(a) A Branch Returning Officer and an Assistant Returning Officer shall be selected by a Branch General Meeting or the Branch Committee of Management at the Annual General Meeting in the year preceding the year of election conducted pursuant to Rule 68 and 69 from a list of candidates who are financial members or Honorary Life Members of the Branch within the State in which the head office of the Branch is situated, and who do not hold any other office in, nor are employees of, the Union or of a Branch or Section or Division of the Union. The Branch Returning Officer shall be responsible for the conduct of all elections to an office within the Branch. Candidates for selection as Branch Returning Officer must make application in writing to the Branch Secretary.
Applications must contain the address of the candidate and will close with the Branch Secretary at a time fixed by the Branch Committee of Management.
(b) The Assistant Returning Officer shall assist the Returning Officer in the conduct of the ballot for the election of Officers and shall be empowered in the absence of the Returning Officer to perform the whole of the functions of the Returning Officer.
(c) Each candidate may appoint in writing a scrutineer to represent him/her. The candidate may at any time by notice in writing given to the Returning Officer change the scrutineer representing him/her. A scrutineer shall be eligible to act for two or more candidates who are standing for the same position in any ballot. The scrutineer shall be entitled to represent the candidate at all stages of the ballot. The duties of the scrutineer shall be to represent the interest of the candidate who nominated him/her, to attend at any stage of the ballot as requested by the candidate, and 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 the Returning Officer. The Returning Officer shall give every facility to the scrutineers to attend and represent at every stage of the ballot the interests of the candidates who nominated him/her.
(d) Any person appointed to the position of Returning Officer or Assistant Returning Officer who subsequently desires to nominate for any other position on the Branch Committee of Management shall be required to tender his/her resignation from the positions first mentioned prior to the calling of nominations.
72 - EXTRAORDINARY BRANCH VACANCIES
(a) Where a Branch Officer or Branch Committee of Management 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, the Branch Committee of Management may request the Officer to resign. Failing receipt of the Officer's resignation within 14 days, the matter shall be referred back to the Branch Committee of Management which may then declare the position vacant. The Officer concerned shall have 28 days in which to lodge an appeal to the Divisional Executive who may uphold or overrule the decision by the Branch Committee of Management.
(b) The Divisional Executive shall consider the matter at its next ordinary meeting or may, if it considers it appropriate, consider the matter at an Extraordinary Meeting of the Divisional Executive called to hear the appeal.
(c) Both the Branch Committee of Management and the Divisional Executive, when considering the matter, shall have regard to any medical evidence that the Officer desires to place before such Executive.
(d) Where the decision of the Branch Committee of Management is overruled by the Divisional Executive, the Officer shall be reinstated without loss.
(e) Pending any appeal under this Rule to the Divisional Executive, 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.
(f) 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 at any proceedings before the Branch Committee of Management or Divisional Executive.
73 - INDUSTRY SECTION MEETINGS
(a) The Branch Committee of Management shall have power to call Meetings of members of the Industry Sections.
(b) The business for discussion at an Industry Section Meeting shall be stated on the Notice calling such meeting, and no business, other than that appearing on the Notice calling the meeting shall be discussed.
(c) Fifteen (15) members shall constitute a quorum at Industry Section Meetings.
(a) Members shall give fourteen(14) days notice in writing to the Branch Secretary when submitting a notice of motion or motions for consideration by the General Meeting of the Branch, and this notice of motion shall be notified for the information of members at least seven (7) days prior to the date fixed for the meeting at which such notice of motion is to be discussed.
(b) Any motion which is marked out of order by the Branch President on the grounds that it conflicts with the Rules, the resolution of Conference, the instructions of the Divisional Executive or that contained a statement which may be construed as defamatory is to be excluded from the notification to members and the reason for the ruling reported to the meeting.
RULE REPLACED - SEE RULE 91
75 - BRANCH MANAGEMENT - QUEENSLAND, SOUTH AUSTRALIA/NORTHERN TERRITORY AND WESTERN AUSTRALIA
(a) The headquarters of each Branch shall be located at the capital city of the State in which the Branch is located. Each Branch shall, subject to these Rules and resolutions of Divisional Conference and/or Divisional Executive, manage the local affairs of the Branch within its territorial area.
(b) Each Branch shall have for its management a Branch Committee of Management consisting of
a Branch President,
who shall be elected for a period of four (4) years.
