21 - ELECTION FOR DIVISIONAL OFFICE
(b) The following Officers shall be full-time Divisional Officers:
(i) one (1) Divisional Secretary;
(ii) one (1) Divisional Assistant Secretary (Postal);
(iii) one (1) Divisional Assistant Secretary (Telecommunications)
In addition to the above, the following will be honorary Divisional Officers:
(iv) one (1) Divisional President and
two (2) Divisional Vice-Presidents
viz. one (1) Divisional Vice President and
one (1) Divisional Vice-President (Affirmative Action).
(c) (i) Full-time and Honorary Divisional Officers shall be elected for a term of four (4) years and shall take up office on 1 August following the declaration of the election to the office in question.
(ii) Divisional Conference and Divisional Executive Members shall be elected for a term of four (4) years and shall take up office from 1 August following the declaration of the election of the office in question
(iii) In the event that the Returning Officer is unable to declare a person elected to an office referred to in paragraphs (i) and (ii) above on or before 1 August in the year of election the person holding office shall remain in that office until the office is declared elected.
(iv) The election of Divisional Officers shall be by a secret ballot of the financial members of the Division conducted in accordance with these Rules and shall be held in conjunction with and at the same time as the election of Branch Officers as provided for in Rule 67. Provided that the Vice-President (Affirmative Action) shall be elected by and from financial female members of the Division.
(d) Divisional Conference and Divisional Executive members shall be elected when necessary by a secret ballot of the financial members of each Branch or Industry Section of each Branch. Such ballot to be conducted by the Branch Returning Officer in conjunction with the ballot for the election of Branch Officers and Branch Committee of Management of each Branch of the Division and, subject to sub rule (b)(iv) above, in accordance with the provisions of Rule 67.
(a) The National Council shall be constituted in accordance with rule 7.10 of Section A rules being the National Rules of the union.
(c) Except where otherwise provided, the term of office for National Councillors shall be four (4) years.
(d) Persons nominating for positions referred to in this sub-rule shall have not less than 12 months continuous financial membership of the union on the date of closing of nominations.
(h) The National Executive shall be constituted in accordance with rule 7A.1 of Section A being the National Rules of the union.
23 - DUTIES OF DIVISIONAL RETURNING OFFICER - ELECTION OF DIVISIONAL OFFICERS
The duties of the Divisional Returning Officer shall be: (a) To prepare a Roll of Voters who are entitled to vote in the election. The Roll of Voters shall close seven (7) days before the day on which nominations for the election are to open. Nothing in this sub-rule shall prevent the correction of errors in the Roll of Voters after the Roll is closed.
(b) (i) To make the Roll of Voters available for inspection and copying by members or by any other person authorised by him/her, to be used for election purposes only, during ordinary business hours at the place where he/she carries out their duties in relation to the election in the period commencing the day after the Roll of Voters is closed and ending thirty (30) days after the declaration of the result of the election.
(ii) The Roll of Voters may be kept and may be supplied electronically.
(c) If there are no more nominations than there are vacancies for a position, to declare the nominated person or persons elected to that position.
(d) If more nominations are received than there are vacancies for a position, to have ballot papers printed and delivered to him/her containing the names of the candidates for each position in the order they are drawn, indicating the number to be elected to each position, the manner in which a vote shall be recorded, and the date and the time of closing of the ballot.
(e) To be responsible for the safe custody of the ballot papers.
(f) To obtain from the printer a certificate of the number of ballot papers printed.
(g) To forward by prepaid post in an envelop having as few distinctive characteristics as possible to each member entitled to vote:
(i) such ballot paper or ballot papers as is or are appropriate for the purpose of the election;
(ii) a pre-paid or business reply paid envelope having as few distinctive characteristics as possible addressed to the Returning Officer at a Post Office Box number designated by him/her;
(iii) an envelope capable of insertion in the outer envelope referred to in (ii) above, such envelope to have provision on the outside of the envelope for the member to fill in the member's name and address and to sign his or her signature;
(iv) an envelope marked 'ballot paper only' capable of insertion in the envelope referred to in (iii) above;
(v) voting instructions, printed either on the ballot paper referred to in (i) above or on a separate sheet of paper, containing such voting instructions as the Returning Office considers necessary or desirable including an instruction that the completed ballot paper
should be inserted in the envelope referred to in (iv) above, the envelope sealed and inserted into the envelope referred to in (iii) above, the name, address and signature to be completed on the envelope referred to in (iii) above, the envelope sealed and enclosed in the outer envelope referred to in (ii) above and returned by post to the Returning Officer. Such instructions shall make clear that the process of counting by the Returning Officer shall eliminate any possibility of ascertainment of a member's identity.
(h) At the time of the forwarding of ballot papers and other documents referred to above, subject to employer approval, prepare a notice and arrange for the placing of such notice on notice boards at places where more than ten members work or report for work, informing members of the forthcoming election, the distribution of ballot papers and a statement that any member entitled to vote who does not receive a ballot paper by a date specified by the Returning Officer in his/her discretion, being a date some days after projected posting and before counting begins, to report such non-receipt to the Returning Officer.
(i) To control a ballot box provided for the receipt of ballot papers and in the presence of the scrutineers, if they desire to be present, to see that the box is empty immediately prior to the opening of the ballot and thereupon seal the said box to ensure that it remains sealed, until the time fixed for the closing of the ballot.
