The name of the Division is the Communication Workers Union Division, known as the Communications Division or the CWU Division.
The Division shall consist of those persons eligible for membership of the union as defined in Rule 2.5 to 2.21 inclusive of Section A to these rules.
The objects for which the Division is established are:
(a) By the provision and distribution of funds and by all other lawful means:
(i) to improve and protect the economic conditions, job security, working conditions, the quality of life and other industrial concerns of members;
(ii) to improve and protect the relations between employees and employer and between employee and employee;
(iii) to promote the general and material welfare of members;
(iv) to pursue and assist kindred organisations by affiliation and other means in upholding the rights and privileges of workers by industrial, political and municipal action and to bring about the socialisation of production, distribution and exchange and the development and protection of effective enterprises;
(v) to provide legal assistance where deemed necessary, in the defence of the rights of members or in pursuance of the aspirations of members;
(vi) to endeavour by political and industrial action to secure social justice, and to establish and maintain journals and other publications containing matters of interest and information for members;
(vii) to achieve the establishment of one amalgamated union covering all workers in the communications industry;
(viii) to promote the policy of equality of status and opportunity for all members;
(ix) to acquire property of all kinds;
(x) to assist and permit branches in establishing incidental funds to assist members or their families when in distressed circumstances;
(xi) to assist in the establishment and/or maintenance of labour newspapers and other media;
(xii) to do all other things necessary for the proper functioning of the Union in accordance with the Rules;
(xiii) to promote and pursue equal opportunities and affirmative action.
(b) Payments made in furtherance of any of the objects shall be deemed to be part of the ordinary expenses of the Union and made in accordance with the provisions of the Act .
In the interpretation of these Rules the following definitions shall be taken as a guide:
(a) "Conference" means the Conference constituted by Rule 5.
(b) "Special Conference" means the Conference constituted by Rule 6.
(c) "Divisional Executive" means the Executive constituted by Rule 11.
(d) "The Act" means the Fair Work (Registered Organisations) Act, the Regulations and Rules made thereunder, or any Act, Regulations or Rules replacing or amending such Act, Regulations or Rules.
(e) "Branch" means a Branch of the Division constituted by Rule 44.
(f) "Committee of Management" means the Committee of Management of a Branch constituted by either Rule 75
(g) "Division" shall mean the Communications Division.
(h) "Sub-Branch" means a Sub-Branch constituted in accordance with Rule 78.
(i) "Re-election" means the election to an office or position of a person who, at the time of nominations for the election, was the holder of that office or position.
(j) Reference to "these Rules" means section D- Rules of the Communications Division, unless otherwise specified.
(k) `Divisional Councils' shall mean the Postal Divisional Council and the Telecommunications Divisional Council as constituted by Rule 43.
(l) "Head Office" means the Head Office of the Communications Division.
(m) "Industry Groups" shall mean the Postal Services Industry Group and the Telecommunications and Information Technology Industry Group. The Postal Services Industry Group shall be constituted by members in the Postal Services Industry Sections and the Postal Industry Sections. The Telecommunications and Information Technology Industry Group shall be constituted by members in the Telecommunications and Information Technology Industry Sections, the Lines and General Sections, the Technical Industry Sections and the Operator Industry Sections.
(n) "Industry Section" shall mean either the Postal Services Industry Section, the Telecommunications and Information Technology Industry Section, the Postal Industry Section, the Lines and General Industry Section, the Technical Industry Section and the Operator Industry Section as constituted by Rules 46, 46A, 46B and 46C.
(o) "Divisional Section" shall mean the Divisional Sections of the Communications Division as constituted by Rule 46 of these Rules on the day prior to the certification of this Sub-rule.
4A DIVISION/BRANCH POLICIES AND PROCEDURES
The Division/branch shall develop and implement policies and procedures relating to the expenditure of the Division/branch.
(a) There shall be a Divisional Conference, which, except on matters decided by plebiscite of the membership, shall be the supreme governing body of the Division, and which shall be held biennially at a place and on a date to be fixed by the Divisional Executive.
(b) Conference shall be constituted by delegates elected by the several Branches of the Division together with the Divisional Officers as provided by Rule 20.
(c) The Divisional Officers referred to in sub-rule (b) above shall be entitled to move or second and to vote on any proposal.
(d) Representation at the Divisional Conference shall be on the basis of one (1) delegate for each two thousand (2,000) members or part thereof for each Industry Section within each Branch. For the purposes of this Rule the number of members for an Industry Section shall be the actual number of financial members at the end of the financial year preceding the year of elections.