Provided that any person elected to an office which has been declared a full-time office shall be elected for a term of office of four (4) years.
For the purposes of Branch administration the following Branch offices shall be declared
full-time positions:
Queensland:
(c) The Branch President, Branch Secretary and Branch Assistant Secretary shall be elected by ballot of the financial members of the Branch.
(d) Notwithstanding sub-rule (b), in the Branch Committees of Management of the
Queensland,
who shall be nominated by and from the female members of each Branch and elected by the financial members of each Branch.
(e) Branch Vice Presidents and Sectional Representatives shall be elected by and from the members comprising the respective Industry Sections as provided in Rule 46.
(f) At least three (3) months prior to the opening of nominations for the Branch elections held under Rule 67, the Branch Committee of Management shall determine the number of Branch Committee of Management Members to be elected by and from each Industry Section in accordance with this sub-rule.
(g) The number of positions of Sectional Representatives elected by and from members of the Branch allocated to each Industry Section shall be no less than two (2) and no more than nine (9).
(h) At Branch Committee of Management meetings a quorum shall not be present unless a majority of the Committee of Management members are present. If the required number of members be not present thirty (30) minutes after the advertised time of commencement, the meeting shall lapse. Each Branch Committee of Management member shall have a deliberative vote.
(i) During the intervening period between meetings of the Branch Committee of Management any matters of an emergent nature shall be decided by a telephonic, telegraphic, facsimile machine or postal ballot of Branch Committee of Management Members. The result of such ballot shall be notified to Branch Committee of Management Members within fourteen (14) days of the date set for the closing of the ballot.
(j) Provided that further there shall be a Branch Executive comprising the Branch President, Branch Secretary, Branch Assistant Secretary (except in the Queensland Communications Division Branch) and Branch Vice Presidents. A majority of the Branch Executive shall constitute a quorum. The minutes of any Branch Executive meetings shall be notified to the Branch Committee of Management within fourteen (14) days of the Branch Executive meeting. The Branch Executive shall have the power to deal with matters of an urgent industrial or financial nature when the Branch Committee of Management is not sitting. Meetings of the Branch Executive shall be called by the Branch Secretary.
two (2) Branch Vice Presidents,
Branch Secretary,
Branch Assistant Secretary
(except for the Queensland and Western Australian Communications Division Branch),
full-time Branch Organisers as specified in this sub-rule
and not fewer than four (4) nor more than eighteen (18) Sectional Representatives
Branch President, Branch Secretary;
South Australia/Northern Territory:
Branch President, Branch Secretary;
Western Australia:
Branch President, Branch Secretary;
South Australia/Northern Territory and
Western Australian Communications Division Branches,
there shall be an additional Branch Vice President Affirmative Action
75 - BRANCH MANAGEMENT -WESTERN AUSTRALIA
(a) The headquarters of the Branch shall be located in Perth. The Branch shall, subject to these Rules and resolutions of Divisional Conference and/or Divisional Executive, manage the local affairs of the Branch within Western Australia.
(b) The Branch shall have for its management a Branch Committee of Management consisting of a Branch President, two (2) Branch Vice Presidents, Branch Secretary, Branch Assistant Secretary, full-time Branch Organisers as specified in this sub-rule and not fewer than four (4) nor more than eighteen (18) Sectional Representatives who shall be elected for a period of four (4) years. Provided that any person elected to an office which has been declared a full-time office shall be elected for a term of office of four (4) years.
For the purposes of Branch administration, the following Branch offices shall be declared full-time positions:
Branch Secretary, Branch Assistant Secretary.
(c) The Branch President, Branch Secretary and Branch Assistant Secretary shall be elected by ballot of the financial members of the Branch.
(d) Notwithstanding sub-rule (b), in the Branch Committees of Management, there shall be an additional Branch Vice President Affirmative Action who shall be nominated by and from the female members of the Branch and elected by the financial members of the Branch.
(e) Branch Vice Presidents and Sectional Representatives shall be elected by and from the members comprising the respective Industry Sections as provided in Rule 46.
(f) At least three (3) months prior to the opening of nominations for the Branch elections held under Rule 67, the Branch Committee of Management shall determine the number of Branch Committee of Management Members to be elected by and from each Industry Section in accordance with this sub-rule.
(g) The number of positions of Sectional Representatives elected by and from members of the Branch allocated to each Industry Section shall be no less than two (2) and no more than nine (9).
