41 - DUTIES OF DIVISIONAL ASSISTANT SECRETARIES
The duties of the Divisional Assistant Secretaries shall be as follows:
(i) to assist the Divisional Secretary in accordance with the directions and subject to the authority of the Divisional Secretary;
(ii) to attend all meetings of Divisional Conference and Executive;
(iii) to jointly prepare and submit the Divisional Executive Report when required;
(iv) in the case of the Divisional Assistant Secretary (Postal) band subject to (i) above, to have responsibility for the implementation of Divisional Conference and Executive decisions and day to day matters which primarily affect Postal Services Industry Group members; and
(v) in the case of the Divisional Assistant Secretary (Telecommunications) band subject to (i) above, to have responsibility for the implementation of Divisional Conference and Executive decisions and day to day matters which primarily affect Telecommunications and Information Technology Industry Group members.
CHARGES there are two categories.
Charges may be made against all members
APPEALS may be made to EAB
(a) Any member of the Division may charge any other member with:
(i) Failing to observe any of the Rules of the Division or of any Branch;
(ii) Knowingly failing to comply with any resolution of the Divisional Conference, the Divisional Executive or a Branch Committee of Management;
(iii) Committing any fraudulent act or unlawful act in relation to the funds or property of the Union, or in relation to any election held under its Rules;
(iv) Knowingly giving false or misleading information to the Divisional Conference, the Divisional Executive or a Branch Committee of Management or to any meetings held under the Rules of the Division or to any Officer of the Division on any matter affecting the interests of the Division or its members;
(v) Wrongfully holding himself/herself out as occupying any office or position in the Division or any Branch thereof, or as being entitled to represent the Division or a Branch in any capacity;
(vi) Obstructing or unreasonably failing to assist any Officer in the course of his/her duties;
(vii) After having been reasonably requested to assist, failing to assist the Divisional Conference, the Divisional Executive, any Branch Committee of Management or other lawful committee or body of the Division in any way in the performance of its functions;
(viii) Failing to report to the Divisional Executive or a Branch Committee of Management a member who he/she believes has been guilty of a breach of the Rules;
(ix) Behaving in a drunken, disorderly or offensive manner at any meeting held under the Rules of the Division or in the office of the Division or of any Branch;
(x) Aiding or encouraging any member in any offence under the Rules.
(xi) Laying a charge or charges under this Rule which is or are frivolous, vexatious or without reasonable cause.
Serious Charges against elected officers
(b) Without limiting the generality of sub-rule (a) of this Rule, any member of the Union may charge any person elected to office within the Division with:
(i) Misappropriation of the funds of the Division;
(ii) A substantial breach of the Rules of the Division;
(iii) Gross misbehaviour; or
(iv) Gross neglect of duty.
Provided that where a full-time Divisional Officer is so charged, the charge shall be made to the Divisional Secretary.
Type A charges - summons to DE DC or BCOM
(c) Any charge laid pursuant to sub-rule (a) of this Rule shall be made in writing and shall be made to the Divisional Secretary or Branch Secretary. Such Officer may, if he/she thinks fit, and shall, if directed by the Divisional Executive or, in the case of the Branch Secretary, by the Branch Committee of Management, summon the member charged before one of those bodies.
Notwithstanding anything else in these Rules including in particular Rule 16, in giving any direction under this sub-rule, each member of the Divisional Executive or Branch Committee of Management shall be entitled to exercise one (1) vote only.
Type B charges - summons to external Disciplinary Board EDB
(d) Any charge laid against an Officer pursuant to sub-rule (a), any charge laid against a member pursuant to paragraph (xi) of sub-rule (a) in respect of any charge against an Officer and/or any charge laid pursuant to sub-rule (b) of this Rule shall be made in writing and shall be made to the Divisional Secretary or Branch Secretary. Such Officer may, if he/she thinks fit, and shall, if directed by the Divisional Executive or in the case of the Branch Secretary, by the Branch Committee of Management, summon the member charged before the External Disciplinary Board. Notwithstanding anything else in these Rules including in particular Rule 16, in giving any direction under this sub-rule, each member of the Divisional Executive or Branch Committee of Management shall be entitled to exercise one (1) vote only.
The summons
(e) A summons shall be in writing and shall state the time and place of the hearing, the name of the person laying the charge, and the substance of the charge. The person charged shall be given reasonable notice of the hearing and his/her fares to and from the place of hearing shall be paid. He/she shall, on written request, be supplied with such further particulars as may be necessary to indicate the precise matters with which he/she is charged.
Powers of DE and BCOM to hear Type A charges
(f) (i) The Divisional Executive and the Branch Committee of Management shall have power to hear and determine charges laid against a member pursuant to sub-rule (a) of this Rule other than a charge laid against a member pursuant to paragraph (xi) of sub-rule (a) in respect of any charge against an Officer. Notwithstanding anything else contained in these Rules including in particular Rule 16, in determining charges laid pursuant to sub-rule (a) of this Rule, each member of the Divisional Executive or Branch Committee of Management shall be entitled to exercise one (1) vote only.