(f) A delegate who:
(i) cannot attend a meeting of the Divisional Conference, the Branch Committee of Management may appoint a Branch Committee of Management member representing the same Divisional Section (or in the absence of a member representing the same Divisional Section may appoint a member of the Branch Committee of Management representing the same Branch) as the absent delegate to attend the meeting as his or her proxy; or
(ii) cannot attend a session(s) of a meeting of the Divisional Conference may appoint another delegate present at the meeting who represents the same Branch as his or her proxy for that session(s).
Proxies shall have the same rights, duties and powers of the absent delegate they are representing and shall exercise the votes of the absent delegate in addition to any existing voting entitlement of their own.
(g) The voting power of Officers and delegates upon all questions shall be as follows:
(i) For delegates the voting power shall be calculated by reference to the number of financial members represented, divided by one hundred, rounded up to the next whole number, and further divided by the number of delegates representing the same electorate. Where the number of delegates votes calculated, do not divide amongst the number of delegates to produce a whole number for each delegate in an electorate, the votes remaining after equal apportionment to delegates are to be distributed in the manner determined by the Branch Committee of Management in that electorate, or in the absence of such determination, in the manner determined by the majority of delegates representing that electorate.
(ii) For the purposes of determining the number of financial members as set out in Rule 5(g)(i) it shall be the number of financial members as at 31st March in each year. In determining the voting power for an Industry Section or Branch, each Branch Secretary shall forward to the Divisional President, no later than one (1) month after the end of the financial year the number of financial members for an Industry Section or Branch as at 31st March in that year.
The Divisional President and the Divisional Secretary will notify the Branch Secretary, Divisional Executive and Divisional Secretary of the voting power of the Industry Section or Branch. The voting power determined under this sub-rule will apply from 1st June in that same year. Provided that any question which may be in the course of decision by postal voting at the 1st June, the voting power shall be that applying at the time the question was moved.
(iii) The Divisional Officers shall have five votes each. Provided that where a Divisional Officer is also a Branch Delegate the Divisional Officer shall only exercise the voting power he or she has as a Branch Delegate.
(h) A proposal is decided in the affirmative if sixty percent (60%) of votes are cast in favour. Provided that any proposal to alter Rules 44, 46, 46A, 46B, 75, 76 and 76A shall be decided in the affirmative if seventy five percent (75%) of votes are cast in favour.
Rules
44 Formation of Branches
46 Industry Sections Qld, SANT, WA, TAS
46A Industry Sections NSW VIC P&T
46B Industry Sections NSW VIC T&S
75 Branch Management Qld, SANT, WA, TAS
76 Branch Management NSW VIC P&T
76A Branch Management NSW VIC T&S
(i) No Branch shall be entitled to be represented at Divisional Conference until all monies due under these Rules including members' contributions to the Divisional Conference have been fully paid up to the end of the financial quarter last preceding the opening date of Divisional Conference. Further, where a Branch has entered into deferred payment arrangements pursuant to Rule 47A it shall not be entitled to be represented at Divisional Conference unless it is complying with those arrangements.
Each Branch shall supply a membership return and a statement of accounts by a date nominated by the Divisional Executive of which notice shall be given to each Branch by the Divisional Executive.
Provided that Divisional Conference, constituted without the members of the Conference from the Branch and/or Industry Section in default, may decide that in special circumstances the provision of this sub-rule shall not apply subject to any time limit or any other condition specified by Conference so constituted.
(j) The Divisional Executive shall defray all expenses connected with the organisation and holding of the Divisional Conference from the funds of Divisional Conference unless specifically excluded by this sub-rule.
Delegates shall be entitled to receive payment from the Divisional Executive for expenses incurred in attending Divisional Conference. The amount to be paid by the Divisional Executive shall be determined by Divisional Conference but shall not include payment for loss of pay incurred by delegates attending Divisional Conference.
The Divisional Executive shall pay the transportation costs of delegates attending Divisional Conference. Transportation costs shall be the cost of an economy class return airfare from the delegates home station.
Each Branch of the Union shall reimburse delegates representing that Branch at Divisional Conference for any loss of pay incurred in attending Divisional Conference.
(k) The order of business at Divisional Conference shall be:
(i) Hours of Sitting.
(ii) Credentialling of delegates and voting rights.
(iii) Reading and Confirmation of Minutes.
(iv) Divisional Executive and Branch Financial Statements and Union Finances.
