manufacture of boards, panels and all types of building materials, joinery and glazing whether or not performed at a building site, carpet laying, cabinet making, furnishings and furniture making, assembling and finishing; Cotton Industry, Industry of searching, boring for, extracting, storing, transmitting, processing of water, oil, hydro-carbons and/or any other mineral or element (excepting persons principally engaged in the transportation of goods or persons upon private roads by motor vehicle and who would be ineligible for membership if the rules of The Federated Miscellaneous Workers Union of Australia, as at the 1st day of July 1977 had remained in force); oil industry, hydro-carbon industry (excepting persons principally engaged in the transportation of goods or persons upon private roads by motor vehicle and who would be ineligible for membership if the rules of The Federated Miscellaneous Workers Union of Australia, as at the 1st day of July 1977 had remained in force); Mining Industry, milling, Smelting and refining of Ores, quarrying, crushing and/or processing industry of quarry materials; Construction and Maintenance of Rivers and Harbours, Diving, Waterside-Workers, Construction and Maintenance of Roads, Aerodromes, Water and Sewerage Works including conservation and irrigation, Public Works and Services, prevention, suppression and extinguishment of fires, (excepting persons employed under the provisions of the Commonwealth Public Service Act), hospitals, Benevolent Homes, Dispensaries, Asylums, Mental Hospitals, Sanitariums, Rest Homes, Retirement Communities and Homes, Convalescent Homes, Medical Schools, Laboratories, Colleges, Industrial and Other Homes, Charitable Institutions, Ambulance Work, Welfare Organisations, Doctors and/or Dental Surgeries, Clinics and Practices, Provision of Medical, Paramedical and/or Nursery Care for aged persons in Day Care Centres and/or Homes, Provision of care and training to the intellectually and/or physically disabled and/or psychiatrically disabled and/or developmentally disabled and work ancillary thereto in Hostels, Day Care Centres and Homes (but excluding persons employed as social and/or welfare workers employed in social support services, other than persons employed by the Harry Giese Centre, Tangentyere Council, FORWARD, YWCA Youth Refuge (Darwin), Katherine Aboriginal Action Group, Alice Springs Drug and Alcohol Services Association and Institute for Aboriginal Development and excluding registered medical practitioners other than those employed in non-government aboriginal health services and excluding registered or enrolled nurses or persons entitled to be registered or enrolled by any nurse registration authority employed as such), Construction and Maintenance of Fuel Oil and Petrol Tanks, and Pipelines, Municipal Works and Services, Construction and Maintenance and operation of Railways, Surveying, the industry of harvesting and/or processing of finfish (wet fish), crustacea, molluscs and/or plankton (whether for commercial or for game purposes) and whether on water or on land; Net-making, Clerical Work, Brewing, Motor Driving, Shipping, Saddle-making, flour milling including all employees employed in handling, manufacturing, packing and distributing flour in flour mills and/or flour mill depots; Baking, including bread manufacturing, pastry cooking, biscuit making, industry; Cordial and aerated waters manufacturing, fruit juices and all alcoholic and non-alcoholic drinks, the industry of hairdressing and scalp treatment and/or beauty care and/or body care/massage; all workers engaged in the conduct of Hotels, Clubs, Restaurants, motels, boarding establishments, guest houses, hostels and/or any other type of accommodation and/or catering, food preparation and/or processing industry; the provision, conduct, or supervision in clubs, hotels, motels, restaurants, tourist complexes, convention centres or casinos or games of chance or any other gambling activities or facilities Shops, Stores, Laundries, employees employed in or in connections with, including selling tickets by any means in connection therewith, in or about any kind of amusement, whether indoor or outdoor, including Picture Theatres, sporting and amusement establishments; persons employed to perform work in the service of any port authority whether or not the port authority is included within the definition of "the Public Service" in Section 3 of the Public Service Arbitration Act, 1920-1973 (except persons employed to perform work for Nabalco Pty. Limited or any subsidiary or successor thereof at Gove of any kind referred to in the definition of 'waterside worker' as defined in the Stevedoring Industry Act 1956 to 1973); and all kinds of general labour.

Without in any way limiting, or being limited by, the generality of the foregoing, the Union shall also consist in the Northern Territory of persons employed to perform work in or in connection with any one or more of the following industries and/or industrial pursuits:-

(A) Civil and/or mechanical engineering;

(B) The construction industry, including -

The building, construction, erection, maintenance, repair and/or demolition of:-

(a) Any building, plant, complex or structure; or

(b) Any civil or mechanical engineering project or work.

(C) All work in joinery establishments or establishments concerned with the prefabrication of items (including structures) for use in or in connection with building or construction.

(D) All work or works ancillary or incidental to any of those covered by the paragraphs (A), (B) or (C) above.

Provided that in the Northern Territory, unless eligible otherwise under these rules, apart from this Part 4, the following shall not be eligible for membership:-

a. any boilermaker or any of the following persons engaged or employed in the engineering industry, viz.: Fitters, Turners, Machinists, Blacksmiths, Plumbers, Electrical Fitters, Pattern-makers and Engineers generally;

b. any person or classes of persons who are eligible to become members of the Australasian Meat Employees Union;

c. persons employed under the provisions of the Commonwealth Public Service Act and eligible for membership pursuant to the existing conditions of eligibility for membership in The Australian Public Service Association (Fourth Division Officers) as at 17 March 1953, the Electrical Trades Union, the Commonwealth Public Service Artisans Association, the Amalgamated Postal Workers' Union of Australia, The Federated Union of Locomotive Enginemen, the Commonwealth Public Service Clerical Association, the Storemen and Packers' Union;

d. persons employed under the provisions of the Commonwealth Railways Act 1917-1950 in the Commonwealth Railways from Alice Springs to Quorn, eligible for membership pursuant to the existing conditions of eligibility for membership in the Australian Workers' Union;

e. persons principally engaged in the transportation of goods or persons upon public roads by motor vehicle except in or in connection with the following industries:

Pastoral; Construction and Maintenance and Operation of Railways; Municipal Works and Services; Mining (except employees at Groote Eylandt Mining Co. Pty. Ltd. at Groote Eylandt, and employees engaged in the mining or treating bauxite at Gove); Milling, Smelting and Refining of Ores; Quarrying; Building and Construction Works; Public Works and Services; Construction and Maintenance of Roads, Aerodromes, Water and Sewerage;

f. Clerks (other than storeman-clerks, station book-keepers, and shipping clerks).