(h) At Branch Committee of Management meetings, a quorum shall not be present unless a majority of the Committee of Management members are present. If the required number of members be not present thirty (30) minutes after the advertised time of commencement, the meeting shall lapse. Each Branch Committee of Management member shall have a deliberative vote.
(i) During the intervening period between meetings of the Branch Committee of Management any matters of an emergent nature shall be decided by a telephonic, telegraphic, facsimile machine or postal ballot of Branch Committee of Management Members. The result of such ballot shall be notified to Branch Committee of Management Members within fourteen (14) days of the date set for the closing of the ballot.
(j) Provided that further there shall be a Branch Executive comprising the Branch President, Branch Secretary, Branch Assistant Secretary and Branch Vice Presidents. A majority of the Branch Executive shall constitute a quorum. The minutes of any Branch Executive meetings shall be notified to the Branch Committee of Management within fourteen (14) days of the Branch Executive meeting. The Branch Executive shall have the power to deal with matters of an urgent industrial or financial nature when the Branch Committee of Management is not sitting. Meetings of the Branch Executive shall be called by the Branch Secretary.
NEW RULE INSERTEDED - SEE RULE 91
75A - BRANCH MANAGEMENT - CWU CENTRAL BRANCH
75A - BRANCH MANAGEMENT - CWU CENTRAL BRANCH
(a) The headquarters of the Branch shall be located in Sydney and shall maintain premises in both Brisbane and Adelaide. The Branch shall, subject to these Rules and resolutions of Divisional Conference and/or Divisional Executive, manage the local affairs of the Branch within its territorial area.
(b) The Branch shall have for its management a Branch Committee of Management consisting of the following:
a. a Branch President;
b. one (1) Branch Vice President;
c. one (1) Branch Vice President Affirmative Action nominated by and from female members of the Branch and elected by the female financial members of the Branch;
d. Branch Secretary;
e. a Branch Assistant Secretary (NSW/ACT);
f. a Branch Assistant Secretary (QLD);
g. a Branch Assistant Secretary (SA/NT);
h. full-time Branch Organisers as specified in this sub-rule and not fewer than four (4) nor more than twenty (20) Sectional Representatives who shall be elected for a period of four (4) years. Any person elected to an office which has been declared a full-time office shall be elected for a term of office of four (4) years.
i. For the purposes of Branch administration, the following Branch offices shall be declared full-time positions: Branch Secretary, Branch Assistant Secretaries (NSW/ACT, QLD and SA/NT) and:
i. Four (4) Branch organisers elected by and from the financial membership of the Branch resident within NSW/ACT; and
ii. One (1) Branch organiser elected by and from the financial membership of the Branch resident within QLD.
(c) The Branch President, Branch Vice Presidents and Branch Secretary shall be elected by ballot of the financial members of the Branch.
(d) Sectional Representatives shall be elected from the members comprising the respective Industry Sections as provided in Rule 46C.
(e) At least three (3) months prior to the opening of nominations for the Branch elections held under Rule 67, the Branch Committee of Management shall determine the number of Branch Committee of Management Members to be elected by and from each Industry Section accordance with this Rule.
(f) For the purpose of this Rule a geographically specific office is an office elected by and from members resident within a particular State or Territory or part of State of Territory.
(g) In making a determination pursuant to sub-rule (e), BCOM shall determine whether those positions will be geographically specific.
(h) Geographically specific offices shall be elected by the financial membership resident in the State/Territory to which the position relates. The following offices are declared to be geographically specific:
i. Branch Assistant Secretary (NSW/ACT)
ii. Branch Assistant Secretary (QLD
iii. Branch Assistant Secretary (SA/NT)
(i) The total number of positions of Sectional Representatives elected by and from members of the Branch allocated to each Industry Section shall be no less than two (2) and no more than ten (10).
(j) At Branch Committee of Management meetings a quorum shall not be present unless a majority of the Committee of Management members are present. If the required number of members be not present thirty (30) minutes after the advertised time of commencement, the meeting shall lapse. Each Branch Committee of Management member shall have a deliberate vote.
(k) During the intervening period between meetings of the Branch Committee of Management any matters of an emergent nature shall be decided by a telephonic, telegraphic, facsimile machine or postal ballot of Branch Committee of Management Members. The result of such ballot shall be notified to Branch Committee of Management Members within fourteen (14) days of the date set for the closing of the ballot.