(v) Divisional Secretary's Report and Divisional President's Report.
(vi) Divisional Executive Report and Business Arising.
(vii) Branch Reports and Business Arising.
(viii) Agenda Items.
(ix) Fixing of Salaries and Entitlements.
(x) Urgent Late Business.
(l) Conference shall be properly constituted when at least fifty percent of Officers and fifty percent of delegates (including delegates from at least 50% of Branches) are present.
NEW RULE INSERTED - SEE RULE 91
R5A - DIVISIONAL CONFERENCE (GEOGRAPHICALLY SPECIFIC DELEGATES)
R5A - DIVISIONAL CONFERENCE (GEOGRAPHICALLY SPECIFIC DELEGATES)
(a) Notwithstanding Rule 5 where an industry section within a Branch is composed of members from more than one geographically specific electorate each geographically specific electorate shall elect Divisional Conference delegates from and by the members of the Industry Section within each geographically specific electorate as though each geographically specific area were, for the purposes of this rule, a distinct industry section.
(b) The voting power otherwise liable to be allocated to delegates from each industry section within a Branch pursuant to R5(g) is to be applied such that references to the electorate are taken to be references to the relevant geographically specific electorate from which the delegate has been elected.
(c) In this rule "geographically specific electorate" shall refer severally to each of:
In respect of the CWU Central Branch:
(i) the State of New South Wales and the Australian Capital Territory;
(ii) the State of South Australia and the Northern Territory; and
(iii) the State of Queensland
In respect of the Telecommunications and Services Branch:
(iv) the State of New South Wales and the Australian Capital Territory; and
(v) the State of Victoria.
(a) A Special Conference may be called at any time by the Divisional Secretary and Divisional President or by resolution of the Divisional Conference and/or Divisional Executive, or when called for by requisition signed by Delegates to Divisional Conference representing a majority of votes eligible to be cast in 40% of Branches or signed by at least 50% of Branch Secretaries. Where the Conference is called for by such Delegates or Branch Secretaries, the Divisional Secretary shall arrange for the Conference to be held within one month of receipt of the requisition. Seven days notice of the date or dates of the Conference shall be given to each Branch and to the Officers and delegates to the Special Conference.
(b) A Special Conference shall be constituted in the same manner as provided for the Divisional Conference in rule 5 and the Officers and Delegates who constitute the Divisional Conference shall be the Officers and Delegates to constitute the Special Conference.
(c) A Special Conference shall be properly constituted if at least fifty percent of Officers and fifty percent of Delegates (including Delegates from at least 50% of Branches) are present.
(d) Business for consideration of a Special Conference shall be included in the notice to Branches relating to the holding of the Conference, and it shall be competent for the Conference to make new Rules or to rescind or amend any of the existing Rules, regarding which no notice was given until after the dispatch of the notice to Branches relating to the holding of the Conference, further provided that any alteration and/or addition to the Rules as decided upon shall have no force or effect unless and until ratified by Branches after the close of the Conference.
Provided further that the question of the admission of any business for consideration under the provisions of this Rule shall be determined by the method of voting prescribed in Rule 6 in relation to questions which have appeared on the business agenda.
(e) At a Special Conference -
(i) the voting power of Officers and Delegates on all questions; and
(ii) the entitlement of Branches and Industry Sections to be represented at the Special Conference; and
(iii) the expenses of Delegates and all other expenses connected with the Special Conference;
Shall be as provided for in Rule 5.
(f) Subject to the provisions of paragraph (d) of this Rule, all or any of the powers of the Divisional Conference may be exercised by the Special Conference, and the decisions of the Special Conference shall have the same force and effect as if made by the Divisional Conference.
(g) No Branch shall be entitled to be represented at Special Conference unless Rule 5(i) has been complied with.