(j) (i) After the closing date of the ballot in the presence of scrutineers appointed pursuant to Rule 25 to open each envelope referred to in (g)(ii) above which has been returned to him/her, examine the section of the envelope referred to in (j) (iii) above, strike the name of the member appearing thereon off the roll as having voted in the election, and subject to (ii) below, admit the inner envelope marked 'ballot paper only' containing the ballot paper to the count after removing it from the outer envelope;
(ii) To conduct prior to the removal of the inner envelope marked 'ballot paper only', in the presence of scrutineers, a random check of the signatures appearing on the outer envelope by comparing approximately one signature in every one hundred votes of the signature appearing in the organisation's records, provided the Returning Officer shall have a complete discretion to check any additional signatures as he/she thinks fit;
(iii) To engage, if he/she thinks fit, the services of a Bank Officer, or such other person skilled in the comparison of signatures, to assist him/her in decisions relating to signatures, providing that the Returning Officer shall be final judge of whether the envelope has been signed by the member named therein;
(iv) After processing each of the envelopes referred in (i) above, to remove the ballot papers admitted to the count from the envelopes marked 'ballot paper only' and proceed to count the ballot;
(v) No envelope referred to in (j) (iii) above shall be admitted to the count if the envelope has not been filled up or has not been filled up to an extent sufficient in the opinion of the Returning Officer to enable him/her to be satisfied as to the identity of the member casting such votes;
(vi) To retain for a period of twelve months after completion of an election the roll of voters, and each envelope and the ballot paper referred to above;
(vii) At the completion of an election to, subject to this Rule, declare the result of the ballot and submit to the Divisional Secretary a full report on the ballot indicating the number of ballot papers printed, the number distributed, the number on hand, and any other relevant matters;
(viii) The Returning Officer for the purposes of carrying out the matters set out in (i), (ii), (iii) and (v) above may require the relevant Branch Secretary to provide him/her with reasonable access to the Branch Membership Records at such and for such period or periods of time as he/she might reasonably require. Such access shall not be or deemed to be possession for the purposes of (vi) or the provisions of the Act though any copies of such membership records, or parts thereof, made by or on behalf of the Returning Officer and coming into his/her possession shall be retained for a period of twelve months in accordance with the provisions of the Act or pursuant to (vi) above as the case may be.
(ix) Wherever in this Rule there is reference to the Returning Officer such expression shall include any of his/her staff or any person duly authorised by him/her or on his/her behalf to conduct or assist in the conduct of any of the said elections or any part thereof.
(k) The Divisional Returning Officer may take action and give such directions as he/she considers necessary in order to ensure the secrecy of the ballot and that no irregularities occur in or in connection with the election or to remedy any inconsistency or inadequacy that arises in the application of the Rules in the conduct of the election.
(l) Any candidate for an office may on payment of an amount of ten dollars within seven days of the declaration of the poll or ballot, lodge with the Divisional Secretary a demand for a recount, with the right to appoint his/her own scrutineer, and upon the receipt of such demand the Divisional Secretary shall arrange for the Divisional Returning Officer, within seven days, to conduct a recount. In the event of the recount result being in favour of the person seeking the recount, the sum of ten dollars shall be refunded to the person concerned.
(m) The system of voting shall be that known as "first past the post" and shall allow for an order of preference to be indicated by the voter so that in the event of the elimination of a candidate or candidates an effective vote may be cast. Where the intention is clear, the vote will be included in the count. This intention may be indicated by a cross or tick or where the voter desires to indicate a preference in the event of the elimination of a candidate or candidates, by a number. In the event of the votes of two or more candidates, one of whom is a sitting Officer, being equal, the sitting Officer shall be declared elected. In other cases of equal voting the Returning Officer shall determine the ballot by drawing lots.
24 - CASUAL AND EXTRAORDINARY VACANCIES - DIVISIONAL OFFICES
(a) (i) In the event of a Divisional Officer position becoming vacant for any reason, the position shall be declared vacant by the Divisional Executive within (1) one month and shall, subject to (ii) hereof, be filled by appointment of the Divisional Executive within (3) three months of the declaration of the vacancy.
(ii) The person so appointed shall hold office for so much of the unexpired part of the term of the office as does not exceed:
(A) (12) twelve months; or
(B) three-quarters of the term of the office;
whichever is the greater.
(iii) No person shall be eligible to be appointed to a vacancy unless such person has been a financial member of the Union for a continuous period of not less than twelve (12) months immediately prior to the declaration of the vacancy.
(iv) A person appointed under this Rule if nominating for the same office or position at the next election shall be deemed to be the holder of that office, or position, in accordance with these Rules.
(b) (i) In the event of a Divisional Officer position becoming vacant for any reason, and the unexpired part of the term of the office exceeds that specified by paragraph (ii) of sub-rule (a) of this Rule, the vacancy shall be filled by ballot of the financial members of the Division and the Officer so elected shall hold office until the next election of Officers.
(ii) Except as provided by subsequent paragraphs of this sub-rule the election shall be conducted in the same manner and subject to the provisions of Rules 19, 21 and 22 above.
(iii) Nominations shall be called for by notice published in the Divisional Executive or Branch Journal.