PART 5:

In the State of New South Wales

artists' model; billiard marker; manufacture of pytram aircraft and industrial components therefor; manufacture of window display models (otherwise than in a shop or wholesale warehouse) excepting such articles made of metal; trained, trainee and untrained make-up artist, (excluding persons employed in a shop in or in connection with the sale or demonstration of cosmetics perfumes and toilet preparations); persons employed in or in connection with the manufacture, processing warehousing and dispatch of refined sugar, refined sugar products, carbon dioxide, alcohol and other distillery products and/or of building and associated materials in the establishments of the CSR Limited and CSR Timber Products at Pyrmont or any establishment operated in lieu thereof, persons employed or usually employed in or in connection with experimental research and pilot plant work at the establishment of CSR Research Pty Ltd, but excluding in respect of each of the said establishments persons who are Staff employees employed at a yearly rate of pay and tradesmen's assistants and metal workers (but not riggers) but excluding persons principally engaged at clerical duties in the foregoing industries and/or industrial pursuits;

In the State of Queensland

(A) manufacture of compressed fibre board and similar products, beauty treatment, hairdressing, scalp treatment, wigmaking including barber, beautician, hairdresser, hairworker, manicurist, maxillo-facial technician, wigmaker, oil extracting and processing; manufacture of ship or boat fenders; modelling, compering, including mannequins and mannequins' comperes (excluding persons employed in a shop); pharmaceutical chemist or unregistered pharmaceutical chemist; industrial chemist; laboratory assistant; dental technologist; radiographer; attendant, assistant and/or receptionist in dentists', doctors' and optometrists' surgeries and/or consulting rooms; swimming baths and/or pools; libraries (except library attendant principally engaged in clerical duties); optical mechanics and technicians, assistants and attendants to opticians, spectacle makers; jeweller, watchmaker including mounter, setter, chainmaker, swivelmaker, bolt ringmaker, ringmaker, polisher, lapper, melter, refiner, bracelet and bangle maker, stamper, silversmith, spinner, goldsmith, gilder, chaser, engraver, watch, clock, clockwork, electric and spring dial clockmaker, repairer, attendant and winder, jeweller's tool maker and renovator of electroplated ware, metal badge maker, enameller, jewel case maker, engraving copper plates, seal dies or other dies stamps and all persons engaged wholly or partly in manufacturing or repairing jewellery, watches clocks teacher aide; used car yards; tow truck operating; sportsgrounds; laundrettes and/or laundromats; accommodation industry including all employees employed in domestic work in boarding houses, accommodation houses, motels (other than motels licensed to sell intoxicating liquor), flats, clubs, hostels, residential colleges, and similar types of establishments; biscuit manufacture including all employees employed in handling, manufacturing, packing and distributing biscuits in biscuit manufacturing establishments; bread baking including all employees employed in handling, manufacturing, packing and distributing bread and bread crumbs in bread bakeries and/or bread bakery depots; catering including all employees employed in establishments, businesses, clubs, canteens and institutions or sections thereof which cater for and/or prepare and serve food or food and drinks excluding persons employed in or in connection with airports; confectionery manufacture, including all employees employed in handling, manufacturing and distributing confectionery; flour milling including all employees employed in handling, manufacturing, packing and distributing flour in flour mills and/or flour mill depots; pastry-cooking, including all employees employed in handling, manufacturing, packing and distributing cakes, pastrycooks goods, and cheese-cakes and/or similar products in pastrycooking, cake making and/or any establishment wherein such goods are made but excluding persons principally engaged at clerical duties in the foregoing industries and/or industrial pursuits but this exclusion shall not apply to restaurant receptionists and/or cashiers; assistants and/or receptionists in dentists' surgeries; and shop assistants employed in pastrycooks and cake shops; provided that, except where the context otherwise indicates, persons principally engaged in selling or distributing goods or in selling or demonstrating cosmetics, perfumes and toilet preparations shall not be eligible for membership pursuant to the foregoing provisions of this part of this paragraph.

(B) Notwithstanding the foregoing rules, all persons who are or may be employed in the Private Pathology Industry and who may be employed in any of the following capacities: pathology specimen collectors, couriers and clerical employees associated with the general administration of a practice, including any clerical functions associated with the activities of collectors or couriers, storeworkers, and all other employees not otherwise eligible for membership of the State Public Services Federation Queensland Union of Employees as at 1 May 1996 shall also be eligible for membership (excluding medical practitioners);

(C) Persons employed in the Ambulance Industry including all persons employed by the Queensland Ambulance Service or its successors, however named, with the exception of:-

(a) persons eligible to become members of the Australian Federation of Air Pilots;

(b) employees whose conditions of employment are prescribed by an Award of the Queensland Industrial Relations Commission or other industrial instrument as at 25 March 1996 and such Award or industrial instrument directs preference of employment towards the following industrial organisations:-

(i) State Public Services Federation Queensland Union of Employees;

(ii) Australian Municipal, Administrative, Clerical and Services Union , Central and Southern Queensland Clerical and Administrative Branch, Union of Employees;

(c) employees of contractors and/or sub-contractors, employed to perform work for the Queensland Ambulance Service from time to time;

(d) employees of the Medical Division employed as Medical Director and Research Officer;

(e) employees of the Technical Service Division employed as Fleet Co-ordinators, Communications Engineer and Radio Technicians;

(f) employees appointed to the positions of Commissioner, Deputy Commissioner or Assistant Commissioner.