Powers of EDB to hear Type B charges
(ii) The External Disciplinary Board shall have the power to hear, report on and make recommendations with respect to charges laid against an Officer pursuant to sub-rule (a), charges laid against a member pursuant to paragraph (xi) of sub-rule (a) in respect of any charge against an Officer, or charges laid pursuant to sub-rule (b) of this Rule.
(g) In the case of any charge against a member or an Officer, at the appointed time and place (or at such time and place to which the meeting is adjourned or postponed and of which the member charged is notified), the charge may be investigated, and the hearing may proceed in the absence of the member charged, unless a satisfactory explanation of his/her absence has been received. At the hearing the procedures in sub-rules (q) and (r), as the case may be, shall be followed and the member charged must be given a reasonable opportunity to defend himself/herself, call any witnesses upon his evidence he/she may rely, and, if he/she wishes, tender a written submission.
Penalties available to EDB - recommendation to DE DC BCOM
(h) If the Divisional Executive or Branch Committee of Management finds a member guilty of a charge laid pursuant to sub-rule (a) of this Rule, it may:
(i) Fine him/her a sum not exceeding five-hundred dollars ($500.00);
(ii) Expel him/her from membership of the Union;
(iii) Suspend him/her from membership for a specified period or until the happening of a specified event or until the performance by him/her of a specified act. Suspension from membership shall deprive him/her from the rights and benefits of membership, but shall not relieve him/her of the obligations of membership and shall not exceed six (6) months for any offence;
(iv) Impose no penalty.
(i) At the conclusion of a hearing of the External Disciplinary Board, the Board shall provide a report to the Divisional Secretary or Branch Secretary (as the case may be) advising as to any findings of fact reached by the External Disciplinary Board concerning allegations made in relation to the charge together with recommendations to the Divisional Executive or Branch Committee of Management concerning the issue of whether, in the view of the External Disciplinary Board, the findings of fact are sufficient to justify a conclusion that the person charged is guilty of an offence under the Rules and if so, what offence or offences are so established in the view of the External Disciplinary Board. In addition, the report of the External Disciplinary Board shall make a recommendation as to what penalty, if any, permissible under the Rules, would be fair and appropriate for the Divisional Executive or Branch Committee of Management to impose on such Officer in the event that the recommendations of the External Disciplinary Board are followed by the Divisional Executive or Branch Committee of Management. For the purposes of this sub-rule, a report of the External Disciplinary Board may include the provision of more than one (1) report in the event that the External Disciplinary Board fails to reach an unanimous conclusion and provides a majority and a minority report.
(j) The External Disciplinary Board, prior to making any recommendation in relation to a penalty/penalties shall afford the person laying the charge and the person so charged a reasonable opportunity to make submissions specifically in relation to penalty and shall give due consideration to such submissions prior to the making of any recommendation as to penalty.
EDB Report to be considered by BCOM DC DE
(k) The Divisional Secretary, or Branch Secretary, shall present the report and recommendations of the External Disciplinary Board to the Divisional Executive or Branch Committee of Management and such deliberative body shall give consideration to the report and recommendations. Where the report of the External Disciplinary Board finds that there are insufficient facts to justify a conclusion that the person charged is guilty of an offence under the Rules, the Divisional Executive or Branch Committee of Management shall find the Officer not guilty of the charge laid. Where in the view of the External Disciplinary Board the findings of fact are sufficient to justify a conclusion that the Officer charged is guilty of an offence under the Rules, the Divisional Secretary, or Branch Secretary, shall present the report and recommendations of the External Disciplinary Board to the Divisional Executive or Branch Committee of Management and such deliberative body shall give consideration to the report and recommendations. The Divisional Executive or Branch Committee of Management may, after due consideration, resolve to accept, accept in part, vary or reject the report and recommendations of the External Disciplinary Board.
(l) Where the Divisional Executive or Branch Committee of Management gives consideration pursuant to sub-rule (k) of this Rule, notwithstanding anything else in these Rules including in particular Rule 16, each member of the Divisional Executive or Branch Committee of Management shall be entitled to exercise one (1) vote only.
Only Rule42(b) offences attract dismissal of officer
(m) Notwithstanding anything else contained in this Rule, the Divisional Executive or Branch Committee of Management shall not dismiss or suspend from office, or expel or suspend from membership of the Union any person elected to office within the Union unless such person has been found guilty of a charge laid pursuant to sub-rule (b) of this Rule, in which event the Divisional Executive or the Branch Committee of Management (as the case may be) may take in respect of such person any of the actions specified in sub-rule (h) of this Rule, or may dismiss such person from office or may suspend him/her from office for such period as it thinks fit or until the happening of a specified act provided that such suspension from office shall not exceed six (6) months for any offence.
Appeal - full pay
(n) Where a full-time Officer has been dismissed or suspended from office or expelled or suspended from membership of the Union in accordance with this Rule and he/she elects to appeal pursuant to sub-rule (o) of this Rule, he/she shall be deemed to have been suspended from office on full pay from the date of the imposition of such penalty until the hearing and determination of his/her appeal.