(iv) Nominations shall close at twelve noon on a date to be determined by the Divisional Returning Officer, provided that the date so determined shall be not less than fourteen days after the publication referred to in paragraph (iii) of this sub-rule and not more than thirty days after the office is declared vacant.
(v) The ballot shall close at a time and date to be fixed by the Divisional Returning Officer but not more than thirty days after the close of nominations.
(vi) At the completion of an election, and subject to this Rule, the Divisional Returning Officer shall declare the result of the ballot and submit to the Divisional Secretary a full report on the ballot indicating the number of ballot papers printed, the number distributed, the number on hand and any other relevant matters. The candidate declared elected shall be entitled to assume their office as and from the date of the declaration.
(vii) The person elected under this sub-rule to an office and if nominating for the same office at the next ballot shall be deemed to be the holder of that office in accordance with Rule 4(i).
(c) In the event of the office of National Councillor, Divisional Conference Delegate or Divisional Executive Member becoming vacant for any reason, it shall be filled by the Branch concerned in accordance with the provisions of Rule 68 except where the unexpired part of the term of office exceeds that specified by paragraph (ii) of sub-rule (a) of this Rule in which case it shall be filled by the Branch concerned in accordance with the provisions of Rule 69.
(d) Where a Divisional Officer, Divisional Conference Delegate or Divisional Executive Member has been certified by two medical specialists to be of unsound mind or subject to chronic illness to such an extent that they believe the officer incapable of carrying out the office, Divisional Executive shall request the Officer to resign. Failing acceptance of the Officer's resignation within fourteen days, the matter shall be referred back to the Divisional Executive who may then declare the position vacant. The Officer concerned shall have twenty-eight days in which to lodge an appeal to conference which may uphold or overrule the decision made by the Divisional Executive.
The Divisional Executive or Divisional Conference, when considering the matter, shall have regard to any medical evidence that the Officer desires to submit.
Where the decision of the Divisional Executive is overruled by Conference, the Officer shall be reinstated without loss.
Pending any appeal under this rule to Conference, the Officer appealing shall be entitled to the payment of ordinary remuneration. Pending the finalisation of any such appeal, no election may be held to fill the office declared vacant.
In any proceedings under this Rule, the Rules of Natural Justice shall apply, and the Officer shall be given the right to be heard and to be represented by agent, solicitor or counsel in any proceeding before the Divisional Executive or Conference.
(a) Notwithstanding anything contained in Rule 24, where a full-time office of Divisional Assistant Secretary becomes vacant more than 56 days prior to the opening of nominations for the next election of the office concerned as provided for by Rule 19, the Divisional Executive may resolve to:.
(i) abolish the office of Divisional Assistant Secretary; or
(ii) convert the office of Divisional Assistant Secretary to an honorary position.
(b) Where the Divisional Executive resolves to abolish an office of Divisional Assistant Secretary or to convert the office to an honorary office, the Divisional Executive shall direct the Divisional Secretary in accordance with Rule 10(b) to submit to Divisional Conference within fourteen (14) days:
(i) the resolution to abolish the office or to convert the office to an honorary office, as the case may be; and
(ii) the necessary rule changes required under the rules to abolish the office of a Divisional Assistant Secretary or to convert the office to an honorary office, as the case may be.
(c) Divisional Conference shall deal with the Divisional Executive resolution and the required rule changes in accordance with the provisions of Rule 10 (b), (c), (d) and (e).
(d) Pending the requirements of sub-rules (a), (b) and (c) and the certification of the required rule changes by an Industrial Registrar, the provisions of Rule 24(a) and (c) shall not apply.
(a) Any candidate in a ballot conducted pursuant to Rules 21, 23 and 24, may appoint a scrutineer who is a financial member of the Division being a person other than a candidate, to represent the candidate at the ballot. The candidate appointing a scrutineer shall, before the commencement of the ballot, notify the Returning Officer in writing of the name of such scrutineer. The candidate may, at any time by a notice in writing, appoint another such person to carry out the functions of scrutineer where the first mentioned person does not carry out those functions.
(b) Scrutineers shall be entitled to be present at all stages of the ballot. It is the duty of the scrutineer to report to the Returning Officer any irregularity in or in connection with the conduct of the ballot which has come to his/her notice. Scrutineers shall not interfere with any member at the time such member is casting a vote nor be entitled to remove, mark, alter or deface any ballot paper or other document used in connection with the election. Scrutineers shall comply with any lawful direction given by Returning Officer.
(c) The Returning Officer shall give every facility to the scrutineers to attend and represent the interests of their candidates at every stage of the ballot.
Subject to these Rules Divisional Conference, and when the Conference is not sitting, the Divisional Executive, shall have power to enter into industrial agreements, and to vary or rescind such industrial agreements, and shall have power to submit claims to Fair Work on behalf of the Division (or to any other Court or Tribunal) and to appoint some person or persons to represent the Division, and the person or persons so appointed may execute any process or document necessary for submitting the claim, and may file, as is prescribed by any Act, any process or documents to be filed on behalf of the Division.
(a) The Head Office of the Division shall be situated at Melbourne, in the State of Victoria.
(b) The Head Office may be relocated by decision of Divisional Conference.