(D) The membership of the Union shall also consist of blind persons who wish to band together to improve the working conditions of the blind, to assist in the obtaining of the objects of the Union as set out in this constitution, and to abide by this constitution and rules.

In the State of South Australia

(A) cycle building, assembling and repairing; milk or cream depots; manufacture of products from milk or cream; motor tyre retreading or repairing; rubber worker; jeweller; watchmaker; optical mechanic; preparation for sale of poultry (poultry catchers at poultry-raising establishments only); stonemason, including, without limiting the meaning of the foregoing term, persons employed in or in connection with the work of cutting or dressing or preparing or setting of all kinds of stone, marble, slate, terrazzo or similar compositions used for in or in connection with building or monumental work; registered pharmaceutical chemist employed as a manager or a managing assistant of a hospital dispensary, the dispensary of a medical practitioner or public institution or as:-

Assistant who is a qualified pharmaceutical chemist, or as:-

Apprentice to a pharmaceutical chemist who is serving under Articles of Apprenticeship duly registered with the Pharmacy Board of South Australia or as:-

unregistered assistant who has not served an apprenticeship to a pharmaceutical chemist or as:-

unregistered assistants who have served a prescribed term of apprenticeship under any Pharmacy Act, with a pharmaceutical chemist, and who are proceeding to registration as a pharmaceutical chemist, and who are engaged in or in connection with dispensaries connected with friendly societies or hospitals or public institutions or conducted as part of the practice of duly qualified medical practitioners, in the compounding, dispensing, preparation, manufacture, distribution and sale of drugs, medicines, chemicals, medicinal substances and admixtures thereof; but excluding persons principally engaged at clerical duties in the foregoing industries and/or industrial pursuits; provided that persons employed in a shop principally engaged in selling shall not be eligible for membership pursuant to the foregoing provisions of this paragraph, provided further that any person -

(i) principally engaged as a hardware shop assistant, or a salesman, or who is a registered pharmaceutical chemist employed as a manager or managing assistant of a retail pharmacy, and

(ii) who was, as at 31st August, 1973, a member of the (S.A. Registered) F.M.W.U. of Australia

shall be eligible for membership.

(B) Workers employed in the State Government Service and Government (i.e. State Government) Subsidised Institutions, and all district and other hospitals.

(C) An unlimited number of persons who are employed or usually employed to perform work in or in connection with any one or more of the following industries and/or industrial pursuits, namely:-

Hospitals, Benevolent Homes, Dispensaries, Asylums, Mental Hospitals, Sanitariums, Rest Homes, Retirement Communities and Homes, Convalescent Homes, Medical Schools, Laboratories, Colleges, Industrial and Other Homes, Charitable Institutions, Ambulance Work, Welfare Organisations, Doctors and/or Dental Surgeries, Clinics and Practices, Provision of Medical, Paramedical and/or Nursery Care for aged persons in Day Care Centres and/or Homes, Provision of care and training to the intellectually and/or physically disabled and/or psychiatrically disabled, and/or developmentally disabled and work ancillary thereto in Hostels, Day Care Centres and Homes (but excluding persons employed as social and/or welfare workers employed in social support services other than persons employed in the health industry and excluding medical practitioners and excluding registered or enrolled nurses or persons entitled to be registered or enrolled by any nurse registration authority employed as such).

(D) Persons employed in water and sewerage services by¹:

(a) the South Australia Water Corporation [“SAWC”] and United Water International Pty Limited [“United Water“] undertaking work previously performed by the Engineering and Water Supply Department [“EWS”] as at 31st December 1994, whose terms and conditions of employment are determined by the United Water Employees’ Interim Award 1995 and the South Australia Water Corporation Terms and Conditions of Employment Award 1999, including any agreement made in connection with those Awards, and any successor award or agreement thereto applying to work within the scope of the above award/s and/or agreements as at 4th July, 2001.

(b) employees of any successor to the corporations named in clause (a) or other employer who enters into a contract with the South Australia Water Corporation or successor authority, to provide water and sewerage services to the public of South Australia undertaking work which was previously performed by the EWS as at 31st December 1994.”

Note 1. A copy of the agreement between the union and the CEPU, a copy of which was tendered and marked Exhibit LHMWU 5 in proceedings in matter D No. 2003 of 2000, may be inspected in any Registry of the Industrial Registrar.