Appeal - Type A and B Process - External Appeals Board EAB
(o) A member or an Officer who has been found guilty of a charge laid pursuant to sub-rule (a) or (b) of this Rule and on whom a penalty has been imposed by the Divisional Executive or Branch Committee of Management, may appeal to the External Appeals Board which may confirm, vary or annul the decision and/or penalty. Notice of appeal shall be given in writing to the Divisional Secretary within twenty-one (21) days from the date of the member or Officer being notified of the Divisional Executive or Branch Committee of Management and shall set forth in full all matters which the Appellant desires to be considered. The External Appeals Board shall hear the appeal as quickly as practicable. The decision of the External Appeals Board shall be final and conclusive. The Divisional Conference, Divisional Executive and/or the relevant Branch Committee of Management shall give immediate effect to a decision of the External Appeals Board.
Status Quo during Appeal
(p) Subject to sub-rule (n) of this Rule, application of any penalty imposed under this Rule shall be withheld whilst the member is exercising a right of appeal provided by this Rule.
Process Generally
(q) For all investigations or inquiries or appeals provided for by these Rules and in particular by this Rule and including an appeal, the following procedure shall be followed:
(i) Inform the member charged that a charge has been laid against him/her under the Rules (quote rule) by a member (naming the Member) and that a Rule Book is available for him/her if he/she requires it. Read the charge;
(ii) Ask whether the member charged pleads guilty or not guilty;
(iii) Ask the member laying the charge to state a case;
(iv) Give the member charged and then members of the Tribunal or Board an opportunity to question the person laying the charge;
(v) Ask the member making the charge to call witnesses, if any, or other evidence;
(vi) Hear evidence of witnesses;
(vii) Give the member charged and then members of the Tribunal or Board an opportunity to question each witness;
(viii) Ask the member charged to answer the case;
(ix) Give the member laying the charge and then members of the Tribunal or Board an opportunity to question the member charged;
(x) Ask the member charged for witnesses, if any, or other evidence;
(xi) Hear evidence of each witness;
(xii) Give opportunity to the member laying the charge and then members of the Tribunal or Board to question witnesses;
(xiii) Give the member laying the charge and then the member so charged an opportunity to address members of the Tribunal or Board on the whole case;
(xiv) Ask the member charged and the person laying the charge to withdraw while the matter is discussed by members of the Tribunal or Board. Inform them, if possible, how long it is expected before a decision or report will be given, eg telling them either to wait or that the decision or report will be notified in writing;
(xv) Discuss evidence and decide whether guilty or not. If guilty, decide or recommend on penalty, if any.
(r) Provided that nothing in sub-rule (q) of this Rule shall prevent the External Disciplinary Board or the External Appeals Board from generally giving all such directions, and doing all such things, as are necessary or expedient for the speedy and just hearing of the matter.
42A - EXTERNAL DISCIPLINARY BOARD AND EXTERNAL APPEALS BOARD
(a) For the purposes of Rule 42, the Divisional Conference shall, from time to time, appoint persons, qualified in accordance with this Rule, to constitute a body to be known as the External Disciplinary Board.
EDB Chair and alternate Chair
(b) The External Disciplinary Board shall be chaired by a chairperson appointed by the Divisional Conference from a list of qualified persons provided to the Divisional Conference by the Divisional Secretary after consultation with the Branch Secretaries.
(c) In addition to the appointment of a chairperson, the Divisional Conference shall appoint a number of persons, but not less than two (2), as alternate chairpersons, any one (1) of whom would be qualified to act as chairperson in the event that the chairperson is unable to perform that function in respect of any particular hearing.
(d) For the purposes of this Rule, a person shall be qualified to be appointed as a chairperson or alternate chairperson if they have previously had experience as a judicial officer or Deputy President or Commissioner of an industrial tribunal or an industrial registrar or an industrial law practitioner and has retired from such office or profession.
EDB members other than Chair
(e) A second and third member of the External Disciplinary Board shall be appointed by the Divisional Conference from a list of qualified persons provided by the Secretary of the Australian Council of Trade Unions (ACTU) following a request to the ACTU by the Divisional Secretary. For the purposes of this sub-rule, a person shall be qualified to be appointed if they are a retired union of employees official with experience in union administration with a union other than the Union or its predecessors.
(f) In addition to the appointment of ACTU nominated board members, the Divisional Conference shall appoint from the same list of persons at least four (4) alternate board members to the External Disciplinary Board in the event that either of the ACTU panel members are unavailable in respect of any particular hearing or for the purposes of the External Appeals Board.
EDB Terms of Office
(g) The Divisional Conference shall determine the term of any appointment to the External Disciplinary Board provided that no appointment shall be made for a period of less than one (1) year or greater than three (3) years. Further provided that the Divisional Conference shall have the power to revoke any appointment to the External Disciplinary Board.
(h) In the event that a member of the External Disciplinary Board declines to continue their participation in the functioning of the Board or has their appointment revoked, the Divisional Conference shall have power to appoint a replacement for such board member providing always that the replacement so appointed is qualified, in accordance with this Rule, in like manner to the Board member being replaced.
EAB External Appeals Board - Type A charges
(i) In the event of any appeal against any decision of the Divisional Executive or a Branch Committee of Management, the appeal shall be heard by the External Disciplinary Board sitting as the External Appeals Board.