28 - CONTROL OF DIVISIONAL CONFERENCE FUNDS
(a) All Divisional Conference funds shall be under the control of the Divisional Conference, and shall be banked in the name of the Union in the Commonwealth Bank, relevant Government owned State Bank or other financial institution approved by Conference, and shall be known as the Divisional Fund.
(b) The Divisional funds shall consist of:
(i) Any real or personal property of which the Divisional Conference by these Rules or by any established practice not inconsistent with these Rules, has, or, in the absence of any limited term lease, bailment or arrangement, would have the right of custody, control or management;
(ii) Any monies paid to the Divisional Executive by Branches by way of maintenance levies or by members in respect of fines imposed by the Conference or Executive;
(iii) Any interest, rents, dividends or other income derived from the investment or use of such funds and property;
(iv) Any superannuation or long service leave or other fund operated or controlled by the Union as a whole in accordance with these Rules for the benefit of its Officers or employees;
(v) Any Sick Pay Fund, Accident Pay Fund, Funeral Fund or like fund operated by the Union as a whole in accordance with these Rules for the benefit of its members;
(vi) Any property acquired wholly or mainly by expenditure of the monies of such funds and property or derived from other assets of such funds and property;
(vii) Proceeds of any disposal of parts of such funds and property and
(viii) Contributions in accordance with Rule 47 and/or payments received in accordance with Rule 47A paid to the Divisional Conference.
(c) Funds for ordinary or extraordinary purposes shall only be withdrawn from the Divisional Conference account by cheque, or by electronic funds transfer authorised by and notated for audit purposes by the Divisional Secretary, and such cheque or electronic funds transfer withdrawal shall be countersigned by the Divisional President or one of the Divisional Assistant Secretaries.
(d) All Divisional Conference funds shall be applied and/or invested as follows: In such lawful manner as the Divisional Conference or Executive may decide, including, without limiting the generality of this provision, on a current account in the name of the Union and the Commonwealth Bank, relevant Government-owned State Bank or other financial institution approved by the Divisional Conference, purchase or mortgage of real or personal estates situated in the Commonwealth of Australia, subscription or purchase of shares in any company registered and carrying on business in any State of the Commonwealth of Australia, or in accordance with the provisions of the Act. No funds applied and/or invested as aforesaid shall be realised except by the authority of the Divisional Executive.
(e) The Divisional Conference or Executive may raise or borrow money for the purpose of carrying out any of the objects of the division and for purchasing or leasing any real or personal property and for erecting buildings and repairing or renovating any buildings owned or occupied by it and may charge or mortgage or pledge any of its real or personal property as security for any loans. Any mortgage or instrument for securing any such loans shall have the seal of the Union affixed thereto and shall be signed by the Divisional Secretary and the Divisional President (or any person authorised to act in their place).
(f) A loan, grant or donation of an amount exceeding $1,000 shall not be made from the Divisional funds unless the Conference or Executive of the Division -
(a) has satisfied itself -
(i) that the making of the loan, grant or donation would be in accordance with the other Rules of the Union; and
(ii) in relation to a loan - 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
(b) has approved the making of a loan, grant or donation.
The Financial Year of the Divisional Conference shall terminate on the thirty first day of March each year, and an audited balance sheet shall be presented to Conference by the Divisional Secretary.
On the adoption of the balance sheet by the Divisional Conference, such decision with a copy of the balance sheet shall be published in the Division's Journals.
30 - DIVISIONAL EXECUTIVE AUDITORS
Subject to the provisions of the Act, the Divisional Executive shall appoint annually, a person competent within the meaning of that Act, as an auditor, who shall not be members of the Executive, who once a year, and at such other times as directed by the Executive, shall take the Divisional Conference books and balance sheet, with all receipts, and compare them with the bank passbook and vouchers and other financial records, and report on their examination to the Executive and to the Divisional Conference. The report shall also include the auditor's report, the general purpose financial report and the operating report as prescribed by the Act.
30A - FINANCIAL REPORTING REQUIREMENTS
(a) The Divisional Secretary shall within five (5) months of the end of the financial year provide free of charge to all members of the Division a copy of the full report for the financial year. The full report may be circulated to members by publication in the Division Journals, by correspondence or email, on the Division's website or by some other method where all Division members have access to and are able to view the full report.
(b) Notwithstanding sub-rule (a) and in addition to Rule 12 the Divisional Executive shall have the power to resolve that a concise report is to be provided to all members of the Division in lieu of a full report.
(c) The Divisional Secretary shall on the requisition in writing and signed by 5% or more of the Division's members, call a general meeting of members by way of a series of general meetings of members at different locations in each of the States [and the Northern Territory and the Australian Capital Territory] for the purpose of considering the auditor's report, the general purpose financial report and the operating report.
(d) The requisition must be made within six (6) months of the end of the financial year and state that the purpose of the general meeting is to consider the auditor's report, the general purpose financial report and the operating report of the Division for the financial year.
(e) Upon receiving a valid requisition, the Divisional Secretary must give all members of the Division not less than fourteen (14) days notice of the date, time, place and reason for calling of the series of general meetings of the members.
(f) The notice referred to in sub-rule (e) may be given by correspondence, email or by publishing a notice in the Division Journals or by notification on the Division's website.
(g) For the convenience of facilitating member attendance, video conferencing may be used for the series of general meetings.
