PR950621

Download Word Document

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

s.204 application for alteration of eligibility rules

CPSU, the Community and Public Sector Union

(D 2002/8)

Designated Presidential Member

SENIOR DEPUTY PRESIDENT WILLIAMS

MELBOURNE, 10 AUGUST 2004

Application for consent to alteration of eligibility rules

DECISION

[1] This matter arises out of an application by the CPSU, the Community and Public Sector Union (the CPSU) under s.204 of the Workplace Relations Act 1996 (the Act) for the consent of a designated Presidential Member to the alteration of its eligibility rules.

[2] The application was lodged in the Registry on 21 March 2002, prior to the coming into operation of the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) Act 2002.1 It is, therefore, to be determined under the provisions of the Act in force prior to 12 May 2003.2 Unless otherwise stated, references in this decision to the Act, the Regulations and the Rules of the Commission are, therefore, references to the Act, the Workplace Relations Regulations (the Regulations) and the Rules of the Commission as they were in force prior to that date.

[3] Notice of the application was advertised in the Commonwealth of Australia Gazette on 10 April 2002 and objections were lodged by or on behalf of the following -

  • Australian Municipal, Administrative, Clerical and Services Union and Paul Slape (ASU),
 
  • Australian Education Union (AEU),
 
  • Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union (CEPU),
 
  • David Richard Boston, William James Conroy and Jonathan Kirkness Hunt-Sharman on behalf of the Australian Federal Police Association (AFPA),
 
  • Erich Janssen on behalf of the Australian Medical Association (AMA),
 
  • The Association of Professional Engineers, Scientists and Managers, Australia (APESMA),
 
  • Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Australia (AMWU),
 
  • Independent Education Union of Australia (IEUA),
 
  • Liquor, Hospitality and Miscellaneous Union (LHMU)3,
 
  • Managers and Professionals Association (MPA)
 
  • National Union of Workers (NUW),
 
  • Police Federation of Australia (PFA),
 
  • Shop, Distributive and Allied Employees' Association (SDA),
 
  • Transport Workers Union of Australia (TWU),
 
  • Helen Zimmerman on behalf of acl Pty Ltd (ACL),
 
  • Australasian Correctional Management (ACM),
 
  • David Malcolm Patton on behalf of IBM Global Services Australia Limited (IBMGSA), and
 
  • EDS (Australia) Pty Ltd, EDS (Business Process Administration), EDS (Operations) Pty Ltd and EDS (Services) Pty Ltd (EDS group).
 
  • Drake Employment Services Pty Ltd (Drake)
 
  • NEATO Employment Services Limited (NEATO)

[4] Notices of objection were also lodged on behalf of various employers which were members of either Jobs Australia Limited or the National Employment Services Association. These objectors are, for the purposes of this decision, referred to collectively as the "JAL/NESA group".

[5] The application as originally lodged sought consent to the following alterations to the CPSU's eligibility rules -

[6] At the hearing on 26 September 2003, the CPSU informed the Commission

[7] The objections of the following objectors have now been settled and withdrawn subject to the reservation of the rights of objectors to pursue an objection should the CPSU seek at any time to proceed with the alterations proposed in paragraph (c) either in their original form or in an amended form. Details of such settlements are recorded in the following documents -

  • ASU
  • ASU 1
   
  • AEU
  • CPSU 1 & CPSU 12
   
  • CEPU
  • CPSU 22
   
  • AFPA
  • PN514
   
  • AMA
  • CPSU 4 & CPSU 12
   
  • APESMA4
  • CPSU 23, CPSU 24 & CPSU 25
   
  • AMWU
  • CPSU 6 & CPSU 18
   
  • IEUA
  • CPSU 2 & CPSU 12
   
  • LHMU
  • CPSU 14 & CPSU 20, Letter dated 3 November 2003
   
  • NUW
  • CPSU 11
   
  • PFA
  • CPSU 13
   
  • SDA
  • CPSU 3 & CPSU 10
   
  • TWU
  • CPSU 12
   
  • ACL
  • CPSU 5, CPSU7 & CPSU 15
   
  • ACM
  • CPSU 16
   
  • IBMGSA
  • CPSU 20
   
  • EDS group
  • CPSU 17
   
  • JAL/NESA group
  • JA 1
   

[8] The agreement reached between the CPSU and APESMA required the former to amend its application by inserting an exclusion clause in favour of certain persons eligible for membership of the latter. In doing so, reference was made to a sub-rule in the rules of the Managers and Professional Association, an organisation of employees which had amalgamated with APESMA and ceased to be registered.5 The CPSU and the APESMA have agreed that that reference should be read as a reference to the equivalent sub-rule in the rules of the latter.