The Divisional Conference shall be the highest deliberative body of the Division, shall manage the affairs of the Division subject to control by members as provided in the Rules and shall have power to:
(a) lay down the industrial and political policy of the Division;
(b) submit to members for decision such matters as the Divisional Conference may deem proper;
(c) implement the policy of the Division in matters both industrial and political affecting the interests of the members;
(d) initiate, manage and control any action, proceeding or submission in respect of any industrial dispute in accordance with current industrial action policy;
(e) on behalf of the Division, enter into, make or vary industrial agreements, awards or determinations;
(f) incur all expenses necessary for the proper conduct of the business of the Division and pay all accounts so incurred, provided that a loan, grant or donation of an amount exceeding $1,000 shall not be made by the Division, unless Conference has:
(i) satisfied itself that the making of the loan, grant or donation would be in accordance with the Rules of the Union;
(ii) in relation to a loan - has satisfied itself that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and
(iii) approved the making of the loan, grant or donation;
(g) subject to (f) above, advance generally the objects of the Division and for that purpose vote and expend money for political and industrial affiliations that are made following decisions ratified by members under the Rules;
(h) endorse or otherwise Branch industrial affiliations under the Rules;
(i) impose and collect all levies, fines, fees, subscriptions and dues payable by members provided that before any levy is struck a complete current financial statement shall be submitted to each Branch;
(j) receive, consider and determine any matter or report arising under these Rules which has been submitted to Conference by any Branch;
(k) determine the number of Branches and the number of elected offices at Divisional and Branch level;
(l) determine the number of Divisional Industrial Research Officer positions and determine the number of Branch Industrial Officer positions (in the generic sense) where the direct cost is borne by the Divisional Conference;
(m) in the event of casual vacancies appoint holders of Divisional offices in accordance with the Rules;
(n) appoint a Divisional Returning Officer and Deputy Divisional Returning Officers and such scrutineers as may be required for the exercise of its powers;
(o) fix salaries and allowances for Divisional Officers and Branch Officers;
(p) fix honoraria for Divisional Officers, Divisional Executive members and Divisional Conference members;
(q) determine the level and method of payment of monies from Branches to Conference;
(r) settle disputes arising between Branches;
(s) hear and determine any appeal from a Branch or member thereof;
(t) hear and determine disciplinary charges laid under the Rules and impose penalties as provided for in the Rules;
(u) take disciplinary action against the holders of Divisional and Branch offices as provided for in the Rules;
(v) remove from office the holders of Divisional and Branch offices as provided for in the Rules;
(w) determine matters referred to it by a meeting of members of Conference representing an Industry Section/s;
(x) allocate funds for meetings of members of Conference representing an Industry Section/s;
(y) refer to a Divisional Council or members of Conference representing an Industry Section matters exclusively affecting the Divisional Council or Industry Section;
(z) establish any social or other fund to achieve any of the objects of the Division;
(aa) receive and adopt or otherwise deal with the annual report and balance sheet of the Division;
(bb) summon General Meetings or Special General Meetings of members of Branches, any Industry Section or any defined section of the membership of the Division in all or any States at any time and from time to time for any purpose which Conference shall think fit, giving not less than three days notice to members of such meetings, and stating the time and place in each State when and where such meetings shall be held;
(cc) generally to do all acts, matters and things that may appear to Conference to be in the best interests of members;
(dd) without limiting the generality of its powers under (cc) above, exercise all or any of the powers conferred on the Divisional Executive.
9 - PROPOSALS FOR DIVISIONAL CONFERENCE
(a) The Divisional Secretary and Divisional President shall have forwarded to all Divisional Conference Delegates and, if necessary his/her Proxy, a copy of the Divisional Executive Report to be submitted to the Divisional Conference, not less than fourteen days before the date fixed for the opening of the Divisional Conference.
(b) Proposals for the making of new Rules, or the amendment or rescission of existing Rules, or proposals relating to any other matter of business to be considered by the Divisional Conference, may be submitted by members of Divisional Executive, members of Divisional Conference or Branches.
(c) Branch Reports and all proposals submitted to the Divisional Conference shall be forwarded to reach the Divisional Secretary seven weeks before the date fixed for the opening of the Conference. The whole of the proposal shall then be forwarded by the Divisional Secretary to members of Divisional Executive, members of Divisional Conference and Branches not later than five weeks prior to the date fixed for the opening of the Conference. Any proposal relating to matters which are already receiving attention by the Divisional Executive or which accords with Union policy, as determined by an earlier conference, may be excluded from the Conference business paper.
(d) (i) Notwithstanding anything contained in these Rules, Divisional Conference shall have the power to consider any matter of urgent late business or to make new rules, or to rescind or amend any of the existing rules regarding which the required notice has not been given to the Divisional Secretary provided that:
(1) apart from matters arising out of the written report of the Divisional Executive or proposals already on the Conference Agenda proposals of an urgent nature which are received after the closing date of the agenda shall only be considered where notice in writing has been given to the Divisional Secretary at least twenty four hours before the matter is discussed;
(2) the question of the admission of any business for consideration under the provisions of this rule shall be determined by the method of voting in rules 5(g) and (h);
(3) any decision on an item of urgent late business shall have no force and effect unless and until ratified pursuant to rule 36(d)
(e) The requirements as to notice and the circulation of agenda papers in this Rule shall be directory and not mandatory and the accidental or inadvertent omission to give the full notice required to any person entitled to such a notice shall not of itself invalidate the proceedings of the Divisional Conference meeting at which such matter is considered.