In the State of Western Australia

(A) manufacture, preparation or processing of butter, casein, cheese milk or yoghurt; production and/or processing (by total environment methods) of game and poultry; manufacture and/or distribution of aerated waters, all types of soft drinks, fruit juices, cider, cordials and syrups; manufacture of records, rolls, tapes, or any such like article used for reproducing purposes, manufacture, preparation, processing or treatment of coated abrasives; candles; cotton; felt or felt products; glycerine; soap or soda; tobacco or tobacco products; teacher aides (however described at the place of employment); ambulance and first aid attendants; rag picking; flock or cotton waste maker; rope and twine (excluding persons engaged principally in or in connection with the wholesale and/or retail industry); wool scouring (excluding persons employed in sorting and classing) or fellmongery; mounter, setter, chainmaker, swivelmaker, belt ring maker, repairer, ring maker, polisher, lapper, melter, refiner, bracelet and bangle maker, stamper, silversmith, spinner, goldsmith, gilder, chaser or engraver, watch, clock, clockwork, electric and spring dial clock maker, repairer, attendant and winder, jewellers' tool maker and optical technician, lapidaries' spectacle maker, maker and renovator of electroplated ware, (when working for jewellers or watchmakers other than persons employed in a shop principally engaged in selling), metal badge maker, jewel case maker, and all persons engaged wholly or partly in manufacturing or repairing jewellery, watches or clocks in any of the above branches (other than persons employed in a shop principally engaged in selling); drying and refining of salt; handling of scrap metals, or wrecking or dismantling of plant or machinery for scrap salvage other than in an establishment engaged principally in the production of iron and steel; reclamation of drums; and (excluding persons employed in a shop principally engaged in selling and persons engaged principally in or in connection with the making preparation handling putting up reception sale demonstration and/or delivery of drugs, pharmaceutical goods and medicinal chemicals and cosmetics and perfumes), artificial fertilizers, acids, bonemill, animal manure, phosphate, superphosphate, compost, bird manure, fish fertilizer, sea-weed, lime or other mineral processing, and/or other chemical industries including potash, arsenical-compound, sodium, sodium- sulphate, saltpetre, antimony-ore, woodmeal, borax, potassium-chloride, potash-muriate, potassium-nitrate, ammonium-nitrate, golden-sulphide-of- antimony, sulphate-of-iron, trisodium phosphate, didalcic-phosphate, formalin, phosphoric-acid, acetic-acid, muriatic-acid, sulphurous-acid, puritic-acid, lime-sulphur, hyposulphite-of-soda, limil, caustic-soda, sulphate-of-copper, carbon-tetra-chloride, black-hypo, derris-products, mineral-wool, manganese sulphate, agrosan, copper-carbonate, copper-oxy- chloride, carbon-bi-sulphide, nicotine-sulphate, copper-sulphate, arsenate of lead, arsenate-of-calcium alunite, glauconite, silica- products, alkali chlorites, chlorine, soluble-alkali silicates, stannic- chloride, hydrochloric acid, sulphuric-acid, nitric acid, arsenic pentoxide, arsenic-acid, phenol-processing, beta naphthol, ammonium- chloride, ammonium-sulphate, ether-andethyl-chloride, calcium, aluminium and zinc sterrates, phthalic-anhydride, sodium-bi-sulphite, sodium arsenate, lactic acid, sylphanilamide, phosphate-compounds, sulphur dioxide, carbon-di-oxide, carbolic-acid, formaldehyde, fungicides, insecticides, veterinary medicines, synthetic hormones, solvents, power alcohol, alkali, synthetic ammonia, bleaching powder or liquid, liquid cattle dips, stock licks, marking fluid, speddo, milk oil fluid, branding liquid, tricalos, stock food, itch fluid, foot rot paste, blow fly repellent, molasses manufacture or processing and also food processing works within the Kimberley Land Division, but excluding persons principally engaged at clerical duties in the foregoing industries and/or industrial pursuits; provided that persons who are tradesmen's assistants riggers and metal workers employed in a maintenance section of an establishment in the foregoing industries shall not be eligible for membership pursuant to the foregoing provisions of this paragraph.

(B) Persons employed in water and sewerage services by¹:

(a) the West Australian Water Corporation, Serco Water (WA) Pty Ltd, Dawson AOC Water Services Limited, Western Water Services Pty Ltd, undertaking work previously performed by the West Australia Water Authority [‘WAWA”] as at 31st December 1994, whose terms and conditions of employment are determined by the Metropolitan Water Supply Sewerage and Drainage Employees Western Australia Award 1988 including any agreement made in connection with that award, and any agreement covering the abovenamed organisation, and any successor award or agreement thereto that applies to work within the scope of the above award/s and/or agreement/s as at 4th July, 2001.

(b) employees of any successor to the corporations named in clause (a) or other employer who enters into a contract with the West Australia Water Corporation or successor authority to provide water and sewerage services to the public of Western Australia undertaking work which was previously performed by WAWA as at 31st December 1994.

(C) Any person who is employed, or is usually employed, in any hospital in the State of Western Australia other than persons being trained as nurses in registered training schools or persons who are employed as nurses and who are registered or are entitled to be registered under the Nurses' Registration Act 1922, or the Health Act, 1911-1923; provided that this exclusion shall not be deemed to include enrolled nurses or pupils undergoing training as enrolled nurses.

Persons, employed in or in connection with the training or care of elderly or mentally, intellectually or physically handicapped people other than in hospitals or by the State Government. This sub-rule shall not extend to nurses registered on any register of the Nurses' Board of Western Australia, other than enrolled nurses.

For the purposes of this rule, the term "hospital" shall include

(a) Establishments operated other than for profit or by Government:-

(i) Providing accommodation and personal care services for frail, aged or handicapped persons and at which staff are available to help frail residents with bathing and dressing, cleaning rooms, personal laundry and oversight of medication and at all times, to assist in case of emergency; or

(ii) Operated as after-care mental hostels.

(b) Establishments known as Princess Margaret Hospital for Children, Sir James Mitchell Spastic Centre, N'Gal-a Mothercraft Training Centre, The Braille Hospital, Hawkevale, Nadezda, Homes of Peace, or other establishments of the same or like nature as the foregoing and any establishment providing health care or medical services including, without limiting the generality thereof, any service for disabled, handicapped or aged persons.

The provisions of this paragraph (C) shall not apply to:

(a) persons who work in professional administrative and clerical capacities;

(b) persons employed in any classification which at the 1st day of July 1982 was covered by an award or a deemed consent award to which the Hospital Salaried Officers Association of Western Australia (Union of Workers) was a party.

