[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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