EAB External Appeals Board - Type B charges
(j) In the event of any appeal against any decision of the Divisional Executive or a Branch Committee of Management arising from a report and recommendations of the External Disciplinary Board, the Board shall be reconstituted as the External Appeals Board. The External Appeals Board shall be reconstituted as follows:
(i) the Chairperson of the External Disciplinary Board appealed from; and
(ii) two (2) members qualified in accordance with sub-rule (e) hereof who did not sit on the External Disciplinary Board appealed from.
EDB EAB Sitting Fees
(k) The Divisional Conference shall establish a schedule of sitting fees for the members of the External Disciplinary Board and the External Appeals Board.
(l) To ensure that the External Disciplinary Board and the External Appeals Board are able to make arrangements for the independent administrative support of their work and to pay for sitting fees, and such travel, accommodation and other expenses they incur, Divisional Conference shall establish a procedure to ensure that the costs referred to in sub-rule (k) and in this sub-rule in respect of charges referred to the External Disciplinary Board by the Divisional Secretary and for appeals referred to the External Appeals Board by the Divisional Secretary shall be met out of the funds of the Divisional Conference account and that such costs incurred in respect of charges referred to the External Disciplinary Board by a Branch Secretary (and any appeal arising therefrom) shall be met out of the funds of the Branch in question.
(a) There shall be two (2) Divisional Councils constituted covering the Postal Services Industry Group known as the Postal Services Industry Council and the Telecommunications and Information Technology Industry Group known as the Telecommunications and Information Technology Industry Council respectively. The Postal Services and Telecommunications and Information Technology Industry Councils shall consist of the Divisional Officers and the Divisional Executive members from each relevant Industry Section.
(b) The Divisional Councils shall consider and make recommendations only to the Divisional Conference and/or Divisional Executive on policy and industrial matters relating to the Industry Group they cover.
(c) The frequency, dates and venues and agenda of Divisional Council meetings shall be determined by the Divisional Executive on the recommendation of the Divisional Secretary and Divisional President. The membership of certain Divisional Officers of both Divisional Councils will not prevent simultaneous meetings of both bodies.
(d) Meetings of the Divisional Councils shall be convened jointly by the Divisional President and Divisional Secretary.
(e) Divisional Councils will be properly constituted when at least (50) fifty per cent of members are present.
(f) Each member of a Divisional Council shall have one vote. Resolutions shall be carried by a simple majority.
43A - NATIONAL WOMEN'S COMMITTEE
(a) The Divisional Secretary shall convene a National Women's Committee to be chaired by the Divisional Vice President (Affirmative Action) which shall meet at least annually. The Committee will be comprised of a maximum of two female representatives from each Branch, the Divisional Vice President (Affirmative Action) and the Divisional Secretary or their nominee. The committee can meet face to face, by telephone conference or by video conference. The Divisional Vice President (Affirmative Action) shall be responsible for referring decisions of the National Women's Committee to the Divisional Postal or Telecommunications councils and/or the Divisional Executive as appropriate.
(b) The National Women's Committee will be properly constituted when at least (50) fifty per cent of members are present.
(c) Each member of the National Women's Committee shall have one vote. Resolutions shall be carried by a simple majority.
SECTION 2 - CONSTITUTION AND MANAGEMENT GENERALLY
RULE REPLACED - SEE RULE 91
(a) The Division shall consist of the following Branches:
(b) Subject to these Rules, a Branch shall be autonomous in relation to matters affecting only members of the Branch and shall, in accordance with the Rules elect Branch Officers and manage
the affairs of the Branch. All Branches shall comply with resolutions of Divisional Conference and Executive.
(i) the New South Wales (including residents in the ACT) Postal and Telecommunications Branch;
(ii) the New South Wales (including residents in the ACT) Telecommunications and Services Branch;
(iii) the Victorian Postal and Telecommunications Branch;
(iv) the Victorian Telecommunications and Services Branch;
(v) the Queensland Communications Division Branch;
(vi) the South Australian and Northern Territory Communications Division Branch;
(vii) the Western Australian Communications Division Branch;
and such further or other Branches as may from time to time be determined by Divisional Conference.
(a) The Division shall consist of the following Branches:
(i) the CWU Central Branch which shall be constituted by all members of the Division resident in New South Wales, the Australia Capital Territory, Queensland, South Australia and the Northern Territory other than members resident in New South Wales (including residents in the ACT) of the Telecommunications and Services Branch;
(ii) the Telecommunications and Services Branch;
(iii) the Victorian Postal and Telecommunications Branch;
(iv) the Western Australian Communications Division Branch;
and such further or other Branches as may from time to time be determined by Divisional Conference.
(b) Subject to these Rules, a Branch shall be autonomous in relation to matters affecting only members of the Branch and shall, in accordance with the Rules elect Branch Officers and manage the affairs of the Branch. All Branches shall comply with resolutions of Divisional Conference and Executive.
45 - DIVISIONAL CONFERENCE AND DIVISIONAL EXECUTIVE AUTHORITY OVER BRANCHES
(a) If a Branch Committee of Management or an Officer of a Branch refuse or fail to comply with these Rules or with a lawful resolution of the Divisional Conference or lawful direction of the Divisional Executive, the Divisional Executive may, after inquiry, determine that the Branch Committee of Management or Officers of the Branch have acted in a manner prejudicial to the good order and government of the Division.