(h) At the series of general meetings, the Divisional President or a Divisional Vice President shall preside. All members of the Division shall be entitled to attend and vote.
Not less than 5% of the membership of the Division shall form a quorum which shall be calculated by reference to the total number of members attending the series of general meetings. The question of adoption or otherwise of each of the auditor's report, the general purpose financial report and the operating report shall be decided by the majority of those members present at the series of general meetings. In the event of an even vote, the Divisional President shall have the casting vote. The general meeting is taken to have occurred at the time of the last of the meetings in the series.
31 - PROPERTY AND FUNDS OF THE DIVISION
All funds and other assets held by the Divisional Conference and/or Branches shall be the property of the Division.
(a) Any person qualified for membership shall pay to the Branch Secretary or other authorised person the prescribed entrance fee and contribution, shall be informed in writing at the time of his/her application of the financial obligations arising from membership and the circumstances and the manner in which a member may resign from the Union and shall receive a ticket entitling such person during its currency, so long as he/she remains loyal to the Rules and Resolutions of the Union, to all rights and privileges of membership and rendering such person amenable to the Rules and Resolutions of the Union. Where a qualified person has applied for membership, the person shall be a member notwithstanding his/her failure to pay the prescribed entrance fee and/or contribution but he/she shall remain liable to pay the same.
(b) Any qualified person applying for membership, except in the case of applicants who produce a clearance from a bona fide industrial organisation, shall be required to pay an entrance fee of twenty dollars ($20.00); provided that the Branch Committee of Management shall have power to waive or vary the conditions relating to the entrance fee where deemed necessary.
(c) Any qualified person who has resigned from the Union may be readmitted to membership by a resolution of the Committee of Management on payment of an entrance fee not exceeding the sum of twenty dollars ($20.00); provided that the Committee of Management shall have power in such cases to waive or vary the conditions relating to entrance fee where deemed necessary.
(d) A member of the Union may resign from membership by written notice addressed and delivered to the Secretary of the Branch to which the member is attached.
A notice of resignation from membership shall take effect:
(1) Where the member ceases to be eligible for membership of the Union:
(i) on the day on which the notice is received by the Union; or
(ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible for membership; whichever is later; or
(2) In any other case:
(i) at the end of 2 weeks after the notice is received by the Union; or
(ii) on the day specified in the notice; whichever is later.
Any dues payable but not paid by a former member of the Union in relation to a period before the member's resignation from the Union took effect, may be sued for and recovered in the name of the Union in a Court of competent jurisdiction, as a debt due to the Union.
A notice delivered to the Branch Secretary shall be taken to have been received by the Union when it was delivered.
A notice of resignation that has been received by the Union is not invalid because it was not addressed and delivered in accordance with the provisions of this sub-rule.
A resignation from membership of the Union is valid even if it is not effected in accordance with this sub-rule if the member is informed in writing by or on behalf of the Union that the resignation has been accepted.
(e) Any person who has been expelled from membership of the Union shall not be readmitted to membership except by resolution of the Branch Committee of Management carried by a vote of majority of the members present there at and upon payment of all contributions and levies accruing during the period of his/her expulsion, provided that the Branch Committee of Management shall have power to waive or vary the payment of contributions and levies accruing during the period of his/her expulsion. Any person expelled from membership by resolution of Conference shall not be readmitted to membership without the authority of Conference.
A person who has retired from the employer and who was a financial member at the time of their retirement shall be entitled to associate membership.
Associate members shall not exercise a vote or hold any position in the Division but they are entitled to attend and speak at any General Meeting.
No person can become or remain an associate member if they commence employment or intend to commence employment with any employer or industry covered by eligibility rules 2.5 to 2.22 inclusive.
Associate members shall be entitled to Branch newsletters and services as determined by the Branch Committee of Management.
All applications for Associate membership are subject to approval of the Branch Committee of Management.
Retired members admitted as an Associate Member shall have no other rights unless specifically covered by this Rule.
(a) A member who has ceased employment, or a full time officer of the union who was a member at the time of ceasing with the union and who has rendered special or valuable service to the union, may, by resolution of the Divisional Executive, a Branch General Meeting or Branch Committee of Management, be admitted as an Honorary Life Member of the union. Such admission to Honorary Life Membership shall be subject to endorsement, or otherwise, by Divisional Conference or Divisional Executive. Any resolution originating from and bestowing life membership by resolution of the Divisional Executive shall be subject to endorsement or otherwise by Divisional Conference.
(b) Branches shall advise the Divisional Secretary of any such admission to Honorary Life Membership as soon as practicable following that resolution by the Branch.
(c) Honorary Life Members shall be entitled to attend and to speak at any General Meeting, but they shall not be entitled to exercise a vote or to hold any office in the Union other than Returning Officer or Divisional Returning Officer. However, they shall be permitted to act as delegates to affiliate bodies when ordinary members are not available.
(d) On being admitted to Honorary Life Membership, such members shall be entitled to receive an Honorary Life Membership Certificate signed by the Divisional President and the Divisional Secretary.
(e) Life Members of organisations that amalgamate with the Union shall be recognised as Honorary Life Members of the Union, upon amalgamation, provided that at the time of amalgamation, they have retired or resigned their employment including a position of full-time office within the Union.