[9] The objections lodged by Drake and NEATO were lodged within the time specified in my decision in transcript on 28 June 2002.6 They were lodged by a firm of legal practitioners who continued to receive all notices of listing and all directions concerning the filing and service of outlines and witness statements. Neither of those two objectors has complied with those directions. Nor has either continued to appear in the proceedings. I, therefore, consider that each of them does not wish to pursue its objection.

[10] The alteration to which consent is now sought as a result of all the agreements reached with the objectors is the insertion of a new sub-rule P into Part 1 of Rule 2 of Chapter A of the CPSU rules as follows7 -

[11] Having considered all the material that is now before me, I am satisfied as to the matters referred to in ss.204(2) and 204(4) of the Act. I am also satisfied that there has been compliance with the Act and the Regulations. I am not aware of any matter that needs to be considered for the purposes of s. 204(6A) and I am satisfied that I should not exercise the discretion conferred by 204(6B) to refuse to consent to the alteration as amended. Nor am I aware of any public interest grounds for refusing consent to the application as amended.

[12] In so far as consent is sought to the alteration proposed in paragraph (a) of the application, I consent in part, i.e. to the eligibility rules of the CPSU being altered as set out in paragraph [10] above. The alteration I have consented shall come into effect on 17 August 2004. As a result of this decision, the eligibility rules of the CPSU, on and from that date and until further altered, shall be as set out in the Annexure to this decision.

[13] In so far as consent is sought to the alterations proposed in paragraph (b), the application is dismissed without consideration of the merits. The consideration of the alterations proposed in paragraph (c) is adjourned to a date to be fixed. That part of the application will be relisted at the written request of the CPSU. However, should no such written request be received within six months of the date of this decision, that part of the application will be dismissed without consideration of the merits.

BY THE COMMISSION:

SENIOR DEPUTY PRESIDENT

Appearances:

M. Cooper, A. Waters and K. Betar for the CPSU, the Community and Public Sector Union.

B. O'Brien and J. Nucifora for the Australian Municipal, Administrative, Clerical and Services Union.

M. Butler and K. Lovett for The Association of Professional Engineers, Scientists and Managers, Australia.

M. Butler, K. Lovett and D. Sweet for the Managers and Professionals Association.

G. Whitehead and M. Nicolaides for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union.

J. Nolan, S. Bennett and T. Veenendaal for the Liquor, Hospitality and Miscellaneous Union.

J. Tisdale and L. Duffin for the Transport Workers' Union of Australia.

A. Parkes and L. Freeburn for the National Union of Workers.

R. Durbridge and L. Gale for the Australian Education Union.

D. James and L. Cotter for the Independent Education Union of Australia.

J. Heagney for the Shop, Distributive and Allied Employees Association.

L. Benfell for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

A. Duffy, L Hutchinson, J Cooney and K. Callil-Roberts for the Australian Federal Police Association.

M. Hogan and N. Baldini for the Police Federation of Australia.

K. Blake and R. Bunting for IBM Global Services Australia Limited.

I. Douglas QC, F. Turner, S. Caylock, M. Serong and D. McLaughlin for Australasian Correctional Management Pty Ltd.

I. Douglas QC, F. Turner, C. Ryan and S. Caylock for the JAL/NESA group.

I. Douglas QC, F. Turner and E. Ferrier for the EDS group.

I. Douglas QC and F. Turner for Drake Employment Services Pty Ltd and NEATO Employment Services Limited

H. Zimmerman for acl Pty Ltd.

Hearing Details:

2002.

Melbourne:

May 30

June 28

July 19

August 30

November 29

2003.

Melbourne

May 7

August 28

September 26

October 20

2004.