(b) A determination under this Rule shall not be made unless:
(i) the refusal or failure to comply, relates to a Rule, resolution or direction in respect of which notice to comply, so as far as practicable, has been brought to the attention of members of the Branch Committee of Management or the Officers of the Branch, and is not desisted from as soon as reasonably practicable after such notice;
(ii) the refusal or failure to comply amounts to a misappropriation of the funds of the Branch or the Division, a substantial breach of the Rules, gross misbehaviour or gross neglect of the duties of the Branch Committee of Management, or of the Officers of the Branch;
(c) Where the Divisional Executive has made a determination under this Rule it may, after inquiry, and after hearing from (or providing reasonable opportunity to be heard to) representatives appointed by the Branch Committee of Management or Officers in defence of themselves or the Branch:
(i) suspend the members of the Branch Committee of Management or Officers from office for such periods not exceeding 12 months as it determines;
(ii) appoint at the expense of the Union a member of the Divisional Executive to conduct and manage the affairs of the Branch during the period of suspension, subject to the direction of the Divisional Executive; and
(iii) require such Branch Committee of Management to deliver up to the person so appointed all the funds of the Branch.
(d) During the period of any suspension imposed pursuant to this Rule, a paid Officer of the Branch shall, subject to his/her not being removed from office pursuant to these Rules, continue to be remunerated out of the funds of the Branch and shall perform such duties as are allocated to him/her by the person appointed by the Divisional Executive to conduct and manage the affairs of the Branch.
(e) Any Branch which fails to pay to Divisional Conference its membership contributions due under Rule 48 within one month after the close of the relevant monthly period shall be liable to be dealt with under this Rule.
(f) All property, money and books of the Branch in respect of which there is a determination under paragraph (a) of this Rule shall, on demand made by the Divisional Executive to a person or member having the custody or control of same be forthwith delivered up to the person charged to receive them as specified in the demand.
RULE REPLACED - SEE RULE 91
(a) The Queensland, South Australian and Northern Territory and Western Australian Communications Divisional Branches shall have two (2) Industry Sections and each member shall be allocated to an industry Section.
46 - INDUSTRY SECTIONS - WESTERN AUSTRALIAN COMMUNICATIONS DIVISION BRANCH
(a) The Western Australian Communications Division Branch shall have two (2) Industry Sections and each member shall be allocated to an Industry Section
(i) Postal Services Industry Section:
(A) All members employed or otherwise engaged by the Australian Postal Corporation (or any successor thereto or a body corporate related to the
Australian Postal Corporation (or any successor thereto) being a related body corporate within the meaning of the Corporations Act 2001); and
(B) All members employed or otherwise engaged by employers which the Divisional Executive determines operates substantially in or in connection with the installation, maintenance or provision of postal services; and
(C) Without limiting the foregoing, all members eligible for membership pursuant to National Rules 2.5.1, 2.5.1(a), 2.6, 2.7, 2.8, 2.9, 2.11.2 or 2.21.1 (if employed or otherwise engaged by the Australian Postal Corporation)
(ii) Telecommunications and Information Technology Industry Section:
(A) All members employed or otherwise engaged by Telstra Corporation Limited (or any successor thereto or a body corporate related to Telstra Corporation Limited (or any successor thereto) being a related body corporate within the meaning of the Corporations Act 2001); and
(B) All members employed or otherwise engaged by Network Design and Construction Limited (or any successor thereto or a body corporate related to Network Design and Construction Limited (or any successor thereto) being a related body corporate within the meaning of the Corporations Act 2001); and
(C) All members employed or otherwise engaged by Optus Administration Pty Limited (or any successor thereto or a body corporate related to Optus Administration Pty Limited (or any successor thereto) being a related body corporate within the meaning of the Corporations Act 2001); and
(D) All members employed or otherwise engaged by employers which the Divisional Executive determines operates substantially in or in connection with the installation, maintenance or provision of telecommunications; and
(E) Without limiting the foregoing, all members eligible for membership pursuant to National Rules 2.5.2, 2.10, 2.11.1, 2.17 (if not employed or otherwise engaged by the Australian Postal Corporation), 2.18, 2.19, 2.20 and 2.21.1 (if not employed or otherwise engaged by the Australian Postal Corporation)
(b) Industrial officers and employees of the Division shall be allocated to an Industry Section by the Divisional Executive consistent with sub-rule (a)
RULE REPLACED - SEE RULE 91
46A - INDUSTRY SECTIONS - NEW SOUTH WALES AND VICTORIAN POSTAL AND TELECOMMUNICATIONS BRANCHES
(a) The New South Wales and Victorian Postal and Telecommunications Branches shall have two (2) Industry Sections and each member shall be allocated to an Industry Section. The Industry Sections shall be constituted in the following manner:
46A - INDUSTRY SECTIONS - VICTORIAN POSTAL AND TELECOMMUNICATIONS BRANCH
(a) The Victorian Postal and Telecommunications Branch shall have two (2) Industry Sections and each member shall be allocated to an Industry Section
(i) Postal Industry Section: All members employed by the Australian Postal Corporation, or by employers which the Divisional Executive determines operates substantially in or in connection with postal services;
(ii) Lines and General Industry Section: All members eligible for membership of the Union pursuant to National Rules 2.5 or 2.9 and all members who the Divisional Executive determines undertake functions substantially in or in connection with telecommunications services of a type traditionally provided by members but not members performing the functions which are specified in the Telecommunications Technical Officers structure, Electrical Officers structure, Production Officers structure and Tradesperson structure as set out in sub-clauses 8B1-4 inclusive of the Australian Telecommunications Commission Telecommunications Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 1975 as at 1 November, 1991 and the Operator Assisted Services structure in Clause 24 of the Australian Telecommunications Commission Telephone and Phonogram Staff (Salaries and Specific Conditions of Employment) Award 1978 as at 1 November, 1991, except those functions in common with functions specified in clause 51 of the Telecom/APTU Award 1989 as at 1 November 1991.