Provided that those Life Members of the amalgamating organisation who have not yet retired or resigned from their employment or from full-time office with the Union, shall upon such retirement or resignation be recognised as Honorary Life Members pending endorsement by the next succeeding Divisional Conference of the Union and/or Divisional Executive.
(f) Life Members admitted under sub-rule (e) shall have the same entitlements and privileges as provided in sub-rule (c) and (d) of this Rule.
(g) Nothing in this Rule prevents Divisional Conference or Executive from endorsing special recognition posthumously to a person who has rendered special or valuable service to the union. Such special recognition shall be known as the CEPU Service Citation and shall be seen as equivalent to the Life Membership recognition.
33A - LIFE MEMBERSHIP - ATEA/ATPOA
Notwithstanding Rule 33, all persons elected to Life Membership by ATEA/ATPOA prior to the date of amalgamation shall be deemed to be Life Members of the Union. Where an existing ATEA/ATPOA Life Member translates to an office in the new Union he/she shall continue to enjoy all the privileges of a full financial member of the Union upon payment of dues.
(a) Divisional Conference shall from time to time determine the rate of membership fees.
(b) Membership contributions shall be paid by:
(i) authorised deductions from salary;
(ii) periodic payment of dues from a bank, credit union or similar institution; or
(iii) monthly, quarterly, six monthly or annual subscriptions in advance. For the purposes of this sub-rule quarterly subscriptions shall be payable before 1st April, 1st July, 1st October and 1st January in each year; six monthly subscriptions shall be payable before 1st April and 1st October in each year; and annual subscriptions shall be payable before 1st April in each year.
(c) Subject to the rules, a member is financial if:-
(i) At the date on which deduction of the member's dues from salary commences or the date from which a member authorises the commencement of payment of dues by periodic payment from an account with a bank, credit union or similar institution, the member has paid all monies owing on a pro rata basis to that time, and
(ii) After the commencement of the deduction of dues from salary or the payment of dues by periodic payment from a bank, credit union or similar institution the member pays all outstanding monies calculated on a pro rata basis owing at the time of the commencement of such deduction or payment and continues to have dues so deducted or paid.
(iii) The member, not being a member who has authorised deductions of membership subscriptions from the member's salary or authorised in periodic payment subscriptions from a bank, credit union or similar institution, has paid monthly, quarterly, six monthly or annual subscriptions within 30 days of the due date.
(iv) In the event of deductions of union dues from salary being discontinued by a deducting authority, a member who at the time of deduction of dues being discontinued was on payroll deductions and was financial shall be financial for a period of thirty days following the date of cessation.
A person who joined the Union at a time other than at the date of commencement of the financial year shall pay at the time specified in this sub-rule, a subscription on a pro-rata basis for the unexpired portion of the year.
(d) Any monies due under the rules of the Union may be sued for by the Divisional Secretary or Branch Secretary as his/her agent.
(e) All levies and fines (whether struck by the Union under the Rules or imposed by a financial institution on default of direct debit) shall be the first charge on all monies received from members.
(f) Any member becoming unfinancial may be deprived of all the privileges of membership.
(g) Should any member be prevented from following his/her avocation through unemployment (and who is actively seeking employment in his/her avocation), illness or compulsory military service for a period of four (4) weeks or more who is on leave without pay for the same period, the Branch Committee of Management shall have power to grant exemption from dues in approved cases, and may order a refund of any portion of prepaid dues, provided that in all such cases application for exemption shall be made to the Branch Secretary in writing within eight (8) weeks of initially ceasing work.
(h) The contribution rate for Associate Members shall be set by Divisional Conference and payable in advance.
Can be called by DE DC or Rule 35(c) request
(a) Conference or the Divisional Executive, when either body deems fit or upon a request made as provided in paragraph (c) of this sub-rule, shall take the opinion of the whole of the financial membership or any defined section of the membership, upon any question, or questions, by submitting same to a plebiscite to be taken within three months of the receipt of the requisite decision or request.
Type of Question
(b) A question submitted to members by plebiscite shall be expressed as - a question of general policy or a decision as to an action which it is within the power of the Divisional Executive or Conference to take.
May be called by 50% of Branches or 10% of members of Division
(c) A request for a plebiscite shall:
(i) be made in writing by not less than 50% of Branches, following decisions made in accordance with the relevant rules, or by signed petition of not less than ten percent (10%) of the financial members of the Division or of the Industry Group concerned;
(ii) set out the question for the plebiscite;
(iii) be addressed to the Divisional Secretary and be delivered to the Head Office of the Division;
(iv) where made by petition of financial members, bear on its face the question to be put and the name in block letters and the place of work of the member signing.
Returning Officer and Process
(d) The Divisional Returning Officer shall conduct all plebiscite ballots and for that purpose may appoint such Deputy Returning Officers and, subject to these Rules, issue such directions and instructions as he/she deems fit for the conduct and control of the ballot.
(e) The plebiscite shall be conducted by secret postal ballot.
Access to membership lists
(f) All members of the Division or the defined section of the Division who are financial as at the date of the opening of the plebiscite ballot, shall have the right to vote in that plebiscite and the Divisional Secretary shall, upon request of the Divisional Returning Officer, supply him/her with a certified list of the names and addresses of all financial members.