Melbourne

March 26

May 20

June 30

July 19

August 10

ANNEXURE

ELIGIBILITY RULES OF CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION

(Effective on and from 17 August 2004)

2 - CONSTITUTION AND ELIGIBILITY FOR MEMBERSHIP

Persons shall be eligible for membership of the Union under either Part I, Part II or Part III of this Rule.

PART I

A.1 Without in any way limiting or being limited by subrules B, C, D, E, G and H, the following persons are eligible for membership of the Union;

2. Notwithstanding the provisions of subrule 4 A.1, the following persons are not eligible for membership of the Union

B. Without in any way limiting, or being limited by, subrules A, C, D, E, G and H, the membership of the Union shall also consist of any officer, employee or temporary employee of the Public Service of the Commonwealth, the Public Service of the Northern Territory and of the Australian Capital Territory, any public institution, authority or statutory corporation of the Northern Territory and of the service of any public institution or authority of the Commonwealth together with any authority, corporation or body engaged in the telecommunications industry as defined in Rule 3E, designated as:

C. Without in anyway limiting, or being limited by, subrules A, B, D, E, G and H, the membership of the Union shall also consist of any persons employed by the Australian Broadcasting Corporation with the exception of Actors, Dancers, Vocalists, Musicians, Journalists and persons employed in the following positions:

D. Without in any way limiting, or being limited by, subrules A, B, C, E, G and H, the membership of the Union shall also consist of:

E. Without in any way limiting, or being limited by, subrules A, B, C, D, G and H, the membership of this Union shall also consist of:

F. Notwithstanding anything to the contrary in sub-rules A, B, C, D, E and I:

G. Without in any way limiting, or being limited by, subrules A, B, C, D, F and H, the persons eligible for membership of this union shall also include:

H. Without in any way limiting, or being limited by, subrules A, B, C, D, E, F and G shall also consist of:

I. Any person who is eligible for membership of the Union under the provisions of any of the subrules in Rule 3 and the preceding subrules in Rule 4 shall not be excluded from membership of the Union by any other subrule in Rule 3 and the preceding subrules in Rule 4.

J. Notwithstanding anything to the contrary in subrules A, B, C, E, F, G, H and I persons who are members, staff members or special members of the Australian Federal Police are not eligible for membership of the Union under subrules A, B and C. This subrule has no application to persons eligible for membership under subrule D.

K. Notwithstanding anything to the contrary in subrules A, B, C, D, E, F, G, H and J all persons employed by the First Licensed carriers as defined hereunder, in or in connection with the telecommunications industry shall not be eligible for membership of the Union.

L. Notwithstanding anything to the contrary in sub-rule G, all persons employed or engaged in the function of ROV Pilots/Technicians in or in association with the operation, utilisation, control, maintenance, installation, repair and service of remotely operated sub sea vehicles and associated equipment shall not be eligible for membership of the Union.

M. Notwithstanding anything to the contrary in sub-rules A, B, C, D, E, F, G, H, I and J all persons employed by Telecom Technologies Pty Limited shall not be eligible for membership of the Union.

N. Notwithstanding anything to the contrary in these rules, persons employed by a CSL Company, other than persons wholly or substantially employed in:

O. 1. Notwithstanding anything to the contrary in these rules persons will be eligible for membership of the union;

NOTE: A copy of the agreement between the ASU and CPSU which is exhibit ASU 2 in proceedings in matter D2001/23 may be inspected at any of the Registries of the Industrial Registrar.

P. Notwithstanding anything to the contrary in these rules, any person employed or engaged in the provision of Commonwealth employment services shall be eligible for membership of the union. For the purposes of this sub-rule, "Commonwealth employment services" means any service, benefit, program or facility that is provided by, or on behalf of, a body or organisation which is a Provider under a Job Network Employment Services Contract in or in connection with the performance of that contract.

PART II

SECTION 1

In this section -

(A) The Union shall consist of an unlimited number of employees employed by -

(B) The Union shall also consist of an unlimited number of employees employed by -

(C) The Union shall also consist of such other persons (not being any persons employed by any employer excluded in Rules 3(A) or 3(B)) as are officers of the Union or who may lawfully be or become members of a registered organisation of employees having the constitutional coverage and eligibility for membership set forth in sub-rule (A) and (B) of rule 3. Constitution of the rules of the Union.