10 - DIVISIONAL CONFERENCE - OUT OF SESSION DECISION
(a) When the Divisional Conference is not in session the Divisional Secretary and Divisional President jointly may, or when so directed by the Divisional Executive, or when called for by requisition signed by Delegates to Divisional Conference representing a majority of votes eligible to be cast in 40% of Branches or signed by at least 50% of Branch Secretaries, shall, submit to Conference for decision any matter which the Conference may deal with in accordance with Rule 5.
(b) If the Divisional President considers a motion pursuant to sub-rule (a) to be out of order he/she shall rule accordingly and advise the person(s) submitting the motion of his/her reasons for so ruling. The person(s) may then move a motion of dissent from the ruling of the Divisional President, in which event such motion and all correspondence thereon shall be distributed to each member of the Divisional Executive.
(c) The Divisional Secretary may submit any matter to be decided pursuant to this sub-rule to the members of Divisional Conference to be determined by a vote communicated to the Divisional Secretary by letter, electronic mail, facsimile machine or telephone. The minutes of any meeting where a vote has been taken by letter, electronic mail, , facsimile machine or telephone shall be forwarded forthwith to each member of Divisional Conference and Branch Secretaries.
(d) Each member of Conference shall, as soon as practicable but no later than fourteen (14) days after the receipt of the submission, return his/her vote to the Divisional Secretary.
(e) If at any time after the submission of a matter to members of Conference under this Rule and before a decision has been obtained a request has been made in accordance with the provisions of Rule 6 for a special meeting of the Divisional Conference to discuss the matter, the question shall be deferred to that meeting.
(f) A decision given under this Rule shall have the same effect as if made under Rule 5.
(g) No Branch shall be entitled to participate in a Divisional Conference Out of Session Decision unless Rule 5(i) has been complied with as if the reference to the opening date of Divisional Conference was a reference to the date of the submission of any matter to be decided pursuant to this Rule.
11 - DIVISIONAL EXECUTIVE - CONSTITUTION
(a) Divisional Executive shall consist of the Divisional Officers and one (1) Divisional Executive Member elected from each Industry Section in each Branch.
(b) The Divisional Executive shall be responsible for the full and proper carrying out of the directions of the Divisional Conference and plebiscite decisions of the membership.
NEW RULE INSERTED - SEE RULE 91
R11A - DIVISIONAL EXECUTIVE (GEOGRAPHICALLY SPECIFIC DELEGATES)
11A - DIVISIONAL EXECUTIVE (GEOGRAPHICALLY SPECIFIC DELEGATES)
(a) Notwithstanding Rule 11 where an industry section within a Branch is composed of members from more than one geographically specific electorate each geographically specific electorate shall elect a Divisional Executive Member from and by the members of the Industry Section within each geographically specific electorate as though each geographically specific area were, for the purposes of this rule, a distinct industry section.
(b) The voting power otherwise liable to be allocated to a Divisional Executive Member from each industry section within a Branch pursuant to R5(g)(i) is to be applied such that references to the electorate are taken to be references to the relevant geographically specific electorate from which the delegate has been elected.
(c) In this rule "geographically specific electorate" shall refer severally to each of:
In respect of the CWU Central Branch:
(i) the State of New South Wales and the Australian Capital Territory;
(ii) the State of South Australia and the Northern Territory; and
(iii) the State of Queensland.
In respect of the Telecommunications and Services Branch:
(i) the State of New South Wales and the Australian Capital Territory; and
(ii) the State of Victoria
12 - POWERS OF DIVISIONAL EXECUTIVE
(a) When Divisional Conference is not sitting the Divisional Executive shall, subject to paragraph (b) hereof, exercise all powers of the Divisional Conference and shall be responsible for the management of the Division's affairs, property and funds.
(b) The Divisional Executive shall not exercise any of the powers of the Divisional Conference described in Rules 7(g), (h), (i), (k), (n), (o), (p), and (q).
(g) advance generally the objects of the Division, vote and expend money for political and industrial affiliations..
(h) endorse or otherwise Branch industrial affiliations under the Rules
(i) impose and collect all levies, fines, fees, subscriptions and dues payable by members .