(g) The Divisional Secretary and Branch Secretaries shall allow the Returning Officer access to whatever membership records the Returning Officer may consider necessary to examine to verify the certified list and to settle the roll of voters.
Scrutineers
(h) The Divisional Executive shall appoint such persons and such numbers of scrutineers (and the Returning Officer shall allow such access to his/her decisions and arrangements) as will fairly allow representatives of both sides of an issue in the plebiscite opportunity to scrutinise the process of the plebiscite including the counting of a ballot.
Ballot Paper and statement
(i) The Divisional Executive shall determine the form of the ballot paper, adopting the text of any question submitted in a request in accordance with paragraph (b) of this Rule. The Executive shall approve for issue to each financial member with the ballot paper, a fair summary of the arguments for and against the proposals in issue in the plebiscite question and for this purpose the Secretary, after consultation with parties in contention, shall submit to the Divisional Executive a draft of such summary.
Postal Ballot
(j) The Divisional Returning Officer shall cause to be posted to each member entitled to vote in the plebiscite a ballot paper, which shall be initialled by the Returning Officer together with replied paid addressed envelope, the summary approved by the Divisional Executive and such directions and instructions as he/she may deem necessary for the conduct of the plebiscite.
(k) Unless the Divisional Returning Officer otherwise determines and directs, the closing date for the ballot shall be twenty eight days after the date determined by the Returning Officer as the date of dispatch of the plebiscite papers to the members.
(l) After the close of the ballot, the Divisional Returning Officer shall ascertain the result and report the result of the plebiscite to the Divisional Secretary together with the full report of the whole proceedings. The Divisional Secretary shall communicate the final result of the ballot as a whole to each Branch with as little delay as possible.
Action to be taken
(m) If the question submitted to a plebiscite is carried in the affirmative such action shall be immediately taken by the Divisional Conference or Executive as is necessary to give effect to such decision.
Process prevails over decisions except plebiscites
(a) The Rank and File Participation and ratification processes provided for under this rule are in addition to the provisions of these Rules regarding Branch General, Special and Extraordinary Meetings. The provisions of this Rule, to the extent of any inconsistency, shall prevail. However, the provisions of Rule 35, where they are invoked, override Rule 36.
DE/DC decisions that must be ratified
(b) Decisions of Divisional Executive and/or Conference which propose:
(i) New Rules or amendments to existing Rules, where due notice has not been given pursuant to sub-rule 9(d) or as a consequence of an out of session decision pursuant to Rule 10; or
(ii) Acceptance of major Agreements affecting members; except that the Divisional Executive and/or Conference may exempt from the ratification process in this rule, agreements made pursuant to the Act where Divisional Executive and/or Divisional Conference is of the view that the voting procedures used in complying with the Act are sufficient to indicate the intent of the majority of members concerned or
(iii) Other matters, as determined by Divisional Conference or Divisional Executive;
shall be subject to ratification by one of the processes provided for in this Rule, except where Divisional Conference or Executive subjects such a decision to a plebiscite of members.
DC/DE to determine process
(c) Where Divisional Conference or Executive makes a decision covered by sub-rule (b), it shall also decide the most appropriate form of ratification process to be followed, limited to the following alternatives:
(i) The ratification process provided for in sub-rule (d);
(ii) The consultative survey process provided for in sub-rule (e);
(iii) The Special Members' Meetings process provided for in sub-rule (f); or
(iv) A plebiscite conducted in accordance with Rule 35.
Process generally
(d) The ratification process will comprise the following steps:
(i) Within two (2) days of the decision being taken by Divisional Executive or Divisional Conference and having been deemed ratifiable, the Divisional Secretary will advise Branches of the decision, and the date by which it must be ratified, and, if necessary, by whom it is to be ratified;
(ii) Should a Branch have members affected by the ratifiable decision, the Branch Secretary will notify the members of the Branch Committee of Management of the decision and the ratification date and the details of the Branch Committee of Management meeting called to consider ratification;
(iii) The ratification meetings(s) will be held within the period set by Divisional Conference or Divisional Executive and the result advised to the Divisional Secretary by the Branch Secretary immediately the Branch Committee of Management's position is clear;
(iv) The Divisional Secretary will advise Branches of the outcome of the ratification process. The ratification process will be recorded in the affirmative if a majority of Branches vote in favour of the ratification.
Consultative survey
(e) The consultative survey ratification process is designed for circumstances where it is deemed more appropriate for members affected by a proposal to directly consider its ratification, than to refer to Branch Committees of Management or to Special Meetings of Members, and shall comprise the following steps;
(i) Once the Divisional Executive or Divisional Conference has deemed that a decision is ratifiable by members (or a relevant section thereof) via a Consultative Survey, it shall also decide the relevant dates for conducting the survey and the methods used in conducting the survey including the form of the ballot paper and the supporting material; and the Divisional Secretary will advise the Branch accordingly;
(ii) Branch Secretaries, as appropriate, will ensure that the consultative survey is conducted within the time frame and the methods determined in sub-rule (e)(i); and upon notified closure and counting of the survey, convey the result to the Divisional Secretary;
(iii) The Divisional Secretary will tally the Divisional result and will advise Branches if the decision has been ratified or otherwise, where ratification requires an overall majority of votes cast.