(D) (a) Cleaner, caretaker, lift attendant, window cleaner, watchman, charwoman, usher, door keeper, gatekeeper, porter, janitor, day or night patrolman, security officer, attendant in ladies' retiring rooms, and attendant in libraries, art galleries, museums, and car parks; the following classifications of persons employed on the Governor's establishment, or by a public authority or post- secondary education institution; gardener, gardener's labourer, maintenance man (other than tradespersons), maintenance labourer, groundsman, power mower operator, tractor mower operator, leading hand and home economics assistant (other than persons directly employed by Local Government authorities or Cemetery Boards), the following classifications of persons employed in National Parks, marine and nature reserves, parks, recreation camps and Zoological Gardens (other than persons directly employed in parks wholly operated by Local Government authorities or Cemetery Boards); keeper, gardener,gardener's labourer, maintenance man, maintenance labourer, groundsman, warden, aquarist and ranger. (Provided that the term gardener shall include horticulturist).

(b) A person employed, in any of the callings mentioned in paragraph (a) hereof, by a contractor engaged in the industry or industries in connection with which this union is registered shall, notwithstanding any possible implication to the contrary from the foregoing, be eligible for membership of this union.

(E) (a) Any graduate of a University or College of Advanced Education or Child Care Certificate Course or equivalent who -

(i) holds a certificate, diploma or degree specializing in early childhood care and/or education; and

(ii) is or usually is actively engaged in teaching and/or caring for children under the age of six years.

(b) Any teacher with qualifications equivalent to that outlined in paragraph (a) hereof, approved by the Australian Early Childhood Association and who is or usually is actively engaged in teaching children under the age of six years.

(c) Any teacher who holds a certificate of a Teachers' Training College approved by the Australian Early Childhood Association and who is or usually is actively engaged in teaching children under the age of six years.

(d) Any other graduate of a course in early childhood education at a University or College of Advanced Education who is employed or usually employed in or in connection with pre-school teaching and/or child care and whether or not in a teaching capacity.

(e) Any person who holds a recognised qualification in early child care and who is or usually is actively engaged in the care of children under normal primary school age.

(f) Any graduate with early childhood education qualifications as specified in paragraphs (a) - (e) hereof who is or is usually engaged in administration or supervision of services for education or care of children under the age of six years.

(g) Any graduate with early childhood education qualifications as specified in paragraphs (a) - (e) hereof who is or is usually engaged in tutoring or lecturing to students of childcare or early childhood education.

(h) Persons employed as enrolled nurses or pupils undergoing training as enrolled nurses in child minding centres, health or physical culture studios.

(F) Any persons employed as enrolled nurses or pupils undergoing training as enrolled nurses.

(G) Persons employed in community health work by non-Government Aboriginal Agencies other than persons who work in a professional, administrative or clerical capacity, and other than registered nurses, but not excluding enrolled nurses.

(H) Persons employed in or in connection with the following callings or industries:

The callings of Bakers (hand or machine), Pastrycooks, Confectioners, Apprentices and all others engaged in the manufacture, preparation, handling or processing of bread, pastry and confectionery.

(I) Persons employed in or in connection with the industries of laundries, drycleaning and/or linen repair including but not limited to tradesperson drycleaners, receivers and despatchers, cleaners, repairers, spotters, pressers, hand ironers, wet cleaners, steam air-finishers, examiners of garments, assemblers of garments, sorters of garments, washing machine operators and laundry hands.

In the State of Tasmania

attendant, assistant or receptionist in dentists', doctors' and optometrists' surgeries or consulting rooms; domestic staff, groundsman or yardman in schools and colleges; industrial chemist; industrial chemists' assistant; hairdresser; manicurist; manufacture of products from milk or cream; radiographer; traffic warden; x-ray technician; but excluding persons principally engaged at clerical duties in the foregoing industries and/or industrial pursuits but this exclusion shall not apply to attendants, assistants or receptionists in dentists' surgeries.

Prisons or correctional facilities, however described, but excluding:

(i) persons employed as General Manager, Operations Manager, and Accommodation Manager, Risdon Prison Complex, Manager Hayes Prison Farm, Manager Launceston remand Centre, and Manager, Hobart remand Centre;

(ii) persons employed in offender services in the Tasmanian prison services such as programs, industries and prison support provided that this exclusion does not extend to correctional officers or industry supervisors; and

(iii) persons employed in Departmental positions in or in connection with prisons in Tasmania provided that this exclusion does not extend to correctional officers or industry supervisors.

Provided that persons

(a) principally engaged in the transportation of goods or persons by motor vehicles upon public roads (excepting in the State of New South Wales, persons employed by CSR Limited, CSR Timber Products or CSR Research Pty Ltd; in the State of Queensland, persons employed in the ambulance industry including all persons employed by the Queensland Ambulance Service or its successors; in the State of Western Australia, persons employed in ambulance services) and;

(b) who would be ineligible for membership if the rules of The Federated Miscellaneous Workers Union of Australia as at the first day of September, 1973, had remained in force

shall not be eligible for membership pursuant to the foregoing provisions of this Part.

Part 5:

Provided that any person employed as an agricultural scientist, bacteriologist, biochemist, biologist, botanist, chemist (other than a pharmacist in a dispensary and/or retail pharmacy or a chemical assistant or laboratory technician employed by the Colonial Sugar Refining Co. Ltd., Hardboards Australia Ltd., or C.S.R. Research Pty. Ltd. or a leather chemist in the tanning industry) chemical engineer, entomologist, geologist, mathematician, metallurgist, microbiologist, mycologist, pathologist, pharmacologist (other than a pharmacologist employed in a dispensary and/or a retail pharmacy), physicist, physiologist or zoologist (other than a zoologist employed at a zoological garden in one of the States of Victoria, Tasmania, South Australia or Western Australia) and who possesses or is qualified to possess a degree, tertiary diploma or equivalent professional educational or technical qualification shall not be eligible for membership.

Part 6:

1. The Flagstaff Industrial and Commercial Services Group Ltd. (The Flagstaff Group)

2. Document Management Solutions

3. Flagstaff Engineering

4. Leisure & Coastal Canvas Supplies

5. Monika's Kreative Kitchen

excluding employees of any service undertaken by the Flagstaff Group concerning placement services for people with disabilities into open industries other than placements for existing employees of the Flagstaff Group.