(k) determine the number of Branches and the number of elected offices at Divisional and Branch level;
(n) appoint a Divisional Returning Officer and Deputy Divisional Returning Officers and such scrutineers.
(o) fix salaries and allowances for Divisional Officers and Branch Officers;
(p) fix honoraria for Divisional Officers, Divisional Executive members and Divisional Conference members;
(q) determine the level and method of payment of monies from Branches to Conference;
(c) Except as provided in paragraph (b) of this Rule, unless the contrary intention appears, for the purpose of exercising any power a reference in these Rules to the Divisional Conference shall be deemed to include the Divisional Executive and a decision of Divisional Executive so taken shall have the same force and effect as if made by the Divisional Conference.
13 - DIVISIONAL EXECUTIVE MEETINGS
(a) The Divisional Executive shall meet when determined by the Divisional President and Divisional Secretary or as provided in sub-rule (b). The Divisional Secretary shall give reasonable notice of all meetings to all members of Divisional Executive and Branches. Not more than four calendar months shall elapse between any two meetings of the Executive, provided that a meeting of the Divisional Conference shall be regarded as taking the place of a meeting of the Executive in determining the maximum period between any two meetings.
(b) (i) On receipt of a request in writing specifying a matter of importance to the Union, signed by 50% of Branch Secretaries or a request by 40% of Branch Committees of Management, the Divisional Secretary shall, no later than 7 days after receipt of the request, convene a special meeting of the Divisional Executive to be held no later than 28 days after the receipt of the request.
(ii) At a special meeting of Divisional Executive convened under paragraph (i) the business of the meeting shall be the matter of importance to the Union specified in the request.
(d) A Divisional Executive Member who
(i) cannot attend a meeting of the Divisional Executive, the Branch Committee of Management may appoint a Branch Committee of Management member representing the same Industry Section (or in the absence of a member representing the same Industry Section may appoint a member of the Branch Committee of Management representing the same Branch) as the absent delegate to attend the meeting as his or her proxy; or
(ii) cannot attend a session(s) of a meeting of the Divisional Executive may appoint another delegate present at the meeting who represents the same Branch as his or her proxy for that session(s).
Proxies shall have the same rights, duties and powers of the absent delegate they are representing and shall exercise the votes of the absent delegate in addition to any existing voting entitlement of their own.
(e) No Branch shall be entitled to be represented at Divisional Executive until all monies due under these Rules including members' contributions to the Divisional Conference have been fully paid up to the end of the financial quarter last preceding the opening date of Divisional Executive. Further, where a Branch has entered into deferred payment arrangements pursuant to Rule 47A it shall not be entitled to be represented at Divisional Executive unless it is complying with those arrangements.
Each Branch shall supply a membership return and a statement of accounts by a date nominated by the Divisional Executive of which notice shall be given to each Branch by the Divisional Executive.
Provided that Divisional Executive, constituted without the members of the Divisional Executive from the Branch and/or Industry Section in default, may decide that in special circumstances the provision of this sub-rule shall not apply subject to any time limit or any other condition specified by Divisional Executive so constituted.
(f) The expenses of Officers attending meetings of the Divisional Executive shall be defrayed by the Divisional Executive out of the funds of the Divisional Executive. The expenses, except in salary, of Executive members attending meetings of the Divisional Executive shall be defrayed by the Divisional Executive out of the funds of the Divisional Executive. The salary of the Executive members shall be paid by their respective Branch.
(g) The Divisional Executive will control and authorise the use of any emblem, logo or identification illustration or mark which is adopted by the Division as its identifying emblem.
(h) The order of business at Divisional Executive will be:
(i) Reading and confirmation of minutes;
(ii) Business arising out of minutes;
(iii) Divisional Secretary and Divisional President's Report and business arising;
(iv) Questions without discussion for fifteen minutes;
(v) Reports from each Branch and other reports including Divisional Council Reports and minutes and business arising;
(vi) Passing of working expenses, financial statements and Division finances;
(vii) Correspondence;
(viii) Adjourned business;
(ix) Business submitted by Branches;
(x) General Business.
14 - DIVISIONAL EXECUTIVE - QUORUM
Divisional Executive shall be properly constituted if at least fifty percent of Officers and fifty percent of members (including members from at least 50% of Branches) are present.
