Queensland Consolidated Acts Queensland Consolidated Acts(1) The full bench may, on application by an organisation, an employer or the Minister, make the following orders about a demarcation dispute—
(a) an order that an employee organisation has the right, to the exclusion of an association or another organisation, to represent a particular group of employees who are eligible for membership of the organisation;
(b) an order that an employee organisation that does not have the right to represent a particular group of employees has the right;
(c) an order that an association or employee organisation does not have the right to represent a particular group of employees who are eligible for membership of the organisation.
(2) The full bench may make an order only if—
(a) the full bench considers conciliation proceedings would not help in the prevention or settlement of the dispute; or
(b) conciliation proceedings for the dispute are completed, but the dispute has not been fully settled.
(3) The full bench may make an order only if satisfied—
(a) the conduct, or threatened conduct, of an association or organisation to which the order would relate, or of an officer, member or employee of the association or organisation is—
(i) preventing, obstructing or restricting the performance of work; or
(ii) harming an employer's business; or
(b) the conduct, or threatened conduct, of an association or of an officer, member or employee of the association is preventing, obstructing or restricting negotiations or discussions between the employer and an organisation or the employer and the employer's employees; or
(c) the consequences mentioned in paragraph (a) or (b)—
(i) have stopped, but are likely to recur as a result of the conduct or threatened conduct; or
(ii) are imminent as a result of the conduct or threatened conduct.
(4) In considering whether to make an order, the full bench must consider—
(a) the wishes of employees who would be affected by the order; and
(b) the effect of an order on the operations (including operating costs, work practices, efficiency and productivity) of the employees' employer; and
(c) whether it should consult with appropriate State peak councils or organisations; and
(d) the ability of the organisation to adequately represent the employees' interests; and
(e) an agreement or understanding that the full bench becomes aware of that deals with an employee organisation's right to represent a particular group of employees; and
(f) the consequences of not making an order for the employees, employer or organisation; and
(g) another order made by the commission that it considers relevant.
(4A) If the full bench makes an order under this section, it may also make any ancillary order it considers necessary to support the order, including making an order prohibiting—
(a) an officer or employee of an association or organisation from representing a person in a matter before an industrial tribunal; and
(b) an association or organisation from arranging for an agent to represent a person in relation to making an agreement under chapter 6; and
(c) an association or organisation from holding out membership on the basis of being able to provide representation in stated industrial matters.
(5) An order or ancillary order may—
(a) be subject to conditions; and
(b) apply to an individual, an association or an organisation.
(6) An individual, an association or an organisation to which an order applies must comply with the order.
(7) The full bench may, on application by the Minister or a person or organisation affected by an order, make the further order it considers appropriate to ensure the Act is complied with.
(8) In this section—
association means a body or entity that is formed or carried on to protect and promote its members' interests in matters concerning their employment, but is not registered as an organisation under this Act.
industrial tribunal means the court, the commission, the full bench or the registrar.
right to represent a particular group of employees means the right to represent the industrial interests of the particular group of employees.