Part 7:

Without in any way limiting and without in any way being limited by the conditions of eligibility for membership elsewhere in this rule, the Union shall also consist of persons who are employed or usually employed (other than in the State of Western Australia) in the supported employment business services industry, excluding employees of services which operate placement services exclusively for persons employed by supported employment business services and excluding employees of supported employment business services who carry out work associated with the provision of residential services.

Part 8:

Without in any way limiting and without in any way being limited by the conditions of eligibility for membership elsewhere in this rule, the union shall also consist of persons, other than academic staff, wholly or substantially employed in the higher education industry, who:

In the State of Western Australia

are employed by Murdoch University, Edith Cowan University, The University of Western Australia and Curtin University of Technology other than professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations.

In the State of New South Wales

are employed by the University of New England, University of New South Wales (other than employees employed in the Medical School), University of Newcastle (other than employees employed in the Medical School), Charles Sturt University, the University of Wollongong and the Southern Cross University, other than professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations.

In the State of Victoria

are employed by the University of Melbourne, LaTrobe University, Victorian College of Agriculture and Horticulture Limited, Ballarat University College, Deakin University, Swinburne University of Technology, LaTrobe University College of Northern Victoria, Victoria University of Technology, Royal Melbourne Institute of Technology, Victorian College of Pharmacy, Hawthorn Institute of Education Limited, Victorian College of the Arts and Monash University other than professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations and other than Attendant Building, Parking Attendant, Engineering Services Officer and Plant Technician employed by Monash University.

In the State of Tasmania

are employed by the University of Tasmania other than professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations.

In the Northern Territory

are employed by the Northern Territory University.

In the State of South Australia

are employed by the University of Adelaide, Flinders University of South Australia and the University of South Australia other than professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations.

In the State of Queensland

are employed by the University of Queensland, Griffith University, James Cook University of North Queensland, Queensland University of Technology, The University of Central Queensland and the University of Southern Queensland other than professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations.

In the Australian Capital Territory

are employed by the Australian National University and the University of Canberra.

Part 9:

Without in any way limiting and without in any way being limited by the conditions of eligibility for membership elsewhere in this rule, the Union shall also consist of persons employed in or in connection with the following industries or callings: Pastrycooks, Biscuitmakers, Ornamenters, the manufacture and preparation for sale of bread in Victoria, flour and sugar goods.

Part 10:

(A) Without in any way limiting or being limited by the conditions of eligibility for membership elsewhere in this rule, the following persons shall also be eligible for membership: any person employed as an ambulance employee in Victoria, provided that any employee who is eligible for membership of the Shop,

Distributive and Allied Employees Association of Australia, shall not be eligible for membership under this sub-rule.

(B) (1) Without limiting or in any way being limited by the conditions of eligibility for membership elsewhere in this rule, the following persons shall also be eligible for membership: all employees who work in or in connection with the provision of ambulance services in Victoria.

(2) Without limiting the generality of Part 10 (B) (1), "ambulance services" include the following work: emergency patient care of the kind customarily provided by ambulance employees, patient transport, ambulance communications, clerical and administrative work in connection with the provision of ambulance services including the collection and processing of ambulance subscriptions and patient accounts, he maintenance of ambulance infrastructure, equipment and vehicles and the provision of supervision and training services for the foregoing employees.

Part 11:

Without in any way limiting and without in any way being limited by the conditions of eligibility for membership elsewhere in this rule, the Union shall consist of all persons employed or to be employed by Aboriginal Hostels Limited in hostels or similar accommodation.

Part 12:

• Taubmans Ltd, or by

• Wattyl Ltd in New South Wales, Victoria, Australian Capital Territory and Northern Territory;

In or in connection with retail paint outlets (including retail stores) operated by or on behalf of paint manufacturers, or their franchisees.

Part 13:

Without in any way limiting or being limited by the conditions of eligibility for membership elsewhere in this rule, the following persons shall also be eligible for membership; persons employed in or in connection with the Industry of Bread (including hamburger buns, bread rolls and crumbs), Yeast Goods, Crumpets, Cakes, Pastry, Pastry Goods and Allied Products Manufacture and Distribution from the manufacturer to the manufacturer's customer but does not include persons employed as a shop assistant; together with persons who are employees who are qualified to be employed in and in connection with the said Industry; together with persons whose usual occupation is that of employee in the said Industry; together with persons employed in the said Industry in New South Wales who are employees for the purposes of the Industrial Arbitration Act 1904 as amended from time to time of that State, in Queensland who are employees for the purposes of the Industrial Conciliation and Arbitration Act 1961 as amended from time to time of that State, in South Australia who are employees for the purposes of the Industrial Conciliation and Arbitration Act 1972 as amended from time to time of that State and in Western Australia who are employees for the purposes of the Industrial Arbitration Act 1912 as amended from time to time of that State.

Provided that there shall not be eligible for membership of the Union any persons who are or would have been eligible for membership of the Transport Workers' Union of Australia in accordance with its registered rules as at 19 October 1978 except:

(i) persons in the States of Victoria, New South Wales and Queensland who are wholly or partly engaged in the industry of bread carting including bread carters, spare drivers, foreman carters, bread-packers, inspectors, and collectors; or

(ii) persons in the State of South Australia and Tasmania engaged in the selling, carting or delivery by carting of bread, cakes, pastry, biscuits and allied products (but not including crumpets in the State of South Australia).

Provided further that any person employed in or in connection with the preparation and/or manufacture and/or distribution of pastry and/or pastry goods in the State of New South Wales shall not be eligible to be a member of the Union.