15 - DIVISIONAL EXECUTIVE AGENDA AND OUT OF SESSION DECISIONS
(a) All proposals from Divisional Officers, members of Divisional Executive, members of Divisional Conference, Divisional Councils, Branch Committees of Management or Branch General Meetings for consideration by ordinary meetings of the Divisional Executive shall be forwarded to the Divisional Secretary at least two weeks prior to the meeting.
(b) The Divisional Secretary shall forward to each member of Divisional Executive and to each Branch, a copy of the agenda at least one week prior to the meeting.
(c) Divisional Executive may at any meeting resolve to deal with a matter notwithstanding that the requirements of sub-rules (a) and (b) have not been complied with.
(d) The requirement of sub-rules (a) and (b) as to notice and the circulation of agenda papers shall be directory not mandatory and the accidental or inadvertent omission to give the full notice required (to any person entitled to same) shall not of itself invalidate the proceedings of the Divisional Executive meeting at which such matter is considered.
(e) At any time when Divisional Executive is not meeting a member of Divisional Executive may move a motion for decision of the Divisional Executive by a vote communicated to the Divisional Secretary by letter, electronic mail, facsimile machine or telephone provided that any vote taken by letter, electronic mail, facsimile machine or telephone shall be confirmed in writing to the Divisional Secretary. Such motions shall be submitted to the Divisional President and may be supported by reasons for the motion. Each member of Divisional Executive shall, as soon as practicable, but no later than 14 days after circulation, return his/her vote to the Divisional Secretary.
(f) If the Divisional President considers a motion pursuant to Sub-rule (e) to be out of order he/she shall rule accordingly and advise the originating member of Divisional Executive of his/her reasons for so ruling. The member of Divisional Executive may then move a motion of dissent from the ruling of the Divisional President, in which event such motion and all correspondence thereon shall be distributed to each member of Divisional Executive.
(g) No Divisional Executive Member shall be entitled to vote in a telephonic, facsimile, electronic mail or postal ballot of members of the Divisional Executive unless the members' Branch has complied with Rule 13(e) as if the reference to the opening date of Divisional Executive was a reference to the date of the submission of any matter to be decided pursuant to this Rule.
(h) Notwithstanding the provisions of sub-rule (e) above, the Divisional Secretary and Divisional President may jointly convene a meeting of the Divisional Executive by way of a telephone hook-up.
The Divisional Secretary shall provide to Divisional Executive members reasonable notice of the proposed telephone hook-up of the Divisional Executive.
All decisions made pursuant to this sub-rule shall have the same force and effect as if made under Rule 13 or sub-rule (e) above.
16 - DIVISIONAL EXECUTIVE VOTING
(a) The voting power of Divisional Officers and Executive members shall be as follows:
(i) For Executive members the voting power shall be calculated on the same basis as calculated for Delegates to Divisional Conference under Rule 5(g)(i).
(ii) For the purposes of this sub-rule, the number of members for a Industry Section or Branch will be the actual number of financial members as at 31st March in each year. In determining the voting power for a Industry Section or Branch, each Branch Secretary shall forward to the Divisional President and the Divisional Secretary, no later than one (1) month after the end of the financial year the number of financial members for a Industry Section or Branch as at 31st March in that year.
The Divisional President will notify the Branch Secretary, Divisional Executive and the Divisional Secretary of the voting power of the Industry Section or Branch. The voting power determined under this sub-rule will apply from 1st June in that same year. Provided that any question which may be in the course of decision by postal voting at the 1st June, the voting power shall be that applying at the time the question was moved.
(iii) The Divisional Officers shall have five votes each. Provided that where a Divisional Officer is also an Executive member representing a Industry Section or Branch, the Divisional Officer shall only exercise the voting power he or she has as an Executive member.
For the purposes of this Rule, the number of members for Industry Section or Branch will be the actual number of financial members at the end of the financial year preceding the date of calling of the elections.
(b) A proposal is decided in the affirmative if sixty percent (60%) of votes are cast in favour. Provided that any proposal to alter Rules 44, 46, 46A, 46B, 75, 76 and 76A shall be decided in the affirmative if seventy five percent (75%) of votes are cast in favour.
If a member who is entitled to vote at any election held under these Rules will be absent from his/her usual address during a ballot such member may apply to the Returning Officer for a ballot paper to be sent to him/her at an address which he/she nominates.
Divisional Conference and Divisional Executive shall have the power to make by-laws for the conduct and management of the Division and of any of the Divisional Councils thereof, provided that any by-law so made does not conflict with these Rules.