(b) Industrial officers and employees of the Division shall:
(i) in the case of persons who are members of the Division before becoming an Industrial Officer or employee remain in the Industry Section they were allocated to before becoming an Industrial Officer or employee;
(ii) in the case of Industrial Officers or employees who were not members of the Union before becoming an Industrial Officer or employee employed by the Divisional Office of the Division - subject to the approval of Divisional Conference, be allocated to the Industrial Section of his or her choice and shall not be subsequently allocated to any other Industry Section;
(iii) in the case of Industrial Officers or employees who were not members of the Union before becoming an Industrial Officer or employee employed by a Branch of the Division - subject to the approval of Branch Committee of Management be allocated to the Industry Section of his or her choice, and shall not subsequently be allocated to another Industry Section.
RULE REPLACED - SEE RULE 91
46B - INDUSTRY SECTIONS - NEW SOUTH WALES AND VICTORIAN TELECOMMUNICATIONS AND SERVICES BRANCHES
(a) The New South Wales and Victorian Telecommunications and Services Branches shall have two Industry Sections and each member shall be allocated to an Industry Section. The Industry Sections shall be constituted in the following manner:
46B - INDUSTRY SECTIONS - TELECOMMUNICATIONS AND SERVICES BRANCH
(a) The Telecommunications and Services Branches shall have two Industry Sections and each member shall be allocated to an Industry Section. The Industry Sections shall be constituted in the following manner:
(i) Technical Industry Section:
(A) all members eligible for membership of the Union pursuant to National Rule 2.11;
(B) all members who the Divisional Executive determines undertake functions substantially in or in connection with telecommunications services of a type traditionally provided by members of the Technical Industry Section of the ATEA/ATPOA but not members performing the functions which are specified in the Communications Officer Structure as set out in Clause 51 of the Telecom/APTU Award 1989 as at 1 November 1991, except those functions which are in common with functions specified in Clause 8B1-4 inclusive of the Australian Telecommunications Commission Telecommunications Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 1975 as at 1 November 1991; and
(C) all members of the Union employed by Optus Communications Pty Ltd or any of its subsidiaries or related companies.
(ii) Operator Industry Section: All members eligible for membership pursuant to National Rule 2.17, and all members who the Divisional Executive determines undertake functions substantially in or in connection with telecommunications services of a type traditionally provided by members of the Operator Industry Section of the ATEA/ATPOA as at 1 November 1991.
(iii) Where the designation of a class of employees or a group of employees within a class is changed to another designation, and provided that the majority of functions undertaken by the members remains substantially unaltered, then the members will retain membership within their existing Industry Section.
(iv) Where a new classification is created or where functions are substantially altered to the extent that the majority of functions are not clearly identified by reference to work carried out by the Branch the members shall be allocated to an Industry Section by agreement between the Industry Councils and failing agreement to an Industry Section determined by the Divisional Executive having regard to the following factors in descending order of importance:
(A) the Industry Section in which most of the functions of the new classification would ordinarily have been undertaken as at 1 November 1991.
(B) the Industry Section to which the members currently belong.
(C) ATEA/ATPOA and APTU Eligibility Rules as at 1 November 1991.
(b) Industrial officers and employees of the Division shall:
(i) in the case of persons who are members of the Division before becoming an Industrial Officer or employee remain in the Industry Section they were allocated to before becoming an Industrial Officer or employee;
(ii) in the case of Industrial Officers or employees who were not members of the Union before becoming an Industrial Officer or employee employed by the Divisional Office of the Division - subject to the approval of Divisional Conference, be allocated to the Industrial Section of his or her choice and shall not be subsequently allocated to any other Industry Section;
(iii) in the case of Industrial Officers or employees who were not members of the Union before becoming an Industrial Officer or employee employed by a Branch of the Division - subject to the approval of Branch Committee of Management be allocated to the Industry Section of his or her choice, and shall not subsequently be allocated to another Industry Section.
(c) In the case of Technical and Operator Industry Sections, on and from the date on which a Rule replacing National Rules 2.11 and 2.17 comes into effect persons becoming members of the Union will be allocated to an Industry Section by the Branch Secretary in consultation with a Branch Assistant Secretary from each Industry Section.
(d) Nothing in sub-rule (c) shall affect the allocation of members to Industry Sections made while National Rules 2.11 and 2.17 are in effect.
