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QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

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					                               [Extract from Queensland Government Industrial Gazette,
                               dated 23 September, 2005, Vol 180, No.4, pages 227-228]

                            QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

                          Industrial Relations Act 1999 – s. 156 – certification of an agreement

              YMCA of Bundaberg Inc Bundaberg and District YMCA Youth Services and Another
                AND The Australian Workers’ Union of Employees, Queensland and Another
                                          (No. CA/2005/316)

                          YMCA OF BUNDABERG – CERTIFIED AGREEMENT 2005

COMMISSIONER BLADES                                                                                    5 September 2005


                                         REPORT ON DECISION (as edited)

In giving his decision from the Bench on 1 September 2005 on the discrete point of the right of The Australian
Workers’ Union of Employees, Queensland (AWU) to be heard in this certification hearing, Commissioner Blades said:

   “Section 155 of the Industrial Relations Act 1999 entitles all relevant employee organisations to be heard upon the
   application for certification.

   The employer raises an objection to the AWU exercising that right and there has developed a dispute as to which
   Award applies to the employment of the employees. That is an irrelevant consideration.

   What is a relevant employee organisation is defined in s. 155(4) and it is paragraph (a) of that subsection which has
   particular relevance in this case. That subsection is difficult to read at first glance. It provides that a relevant
   employee organisation is an employee organisation that is bound by an award or industrial agreement that binds the
   employer, or would bind the employer apart from an award under the Commonwealth Act.

   The employer says that the employer is bound by the Social and Community Services (Qld) Award 2001 which is a
   Federal award to which the AWU is not a party.

   But if that Federal award did not exist, the employer would be bound by the State common rule award applicable to
   those employees, namely the Disability Support Workers Award – State 2003 and that award, apart from the Federal
   award, would bind both the employer and the AWU.

   Whether the AWU has the right to be heard is not dependent on whether the Social and Community Services (Qld)
   Award 2001 or the Disability Support Workers Award – State 2003 applies for the purposes of the application of the
   no-disadvantage test. That is a separate issue.

   It is plain that the AWU is bound by the State award which would also bind the employer if it were not for the
   Federal award. That is enough to give the AWU the right to be heard.”.

Dated 5 September 2005.

By the Commission,                                                   Appearances:
[L.S.] G. SAVILL,                                                    Mr C. Mossman, BCI Law, with him Mr M.
Industrial Registrar.                                                Draper, for the Applicant.
                                                                     Messrs C. Simpson and P. Eldon for The Australian
Released: 7 September 2005                                           Workers’ Union of Employees, Queensland.
                                                                     Ms V. Semple for the Liquor Hospitality and
                                                                     Miscellaneous Union, Queensland Branch, Union
                                                                     of Employees.

                                                Government Printer, Queensland

                                         The State of Queensland 2005.

				
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