Part 14:

All persons employed or to be employed in the Territory of the Cocos (Keeling) Islands in or in connection with or incidental to, the industries or industrial pursuits of:

construction, building and building maintenance including all electrical, mechanical, plumbing, painting, furnishing and labouring work; laundry and dry cleaning; child care and child minding; manufacturing including the manufacturer of clothing, footwear and tourist artefacts; transport including maritime transport; waterfront; cemetery and undertaking; warehousing and all stores; water and sewerage works; animal welfare; animal, marine and wildlife establishments; Statutory Authorities, Boards or Commissions; public works and services; mining; gardening and greenkeeping; agricultural and horticulture; the manufacture and preparation of all food stuffs and aerated waters; retail; community services; health, dental but excluding medical services and registered nurses; emergency and safety services; education excluding teachers; tourism; security and watching; theatre, performing, sporting, amusement and recreational establishments and activities; accommodation, catering, hospitality, gaming, hotels, motels, resorts, restaurants, clubs; private sector administration and clerical work; and work carried out by employees of Cocos (Keeling) Islands Shire Council or a successor body or bodies thereto, throughout the Territory of the Cocos (Keeling) Islands, where such persons are employed for the performance of work wholly or mainly in the Territory

Provided that the following person shall not be eligible under this sub rule:

(i) persons who are from and employed from mainland Australia to work on specific projects where such projects are for a finite period;

(ii) performers and associated technical personnel engaged elsewhere in Australia for a limited season or for location filming in the Territory of the Cocos (Keeling) Islands

(iii) persons eligible to be members of the Australian Maritime Officers Union and Maritime Union of Australia employed as Marine Officers, Coxswains, Deckhands or such other positions requiring marine qualifications;

(iv) persons eligible to be members the Australian Institute of Marine and Power Engineers;

(v) Persons employed or appointed under the provisions of the Australian Federal Police Act at the Cocos (Keeling) Islands;

(vi) Government officers seconded or transferred to the Cocos (Keeling) Islands

who are eligible to be members of the Community and Public Sector Union provided that this shall not apply to persons employed as Library Assistants and School Secretarial Staff employed by the Cocos Island Cooperative or persons employed by the Administrator and/or the Administration of the Cocos (Keeling) Islands who are residents of the Cocos (Keeling) Islands.

(vii) members of the Association of Professional Engineers, Scientists and Managers Australia employed by the Cocos (Keeling) Island Shire Council or any successor body thereto.

(viii) Persons eligible to be members of the Australian Services Union employed by the Cocos (Keeling) Island Shire Council or any successor body thereto.

Part 15:

Without in any way limiting and without in any way being limited by the conditions of eligibility for membership elsewhere in this rule, the union shall consist of all persons employed or to be employed in or in connection with, the cultivation, production and harvesting of pearls and cultured pearls, in the Northern Territory employed as part of the operations of a pearl farm, and who are wholly or usually employed on site at the pearl farm.

Part 16:

Deleted

Part 17:

Any other person who is elected or appointed as an officer of the union or who is an official employed by the union to carry out the following functions and/or duties: organising, industrial, research, advocacy, publicity, education and training, occupational health and safety, workers compensation, superannuation, recruitment, or such other similar functions and/or duties, but not persons employed predominantly in a clerical and/or administrative capacity.

Part 18:

No restriction or qualification to the eligibility for membership under any Part of this Rule shall restrict or qualify eligibility under any other Part of this Rule.

Part 19:

Without in any way limiting and without in any way being limited by the conditions of eligibility for membership elsewhere in this rule, the union shall also consist of persons who are employed in or in connection with any one or more of the following industries and/or industrial pursuits, namely:

(a) All persons employed in all work in or in connection with the preparation and sale of meals, snacks and/or beverages which are sold to the public to be eaten on the premises or taken away provided that notwithstanding anything in these rules to the contrary persons not otherwise eligible for membership shall not in consequence of the foregoing be eligible to join the union who are employed in all work in or in connection with the preparation and sale of meals, snacks and/or beverages which are sold to the public primarily to take away:

(i) where such work is carried out in shops or stores where this work is incidental to the primary role of the sale of consumer goods; and/or

(ii) in food service establishments which primarily provide a take away service where no alcohol is sold.

(b) All persons employed in all work in or in connection with the preparation and sale of food and/or beverages where such persons are employed by race courses, sporting venues, clubs, entertainment venues, exhibition centres, convention centres and like establishments.

(c) All persons engaged in privately run retail stores which are located on the following higher education campuses, namely:

In Western Australia:

Murdoch University,

Edith Cowan University,

University of Western Australia,

Curtin University of Technology.

In New South Wales:

University of New England,

University of New South Wales,

University of Newcastle,

Charles Sturt University,

University of Wollongong,

Southern Cross University.

In Victoria:

University of Melbourne,

La Trobe University,

Victorian College of Agriculture and Horticulture Limited,

Ballarat University College,

Deakin University,

Swinburne University of Technology,

La Trobe University College of Northern Victoria,

Victoria University of Technology,

Royal Melbourne Institute of Technology,

Victorian College of Pharmacy,

Hawthorn Institute of Education Limited,

Victorian College of the Arts,

Monash University.

In Tasmania:

University of Tasmania.

In Northern Territory:

Northern Territory University.

In South Australia:

University of Adelaide,

Flinders University of South Australia,

University of South Australia.

In Queensland:

University of Queensland,

Griffith University,

James Cook University of North Queensland,

Queensland University of Technology,

University of Central Queensland,

University of Southern Queensland.

In Australian Capital Territory:

Australian National University,

University of Canberra.

(d) All persons employed in stand alone photo processing establishments known as photographic mini-labs.

(e) All persons employed in shopping centres where such persons are employed by centre managements to carry out catering, cleaning, security, parking, lift attending, gardening, greeting and other like work.

(f) All persons employed by contract companies where found in the retail industry in the areas of catering, cleaning and security.