Special meeting
(f) The Special Members' Meeting ratification process is designed for circumstances where it is deemed appropriate by Divisional Executive or Divisional Conference to submit a matter directly to the appropriate group of members for ratification or otherwise and shall comprise the following steps:
(i) Where the Divisional Conference or Divisional Executive decides that a matter should be subject to ratification by Special Meetings of affected members, it shall also decide which groups of members are affected and therefore eligible to vote on ratification, and the relevant dates by which the Special Meetings must be held and results returned to the Divisional Secretary; and the Divisional Secretary shall advise Branches accordingly;
(ii) Branch Secretaries, who have members eligible to consider the ratification proposal, shall make arrangements to hold the meetings(s) in the time frame established in sub-rule (f)(i); and upon conclusion of the meeting(s) convey the Branch vote to the Divisional Secretary;
(iii) The Divisional Secretary will tally the Divisional Result and will advise Branches if the decision has been ratified or otherwise, provided that where a Special Meeting called under sub-rule (f)(ii) lapses for want of a quorum, the Branch votes will be recorded in the affirmative. The ratification process will be recorded in the affirmative if an overall majority of votes are cast in favour of ratification.
Implementation
(g) Where a decision of Divisional Executive or Divisional Conference has been subject to ratification processes under this Rule or Rule 35, the Divisional Secretary and Divisional President will ensure that the decision, method and results of ratification are published within fourteen (14) days.
In furtherance of the lawful objects of the Union, industrial action may be taken as follows:
(a) upon the approval of the Divisional Conference or Divisional Executive being carried in accordance with these Rules; or
(b) in emergent circumstances, upon the authorization of the Divisional Secretary after consultation with the Divisional President.
A bargaining period not directly affecting members of another Division, may be instituted on behalf of the Union by the Divisional Secretary, or in the absence of the Divisional Secretary, by the Divisional President.
38 - DUTIES OF DIVISIONAL PRESIDENT
(j) The Divisional President's duties shall be:
(i) to preside at all Divisional Conference and Executive meetings and any other meetings held at the direction of the Divisional Conference or Executive;
(ii) to ensure that the general working of the Division is in accordance with the Rules and the decisions of Divisional Conference and Executive;
(iii) to jointly publish with the Divisional Secretary the official journal of the Division concerning matters of interest and information to members;
(iv) to sign the minute book in the presence of the meeting upon the Minutes of Divisional Conference or Executive being confirmed;
(v) to preserve good order at all meetings so that the business of the Division may be properly conducted. Further, in all other matters to act as directed by the Divisional Conference or Executive; and
(vi) to submit at his/her discretion a report to Divisional Conference.
39 - DUTIES OF DIVISIONAL VICE PRESIDENTS
The Divisional Vice Presidents shall assist the Divisional President at meetings of the Divisional Conference and the Executive as required and at any other meetings directed to be held by the Divisional Executive or Conference.
In the absence of the Divisional President or when the Divisional President desires to leave the Chair, the meeting shall select one of the Divisional Vice Presidents to occupy the Chair and assist in having the business of the Division carried out in accordance with the Rules.
The Divisional Vice Presidents may be allocated special duties or functions by the Divisional Conference or Executive.
40 - DUTIES OF DIVISIONAL SECRETARY
The duties of the Divisional Secretary shall be:
(i) to be responsible for the implementation of Divisional Conference and Executive decisions and the day to day Divisional issues;
(ii) to be responsible for the overall administration of the Divisional Office and of the funds and property of the Divisional Executive, including Divisional office staff selection and administration;
(iii) to keep a correct account of all monies received and expended, and to keep a record of all receipts and vouchers. To pay into the Division's bank account all cash received within forty eight hours after its receipt. To sign all cheques and authorise Electronic Funds Transfer, together with the Divisional President or Assistant Divisional Secretaries and at all reasonable times produce the bank books when required by the Divisional Executive for their inspection together with a copy of the general balance sheet;
(iv) to promptly attend to all correspondence and answer such questions as may be asked in accordance with the Rules of the Division and generally to act according to the directions of the Divisional Conference and Executive;
(v) to attend all meetings of Divisional Conference and Executive and to ensure that minutes of such meetings are taken;
(vi) to keep a correct credit and debit account between every Branch of the Division;
(vii) to produce to the auditor at each audit the banking books and financial records of the Division with balance sheet, for inspection together with the receipts and vouchers and all other documents in his/her possession and to sit with the auditors when auditing the Divisional Executive accounts, inserting his/her name and address on all letters and returns and generally maintain a report on the accounts of the Divisional Executive in accordance with the requirements of the Act;
(viii) to convene meetings of the Divisional Executive;
(ix) to supply all Branches with a copy of the minutes of meetings of Conference and the Divisional Executive;
(x) to prepare a summary of Branch balance sheets and forward them to the Branch Secretaries;
(xi) to prepare and forward the annual returns to the Industrial Registrar;
(xii) to jointly edit with the Divisional President the official journal of the Division concerning matters of interest and information to members;
(xiii) to keep the register of Branches of the Division in accordance with the provisions of Rule 49;
(xiv) to do all other things required by these Rules of the Divisional Secretary together with such special duties and responsibilities as required and directed by Divisional Conference or Executive.
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