(D) In the State of New South Wales the Union shall also consist of -

(E) In the State of South Australia the Union shall also consist of an unlimited number of persons -

(F) In the State of Tasmania the Union shall also consist of an unlimited number of persons employed in a permanent or temporary capacity by -

(G) In the State of Victoria the Union shall also consist of -

(H) In the State of Western Australia the Union shall also consist of an unlimited number of persons -

Exclusions

Notwithstanding anything hereinbefore contained

(i) Any person who is employed by any instrumentality of the Crown including without limiting the generality of the foregoing the following instrumentalities:-

(ii) Any person who is employed in the tourist promotion section of the Public Transport Commission of N.S.W., the tourist promotion section of Victorian Railways, the Mt. Buffalo Chalet operated by the Victorian Railways or the tourist section of the marketing division of the N.S.W. Public Transport Commission shall not be eligible for membership of the Union.

(iii) Any person employed by:

(iv) Any person employed in a professional capacity by:

(v) Employees of Municipal County Shire Councils Trusts or other Local Government Authorities (other than employees of the Sydney Cove Redevelopment Authority), Water Supply Boards or Trusts (other than employees of the New South Wales Water Resources Commission, the Metropolitan Water Authority of Western Australia and the Metropolitan Water Board of Tasmania), Sewerage Boards or Trusts (other than employees of the New South Wales Metropolitan Waste Disposal Authority), Road Boards (other than employees of the New South Wales Department of Main Roads and the Western Australian Main Roads Department), Electricity Supply and Generation Authorities (other than professional administrative clerical or salaried technical staff of the Electricity Authority or the Electricity Commission of New South Wales), employees (other than administrative or clerical staff) of any Western Australian Park Reserve Racecourse or Cemetery Board or Trust and employees of Port Authorities in the State of Queensland (other than the Port of Brisbane Authority)

(vi) Any person employed by a College of Advanced Education in any State as a member of the academic staff (which shall include Directors, Principals, Deputy and Assistant Directors or Principals, by whatever name called) shall not be eligible for membership of the said Union provided that the following Agriculture Colleges in the State of New South Wales shall not be regarded as Colleges of Advanced Education:

(vii) Any person employed by,

(viii) The following persons shall not be eligible for membership of the Union in the State of New South Wales:

SECTION II

The Union shall also consist of an unlimited number of persons employed, or usually employed by or on behalf of

(a) The Crown in the right of the States of New South Wales and Queensland;

(b) Any Statutory Corporation, Instrumentality, Authority, or other similar statutory body, whether corporate or unincorporate, established by the Crown in the right of the States of New South Wales and Queensland; and

(c) The University of New South Wales (excluding the Medical School thereof);

(d) Any educational institution in the State of Queensland designated as a University or College of Advanced Education;

(e) The Master Misericordiae Hospitals in the State of Queensland; and

(f) The Australian Red Cross Society (Queensland Division), Blood Transfusion Service.

and without limiting the generality of the foregoing shall include the following:

New South Wales

(a) The Public Employment Industrial Relations Authority, or

(b) The Water Conservation and Irrigation Commission, or

(c) The Department of Main Roads of New South Wales, or

(d) The Electricity Commission of New South Wales, or

(e) The Maritime Services Board of New South Wales.

In Queensland

(a) Chief Executives of State Government Departments under the Public Service Management Act 1988

(b) General Manager, State Government Insurance Office.

(c) Senates of Universities in Queensland.

(d) The Councils of Colleges of Advanced Education in Queensland.

(e) The Cane Prices Board.

(f) The Council of the Queensland Institute of Medical Research.

(g) The Chairman of the Metropolitan Public Abattoir Board.

(h) Public Hospitals Boards in Queensland (Established under the Queensland Hospital Act).

(i) The Parliamentary Services Commission.