18 - DIVISIONAL RETURNING OFFICER AND DEPUTY DIVISIONAL RETURNING OFFICERS
(a) A Divisional Returning Officer shall be appointed by Conference at its meeting which precedes the year of election conducted pursuant to Rule 21 from a list of candidates who are financial members of the Branch within the State in which the Divisional Office of the Division is situated, and who do not hold any other office in, nor are employees of, the Union or a Branch, Section or Division of the Union. Candidates for selection as Divisional Returning Officer must make application in writing to the Divisional Secretary. Applications must contain the address of the candidate and will close with the Divisional Secretary at twelve noon on the opening day of the Divisional Conference.
(b) Branch Returning Officers shall be recognised as Deputy Divisional Returning Officers.
(c) The Divisional Returning Officer shall be responsible for the conduct of the ballot for the election of Divisional Officers and for such other ballots and plebiscites as he/she may be required to conduct pursuant to these Rules.
(d) If the person appointed as Divisional Returning Officer subsequently desires to nominate for any elected position in the Union, or a Branch thereof, he/she shall be required to tender his/her resignation from the position of Divisional Returning Officer prior to the calling of nominations for any such position. Such resignation shall be in writing and delivered to the Divisional Secretary. Whenever the position of Divisional Returning Officer becomes vacant (by resignation or otherwise) between Divisional Conferences, a new Divisional Returning Officer shall be appointed by the Divisional Executive.
(e) Should the Divisional Returning Officer be unavailable to perform a particular task or to conduct a ballot as required by the Rules, the Divisional Executive may nominate one of the Deputy Divisional Returning Officers to perform the duty or duties of the Divisional Returning Officer.
19 - NOMINATIONS FOR DIVISIONAL OFFICE
(a) Candidates for office on the Divisional Executive including Divisional President, Divisional Vice-Presidents (including Vice-President (Affirmative Action)), Divisional Secretary, and Divisional Assistant Secretaries, must be members of the Union who have been a financial member of the Union for a continuous period of not less than twelve months immediately prior to the closing date for lodging nominations under this Rule. Nominations for Divisional Conference Delegates and Divisional Executive Members and shall be called subject to the provisions of Rule 66. Candidates must be financial members of the Branch, or Industry Section to which they are attached and be nominated by at least two other financial members of the Division.
(b) (i) Candidates for Divisional Vice-President (Affirmative Action) shall be female members of the Division.
(ii) Provided that a person making the nomination for the office of Divisional Assistant Secretary (Postal) shall be a financial member of the Postal Services Industry Group and a person making the nomination for the office of Divisional Assistant Secretary (Telecommunications) shall be a financial member of the Telecommunications and Information Technology Industry Group.
(iii) Candidates for Divisional Vice-President other than the Divisional Vice-President (Affirmative Action) shall be a member of the Division.
(c) All nomination papers must be signed by and contain the addresses of those making the nomination who must be financial members of the Division and be countersigned by the person nominated.
Nominations for the office of Divisional President, Divisional Vice-Presidents, Divisional Secretary and Divisional Assistant Secretaries, must reach the Divisional Returning Officer at the Divisional Office of the Division or other place declared in the notice calling for nominations not later than twelve noon on the fourteenth (14) day of April in the year of election or, should that day be a Saturday, Sunday or a holiday, on the first day thereafter which is not a Saturday, Sunday or a holiday.
(d) On the first day of April in the year of election or, should that day be a Saturday, Sunday or a holiday, the first day thereafter which is not a Saturday, Sunday or holiday, a notification prepared by the Divisional Returning Officer calling for nominations for office shall be published in a Divisional Executive Journal. The notice shall contain details of the following matters which, subject to these Rules shall be determined by the Divisional Returning Officer:
(i) title of the office;
(ii) time and date of commencement of nominations;
(iii) time and date of closing of nominations;
(iv) place and requirements of lodgement of nominations;
(v) the time of opening and closing the ballots.
(e) If the Divisional Returning Officer finds a nomination to be defective he/she shall, before rejecting the nomination, notify the person concerned of the defect and, where it is practicable to do so, give him/her the opportunity of remedying the defect within seven (7) days after his/her being so notified.
20 - DIVISIONAL OFFICERS OF THE UNION
(a) The Officers of the Division shall be the Divisional President, the Divisional Vice-Presidents, the Divisional Secretary, and the Divisional Assistant Secretaries.
(b) In the absence of the Divisional President and/or the Divisional Secretary a Divisional Assistant Secretary will assume the responsibilities of the Divisional President and/or the Divisional Secretary in an order determined by the Divisional Executive.
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