NEW RULE INSERTED - SEE RULE 91
46C - INDUSTRY SECTIONS - CWU CENTRAL BRANCH
46C - INDUSTRY SECTIONS - CWU CENTRAL BRANCH
(a) The CWU Central Branch shall have three Industry Sections and each member shall be allocated to an Industry Section. The Industry Sections shall be constituted in the following manner.
(b) Members resident within New South Wales and the Australian Capital Territory shall be allocated on the following basis:
(i) Postal Industry Section: All members employed by the Australian Postal Corporation, or by employers which the Divisional Executive determines operates substantially in or in connection with postal services;
(ii) Lines and General Industry Section: All members eligible for membership of the Union pursuant to National Rules 2.5 or 2.9 and all members who the Divisional Executive determines undertake functions substantially in or in connection with telecommunications services of a type traditionally provided by members but not members performing the functions which are specified in the Telecommunications Technical Officers structure, Electrical Officers structure, Production Officers structure and Tradesperson structure as set out in sub-clauses 8B1-4 inclusive of the Australian Telecommunications Commission Telecommunications Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 1975 as at 1 November, 1991 and the Operator Assisted Services structure in Clause 24 of the Australian Telecommunications Commission Telephone and Phonogram Staff (Salaries and Specific Conditions of Employment) Award 1978 as at 1 November, 1991, except those functions in common with functions specified in clause 51 of the Telecom/APTU Award 1989 as at 1 November 1991.
(c) Members resident within Queensland, South Australia and the Northern Territory shall be allocated on the following basis:
(i) Postal Industry Section:
(A) All members employed or otherwise engaged by the Australian Postal Corporation (or any successor thereto or a body corporate related to the Australian Postal Corporation (or any successor thereto) being a related body corporate within the meaning of the Corporations Act 2001); and
(ii) Telecommunications and Information Technology Industry Section:
(A) All members employed or otherwise engaged by Telstra Corporation Limited (or any successor thereto or a body corporate related to Telstra Corporation Limited (or any successor thereto) being a related body corporate within the meaning of the Corporations Act 2001); and
(d) Industrial officers and employees of the Division shall:
47 - CONTRIBUTION TO DIVISIONAL CONFERENCE
(a) Divisional Conference shall, from time to time, determine the percentage of members' contributions to be paid to Conference by Branches but at no time shall the contribution be set at less than 20.0% of members' contributions.
(b) Each Branch Secretary shall, at the beginning of each calendar month and not later than the last working day of the month, pay to Divisional Conference an amount equal to the percentage of members contributions as determined by Divisional Conference received from members during the month immediately following the preceding financial quarter. This provisional calculation shall be used for each of the following three (3) calendar months.
(c) Nothing in this Rule will prevent a Branch from making provisional payments, based on an estimate of membership receipts, by direct credit payment from a bank account or collection agency to the Divisional Conference.
In this case reconciliation of direct credit payments with contributions received from members will take place by the last working day of the month.
(d) There shall be a further annual reconciliation conducted as soon as possible after the end of each financial year based on the audited statement of members' contributions received by each Branch.
(e) Notwithstanding the provisions of sub-rules (a), (b), (c) and (d) of this Rule the Divisional Conference or Divisional Executive shall have power to enter into deferred payment arrangements with a Branch in accordance with Rule 47A to vary the timing and rate of payment of contributions by the Branch to the Divisional Conference in circumstances where such Branch is temporarily unable to meet the requirements of sub-rules (a), (b), (c) and (d) provided that this sub-rule does not permit the Divisional Conference or Divisional Executive to cancel or forgive the outstanding contributions of any Branch other than by a resolution by the Divisional Conference or Divisional Executive carried by 75% of the votes.
(a) This Rule applies:-
(b) A notification pursuant to sub-rule (a)(ii) of this Rule shall not be issued unless the Divisional Conference or Divisional Executive has first been presented with a report prepared by the auditors to the Division advising that a reconciliation of the Branch accounts, including a comparison of cash receipts and accruals, establishes that the Branch has failed to contribute to the Divisional Conference the contributions required in accordance with Rule 47.
(c) Notwithstanding the provisions of sub-rule (b) of this Rule where a Branch fails to provide access to records including computer records or fails to provide relevant documentation to permit a reconciliation to be undertaken or completed by the auditors appointed by the Division, the Divisional Conference or Divisional Executive has power to authorise the Divisional Secretary to issue the notification pursuant to sub-rule (a)(ii) of this Rule.
(d) Where a Branch Secretary has advised of a temporary incapacity to meet contribution requirements pursuant to sub-rule (a)(i) of this Rule or where the Divisional Secretary has issued a notification to a Branch Secretary in accordance with sub-rule (a)(ii) of this Rule, a Branch Secretary shall, within a period of one (1) month, have prepared and lodged with the Divisional Secretary a deferred payment plan which will include a statement of the contributions owed to the Divisional Conference, a statement of the period over which it is proposed that such contributions be paid by the Branch to the Divisional Conference and the monthly or quarterly or other repayment amounts proposed under the deferred payment plan. Any such proposal provided by the Branch Secretary shall be accompanied by a report prepared by the Branch auditors advising as to the capacity of the Branch to meet its financial obligations under the Rules including the proposed deferred payments under the plan lodged by the Branch Secretary.