(j) The Queensland Corrective Services Commission.

in or in connection with any one or more of the following industries or industrial pursuits in:-

EXCEPT THAT notwithstanding anything hereinbefore contained it shall not include under Section II of this rule persons employed by:

(a) The Public Transport Commission of New South Wales; or

(b) The Department of Motor Transport of New South Wales; or

(c) The Sydney Opera House; or

(d) Brisbane City Council, Queensland Regional Electricity Boards, Queensland Electricity Commission, Northern Electricity Authority of Queensland, Southern Electricity Authority of Queensland, Brisbane Area Water Board, Queensland Electricity Generating Board, Far North Queensland Electricity Board, North Queensland Electricity Board, Mackay Electricity Board, Capricornia Electricity Board, Wide Bay-Burnett Electricity Board, South East Queensland Electricity Board, South Western Electricity Board; or

(e) Any statutory corporation, authority, instrumentality, or other similar statutory body, whether corporate or unincorporate, which is an undertaking in the theatrical or amusement or motion picture production or processing industry; or

(f) Municipal, county and shire councils or trusts or other local government authorities (other than employees of the Sydney Cove Redevelopment Authority) water supply boards or trusts (other than employees of the New South Wales Water Resources Commission), sewerage boards or trusts (other than employees of the New South Wales Metropolitan Waste Disposal Authority), road boards (other than employees of the New South Wales Department of Main Roads and the Queensland Main Roads Department) and electricity supply and/or generation authorities (other than professional, administrative, clerical or salaried technical staff of the Electricity Authority or the Electricity Commission of New South Wales

(g) (i) Any Statutory Corporation, Instrumentality, Authority or other similar body whether corporate or unincorporate, engaged in or in connection with the operation of transport services for the carriage of passengers and/or goods by rail, road, air or water, or the registration and/or licensing of transport or road safety and without limiting the generality of the foregoing shall include the Public Transport Commission of New South Wales, the Department of Motor Transport of New South Wales, the Queensland Government Railways or a successor, transmittee or assignee of any of the foregoing, but notwithstanding anything hereinbefore contained, this exclusion shall in no way affect coverage by the Union of employees of the Department of Main Roads, New South Wales.

(h) In respect only of the industrial pursuit of Professional Engineer, any instrumentality of the Crown and, in particular, but without limiting the generality of the foregoing, the following:

(i) Any university or College of Advanced Education as a member of academic staff

NOR under Section II of this rule persons members of or eligible to be members of:

(a) The Gas Industry Salaried Officers' Federation; or

(b) The Merchant Service Guild of Australia; or

(c) The Professional Officers' Association, Australian Public Service; or

(d) The Seamen's Union of Australia

NOR under Section II of this rule persons covered by awards to which the Federated Miscellaneous Workers Union of Employees of Australia Queensland Branch (state registered union of employees in Queensland) is a party and the Queensland Professional Officers' Association (state registered union in Queensland) is not a party.

(2) Any person who is employed, or usually employed, or qualified to be employed within the industries or industrial pursuits specified in this Section shall be eligible for membership of the Union.

(3) Persons who may be elected to any office in the Union or who at the date of commencement of operation of this section of this rule held any office in the New South Wales Public Service Professional Officers' Association or the Queensland Professional Officers' Association shall be eligible for membership of the Union, whether or not employed or usually employed or qualified to be employed within the foregoing industries or industrial pursuits.

(4) Notwithstanding any other provision of this Section a person who is not eligible for membership of an organisation of employees registered pursuant to the Conciliation and Arbitration Act, 1904, as amended, shall not be eligible for membership of the Union pursuant to this section.

NOR under Section 11 of this Rule shall nurses be eligible for membership other than nurses who were on the 1st day of July 1991 financial members of the Queensland State Service Union of Employees and who continuously remain financial members thereof.

SECTION III

SECTION IV

Without in any way limiting or being limited by the provisions of Sections I, II or III of Part II of this Rule, the Union shall consist of an unlimited number of persons employed in or in connection with the administration of superannuation schemes operating for the benefit of persons eligible for membership of the Union; except persons eligible to be members of the Australian Municipal, Administrative, Clerical and Services Union employed to administer the:

PART III

Independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be eligible for membership of the Union under Part I or Part II of this Rule shall be eligible for membership of the Union.

PART IV

No restriction or qualification to the eligibility for membership under Part I of this Rule shall restrict or qualify eligibility under Part II of this Rule and no restriction or qualification to the eligibility for membership under Part II of this Rule shall restrict or qualify eligibility under Part I of this Rule.

3 - DESCRIPTION OF INDUSTRY IN CONNECTION WITH WHICH THE ORGANISATION IS REGISTERED

The Industry in connection with which the Union is registered is as described in Part I, Part II, and Part III of this Rule.