(g) All persons employed by contract catering companies who work in or in connection with the preparation and sale of meals, snacks and/or beverages which are primarily sold to the public to be eaten on the premises or taken away.

Provided that notwithstanding anything in these rules to the contrary persons not otherwise eligible for membership shall not in consequence of the foregoing be eligible to join the Union who are:

(i) All persons employed and/or to be employed in food services establishments trading as "Pizza Hut".

(ii) All directly employed persons engaged in retail stores in cleaning, store greeting, security, lift attending, store cafeterias and food services involving the preparation and sale of meals, snacks and/or beverages which are sold to the public primarily to take away and employees engaged in the photoprocessing sections of such stores.

All persons employed in photographic and camera stores.

(iv) All persons employed in the preparation and/or sale of take away food and/or beverages in food courts in shopping centres.

Provided further that nothing in Part 19 shall make eligible for membership employees employed in the State of Queensland outside the South Eastern Division of Queensland [being the area within the following boundaries in the State of Queensland: commencing at Point Danger and bounded thence by the southern boundary of the state westerly to 151 degrees of east longitude; thence by that meridian of longitude bearing true north to 24 degrees 30 minutes of south latitude thence by that parallel of latitude bearing true east to the sea coast; and thence by the sea coast southerly to the point of commencement; and all islands comprised in any state or federal electorate in the South-Eastern Division of Queensland].

Part 20:

Provided that persons (not otherwise eligible for membership) employed by Village Sea World Operations Pty Ltd and Warner Sea World Operations Pty Ltd (collectively trading as Sea World Enterprises) at the Sea World Theme Park, Gold Coast, and its associated facilities, shall not be eligible for membership.

Part 21:

Notwithstanding the provisions of Part 1 and Part 2 of Rule 3, the following persons shall not be eligible for membership of the Union:

All persons employed or to be employed by Kirby Banner Pty Ltd and Warner World Australia Pty Ltd (collectively trading as Movie World Enterprises) at the Movie World Theme Park, Movie Studios (except where such employees are engaged directly in the production of film or television programmes) and Wet'N'Wild Water Slide Complex at Oxenford in the State of Queensland.

All persons employed or to be employed by Janola Dale Pty Ltd, its successors, assignees or transmittees at Dreamworld Theme Park, Coomera, Queensland.

Part 22:

Persons employed or to be employed by Energy Developments Limited and/or its subsidiaries or related companies shall not be eligible for membership of the union pursuant to any rule of the union, and the union shall not have the right to represent under the Act the industrial interests of such persons.

Part 23: INDEPENDENT CONTRACTORS ELIGIBLE FOR MEMBERSHIP

The following persons shall also be eligible to be members of the union:

persons who are independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation under rule 3 of these rules.

Part 24

Notwithstanding any provision of this rule to the contrary and for the purpose of giving effect to orders made on 18 July 1996 and recorded in Print N3460, the union shall not have the eligibility to cover persons who are eligible to be members of The Australian Workers' Union in the following areas:

1. persons employed by Spotless in Commercial Support Program of the Australian Department of Defence contract work who are employed substantially in the following activities: grounds maintenance, tarmac maintenance, mechanical and electrical maintenance, building repair and/or maintenance, technical or supervisory and generally other persons whose work activities may generally be characterised as 'outdoor work'.

2. persons employed in contract cleaning and associated work undertaken by Event Services (excluding catering or food services work), in the following activities/locations: Homebush Bay Showground and services directly provided in association with events at the showground, the Eastern Creek Equestrian Centre, the Royal Hall of Industries, the Hordern Pavilion and associated facilities in regard to exhibitions at Paddington, and the AGVIEW event conducted at Camden (previously administered by the Royal Agricultural Society of New South Wales).

3. persons employed by Cleanevent Pty Ltd primarily employed in cleaning work in the following activities/locations: race courses, motor racing, golf tournaments, agricultural and horticultural events, outdoor entertainment venues (other than at sports stadiums), and employees performing horticultural work in sports stadiums/venues.

This rule shall not apply in the State of Queensland and the Northern Territory.

Part 25

Notwithstanding any provision of this rule to the contrary, the union shall have the eligibility to cover persons employed by the operators in the correctional facilities and prisoner transport described below, other than persons employed as managers, medical practitioners, teachers, nurses and persons employed in administrative and clerical positions by the operators including those who may become eligible solely as a result of the Private Correctional Facilities (LHMW/CPSU) Demarcation Order 1998 [Print P9108]:

1. In Queensland: Persons employed by Australasian Correctional Management Pty Ltd ACN 051 130 600 (ACM) at the Arthur Gorrie Correctional Centre and by Corrections Corporation of Australia Pty Ltd ACN 010 291 641 (CCA) at the Borallon Correctional Centre.

2. In South Australia: Persons employed by Group 4 Correction Services Pty Ltd (Group 4) ACN 050 069 255 at the Mount Gambier Correctional Centre.

3. In New South Wales: Persons employed or engaged to work in any private correctional facility and prisoner transport, including the provision of security escort services to and from correctional facilities, courts and /or hospitals.

4. In Victoria and South Australia: Prisoner Transport operated by Group 4.

5. In Western Australia: Persons employed at Acacia Private Prison.

And, any successor in business (or part of the business or undertaking) concerned of the correctional facilities named herein or to the operators of the prisoner transport activities named herein.

Part 26

Notwithstanding any provision of this rule to the contrary, the union shall have the eligibility to cover persons employed by employers contracted by the Commonwealth Government to operate or manage immigration detention centres, other than persons employed as managers, medical practitioners, , teachers, nurses and persons employed in administrative, clerical and social and/or welfare positions.

1 The Geo Group Australia Pty Ltd v CPSU, The Community and Public Sector Union [2010] FWAFB 8678 10 November 2010

Printed by authority of the Commonwealth Government Printer