(e) Upon receipt of a deferred payment proposal from a Branch the Divisional Secretary may, and if directed by the Divisional Conference or Divisional Executive shall, refer the proposal and supporting documentation, including the report of the Branch auditors, to the Divisional auditors for assessment and advice.
(f) Within a period of two (2) months from the date of lodgement of the Branch proposal and supporting documentation including the report of the branch auditor, the Divisional Conference or Divisional Executive, as the case may be, shall adopt the deferred payment plan for the purposes of this Rule and for the purposes of Rule 47(e) subject only to the Divisional Conference or Divisional Executive having the power to reject the Branch proposal in circumstances where the Divisional auditors have provided a report to Divisional Conference or Divisional Executive advising that the proposal lodged by the Branch is not in the best financial interests of the Divisional Conference or fails to make adequate provision for the Branch to meet its financial obligations pursuant to Rule 47 and pursuant to this Rule notwithstanding the advice provided in support of the proposal by the Branch auditors.
(g) Nothing in this Rule shall be taken to prevent communications between the Divisional Secretary and the Branch Secretary or between the Divisional auditors and the Branch auditors for the purpose of negotiating modifications to the Branch deferred payments proposal or to prevent an amended proposal being endorsed by the Divisional Conference or the Divisional Executive as the case may be.
(h) Notwithstanding any other provision of this Rule no branch shall be deemed to be unfinancial for the purposes of Rules 5(i), 6(g), 10(f), 13(e) and 15(g) for a period of three (3) months from the date that the Branch Secretary advises pursuant to sub-rule (a)(i) of this Rule or three (3) months from the date upon which the Divisional Secretary notifies the Branch Secretary pursuant to sub-rule (a)(ii) of this Rule.
All monies received by Branches by way of contribution, entrance fee, fines or interest on deposits or investments shall be the property of the Division. Each Branch shall during each quarter pay to the Divisional Conference such sum as may be provided elsewhere under these Rules for the maintenance of the Head Office of the Division, together with any money collected as a result of any levy imposed by Divisional Conference for the purposes of meeting the financial obligations of the Division. The proportion of members contributions payable for the maintenance of Head Office shall, pending payment to the Conference, be paid into a special account with the Commonwealth Bank, a relevant Government owned State Bank or other financial institution approved by the Divisional Conference or Executive. The remainder of the monies received by Branches shall be retained by the receiving Branch for the purpose of defraying the costs of administering the affairs of the Branch within the territorial area of that Branch.
49 - REGISTER OF BRANCH OFFICES
There shall be at all times kept at the Head Office of the Division a record of the situation of the office in each of the Branches of the Division in each capital city.
(B) All members employed or otherwise engaged by employers which the Divisional Executive determines operates substantially in or in connection with the installation, maintenance or provision of postal services; and
(C) Without limiting the foregoing, all members eligible for membership pursuant to National Rules 2.5.1, 2.5.1(a), 2.6, 2.7, 2.8, 2.9, 2.11.2 or 2.21.1 (if employed or otherwise engaged by the Australian Postal Corporation)
(B) All members employed or otherwise engaged by Network Design and Construction Limited (or any successor thereto or a body corporate related to Network Design and Construction Limited (or any successor thereto) being a related body corporate within the meaning of the Corporations Act 2001); and
(C) All members employed or otherwise engaged by Optus Administration Pty Limited (or any successor thereto or a body corporate related to Optus Administration Pty Limited (or any successor thereto) being a related body corporate within the meaning of the Corporations Act 2001); and
(D) All members employed or otherwise engaged by employers which the Divisional Executive determines operates substantially in or in connection with the installation, maintenance or provision of telecommunications; and
(E) Without limiting the foregoing, all members eligible for membership pursuant to National Rules 2.5.2, 2.10, 2.11.1, 2.17 (if not employed or otherwise engaged by the Australian Postal Corporation), 2.18, 2.19, 2.20 and 2.21.1 (if not employed or otherwise engaged by the Australian Postal Corporation)
(i) in the case of persons who are members of the Division before becoming an Industrial Officer or employee remain in the Industry Section they were allocated to before becoming an Industrial Officer or employee;
(ii) in the case of Industrial Officers or employees who were not members of the Union before becoming an Industrial Officer or employee employed by the Divisional Office of the Division - subject to the approval of Divisional Conference, be allocated to the Industrial Section of his or her choice and shall not be subsequently allocated to any other Industry Section;
(iii) in the case of Industrial Officers or employees who were not members of the Union before becoming an Industrial Officer or employee employed by a Branch of the Division - subject to the approval of Branch Committee of Management be allocated to the Industry Section of his or her choice, and shall not subsequently be allocated to another Industry Section.
(i) When a Branch Secretary advises Divisional Conference, Divisional Executive or the Divisional Secretary that their Branch is temporarily unable to meet the requirements of sub-rules (a), (b), (c) and (d) of Rule 47; and/or
(ii) When the Divisional Secretary, acting upon a direction of Divisional Conference or Divisional Executive, notifies a Branch Secretary that their Branch has failed to meet the requirements of sub-rules (a), (b), (c) and (d) of Rule 47 and that the Branch in question is unfinancial for the purposes of Rule 5(i).
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