PART I

A. Without in any way limiting, or being limited by, the provisions of subrules B, C, D, E, F and G, the industry in or in connection with which the organisation is registered is the Australian Public Service Industry, Australian Government boards, instrumentalities, corporations, commissions and statutory authorities industry, the Public Service of the Northern Territory Industry, Northern Territory Government boards, instrumentalities, corporations, commissions, statutory authorities Industry and the Public Service of the Australian Capital Territory Industry, and;

B. Without in any way limiting, or being limited by, subrules A, C, D, E, F and G, the industry in connection with which the organisation is registered is employment by:

C. Without in anyway limiting, or being limited by, subrules A, B, D, E, F and G, the industry in connection with which the organisation is registered is the broadcasting and television industry in the Australian Broadcasting Corporation in accordance with the Australian Broadcasting Corporation Act, 1983.

D. Without in any way limiting, or being limited by, subrules A, B, C, E, F and G, the industry in connection with which the organisation is registered is the employment of persons in -

E. Without in any way limiting, or being limited by, sub-rules A, B, C, D, F and G, the industry in connection with which the organisation is registered is the telecommunications industry.

F. Without in any way limiting, or being limited by, subrules A, B, C, D, E, and G, the Industry in or in connection with which the organisation is registered is the Radio Telegraphy, Radio Telephony, Radio Technology, Radio Television, Radio Facsimile, Radio Signals, Cable Operations, Cable Technology, Cable Engineering, Teleprinter Operation, Radio Operation, Beam and Cable Accounting and Checking Industry.

G. Without in any way limiting, or being limited by subrules A, B, C, D, E and F, the industry in connection with which the organisation is registered is the scientific and industrial research industry.

PART II

SECTION 1

In this section -

(A) The industries in or in connection with which the Union is formed are the activities undertaken by and carried on by or by employees of

(B) Notwithstanding the foregoing and without limiting the generality thereof the industries in or in connection with which the Union is formed are also:

Exclusions

Notwithstanding anything hereinbefore contained

(i) Any person who is employed by any Instrumentality of the Crown including without limiting the generality of the foregoing the following instrumentalities:-

(ii) Any person who is employed in the tourist promotion section of the Public Transport Commission of N.S.W., the tourist promotion section of Victorian Railways, the Mt. Buffalo Chalet operated by the Victorian Railways or the tourist section of the marketing division of the N.S.W. Public Transport Commission

(iii) Any person employed by:

(iv) Any person employed in a professional capacity by:

(v) Employees of Municipal County Shire Councils Trusts or other Local Government Authorities (other than employees of the Sydney Cove Redevelopment Authority) Water Supply Boards or Trusts (other than employees of the New South Wales Water Resources Commission, the Metropolitan Water Authority of Western Australia and the Metropolitan Water Board of Tasmania), Sewerage Board or Trust (other than employees of the New South Wales Metropolitan Waste Disposal Authority), Road Boards (other than employees of the New South Wales Department of Main Roads and the Western Australian Main Roads Department), Electricity Supply and Generation Authorities (other than professional administrative clerical or salaried technical staff of the Electricity Authority or the Electricity Commission of New South Wales) and employees (other than administrative or clerical staff) of any Western Australian Park Reserve Racecourse or Cemetery Board or Trust

(vi) Any person employed by a College of Advanced Education in any State as a member of the academic staff (which shall include Directors, Principals, Deputy and Assistant Directors or Principals, by whatever name called) shall not be within the industries in connection with which the Union is formed provided that the following Agricultural

(vii) Any person employed by,

(viii) In the State of New South Wales

(ix) In the State of South Australia:

(x) In the State of Western Australia

(xi) In the State of Victoria -

(xii) In the State of Tasmania -

SECTION II

The Union is also formed in connection with the industry covering the following:

(a) The Crown in the right of the States of New South Wales and Queensland; and

(b) Any Statutory Corporation, Instrumentality, Authority or other similar statutory body, whether corporate or unincorporate, established by the Crown in the right of the States of New South Wales and Queensland; and

(c) The University of New South Wales (excluding the Medical School thereof);

(d) Any educational institution in the State of Queensland designated as a University or College of Advanced Education;

(e) The Mater Misericordiae Hospitals in the State of Queensland: and

(f) The Australian Red Cross Society (Queensland Division), Blood Transfusion Service.

and without limiting the generality of the foregoing shall include the following:

In New South Wales

(a) The Public Employment Industrial Relations Authority, or

(b) The Water Conservation and Irrigation Commission, or

(c) The Department of Main Roads of New South Wales, or

(d) The Electricity Commission of New South Wales, or

(e) The Maritime Services Board of New South Wales

In Queensland

(a) Chief Executives of State Government Departments under the Public Service Management Act 1988,

(b) General Manager, State Government Insurance Office,

(c) The Senates of Universities in Queensland,

(d) The Councils of Colleges of Advanced Education in Queensland,

(e) The Cane Prices Board,

(f) The Council of the Queensland Institute of Medical Research,

(g) The Chairman of the Metropolitan Public Abattoir Board,

(h) Public Hospitals Boards in Queensland (Established under the Queensland Hospital Act),

(i) The Parliamentary Services Commission,

(j) The Queensland Corrective Services Commission.

SECTION III

1. Without in any way limiting or being limited by the provisions of sections I and II of this Rule the Union shall consist of an unlimited number of persons, other than academic staff, wholly or substantially employed in the higher education industry who are:

2. In the interpretation of the terms professional, administrative, clerical, technical and trades occupations which appear in this rule (with the exception of Rule 3, Section 3(1)(n)), assistance in the ascertainment of the meaning of those terms shall be given by consideration of the broad functions described in, and the indicative classifications set out in the demarcation agreement between The State Public Services Federation and the Federated Miscellaneous Workers Union relating to coverage of general staff in Higher Education dated 24 August 1990 [which agreement is set out as Schedule A to these Rules].

3. Notwithstanding anything contained elsewhere in these rules all professional, administrative, clerical, computing and technical (except trades up to and including the level of leading hand) occupations of non-academic staff employed by or in Howard Florey Institute, the Walter and Eliza Hall Institute, the Ludwig Institute and the Murdoch Institute but not so as to include persons registered or enrolled or entitled to be registered or enrolled by any nursing authority, practitioners not engaged in research and/or teaching and medical practitioners engaged in a research and/or teaching capacity who are also employed by a teaching hospital; and, persons employed by the Victorian Clinical Genetics Service Ltd shall not be eligible for membership.

SECTION IV

Without in any way limiting or being limited by the provisions of Sections I, II or III of Part II of this Rule, the industries in or in connection with which the Union is formed are the activities carried on by an unlimited number of persons employed in or in connection with the administration of superannuation schemes operating for the benefit of persons eligible for membership of the Union; except persons eligible to be members of the Australian Municipal, Administrative, Clerical and Services Union employed to administer the:

PART III

Independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be eligible for membership of the Union under Part I or Part II of this Rule shall be eligible for membership of the Union.

PART IV

No restriction or qualification to the description of industry under Part I of this Rule shall restrict or qualify the description of industry under Part II of this Rule and no restriction or qualification to the description of industry under Part II of this Rule shall restrict or qualify the description of industry under Part I of this Rule.

1 Act No. 104 of 2002.

2 As a result of the coming into operation of the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) Act 2002, as from 12 May 2003, the relevant legislative provisions relating to registration of organisations and the alteration of their rules are now to be found in Schedule 1B - Registration and Accountability of Organisations of the Workplace Relations Act 1996. By virtue of s.5 of the Workplace Relations Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002 (Act No. 105 of 2002), this application is to be determined under the provisions of the Act in force prior to that date.

3 The objection was actually lodged in the name of the Australian Liquor, Hospitality and Miscellaneous Workers Union (the ALHMWU). By decision of the Commission issued on 27 February 2004 [Print PR944160], consent was given the change of the name of the ALHMU to "Liquor, Hospitality and Miscellaneous Union".

4 On 27 January 2004, the APESMA and the MPA amalgamated and, by instrument dated the same date, the latter was deregistered [see Print PR942879]. The MPA's objection was, therefore subsumed into the APESMA's objection.

5 See endnote 4 above.

6 See Print PR920191, 17 July 2002.

7 Exhibit CPSU 25.

Printed by authority of the Commonwealth Government Printer