(l) Provided that further there shall be a Branch Executive comprising of the Branch President, Branch Secretary, the Branch Assistant Secretaries and the Branch Vice Presidents. A majority of the Branch Executive shall constitute a quorum. The minutes of any Branch Executive meetings shall be notified to the Branch Committee of Management within fourteen (14) days of the Branch Executive meeting. The Branch Executive shall have the power to deal with matters of an urgent industrial or financial nature with the Branch Committee of Management is not sitting. Meetings of the Branch Executive shall be called by the Branch Secretary.
RULE REPLACED - SEE RULE 91
76 - BRANCH MANAGEMENT - NEW SOUTH WALES AND VICTORIAN POSTAL AND TELECOMMUNICATIONS BRANCHES
(a) The headquarters of each Branch shall be located at the capital city of the State in which the Branch is located. The Branches shall, subject to these Rules and resolutions of Divisional Conference and/or Divisional Executive, manage the local affairs of the Branch within its territorial area.
(b) Each Branch shall have for its management a Branch Committee of Management consisting of
a Branch President,
who shall be elected for a period of four (4) years.
Any person elected to an office which has been declared a full-time office shall be elected for a term of office of four (4) years.
For the purposes of Branch administration the following Branch offices shall be declared full-time positions:
New South Wales:
(c) The Branch President, Branch Vice Presidents, Branch Secretary, Branch Assistant Secretary and full-time Branch Organisers shall be elected by ballot of the financial members of the Branch.
(d) Sectional Representatives shall be elected from the members comprising the respective Industry Sections as provided in Rule 46A.
(e) At least three (3) months prior to the opening of nominations for the Branch elections held under Rule 67, the Branch Committee of Management shall determine the number of Branch Committee of Management Members to be elected by and from each Industry Section in accordance with this Rule.
(f) The number of positions of Sectional Representatives elected by and from members of the Branch allocated to each Industry Section shall be no less than two (2) and no more than nine (9).
(g) At Branch Committee of Management meetings a quorum shall not be present unless a majority of the Committee of Management members are present. If the required number of members be not present thirty (30) minutes after the advertised time of commencement, the meeting shall lapse. Each Branch Committee of Management member shall have a deliberate vote.
(h) During the intervening period between meetings of the Branch Committee of Management any matters of an emergent nature shall be decided by a telephonic, telegraphic, facsimile machine or postal ballot of Branch Committee of Management Members. The result of such ballot shall be notified to Branch Committee of Management Members within fourteen (14) days of the date set for the closing of the ballot.
two (2) Branch Vice Presidents,
Branch Secretary,
Branch Assistant Secretary (except for P&T Victoria Branch),
full-time Branch Organisers as specified in this sub-rule and
not fewer than four (4) nor more than eighteen (18) Sectional Representatives
Branch Secretary, one (1) Branch Assistant Secretary, four (4) Branch Organisers;
Victoria:
Branch Secretary, three (3) Branch Organisers;
76 - BRANCH MANAGEMENT -VICTORIAN POSTAL AND TELECOMMUNICATIONS BRANCH
(a) The headquarters of the Branch shall be located in Melbourne. The Branch shall, subject to these Rules and resolutions of Divisional Conference and/or Divisional Executive, manage the local affairs of the Branch within its territorial area.
(b) The Branch shall have for its management a Branch Committee of Management consisting of a Branch President, two (2) Branch Vice Presidents, Branch Secretary, full-time Branch Organisers as specified in this sub-rule and not fewer than four (4) nor more than eighteen (18) Sectional Representatives who shall be elected for a period of four (4) years. Any person elected to an office which has been declared a full-time office shall be elected for a term of office of four (4) years. For the purposes of Branch administration the following Branch offices shall be declared full-time positions:
Victoria: Branch Secretary, three (3) Branch Organisers;
(c) The Branch President, Branch Vice Presidents, Branch Secretary and full-time Branch Organisers shall be elected by ballot of the financial members of the Branch.
(d) Sectional Representatives shall be elected from the members comprising the respective Industry Sections as provided in Rule 46A.
(e) At least three (3) months prior to the opening of nominations for the Branch elections held under Rule 67, the Branch Committee of Management shall determine the number of Branch Committee of Management Members to be elected by and from each Industry Section in accordance with this Rule.
(f) The number of positions of Sectional Representatives elected by and from members of the Branch allocated to each Industry Section shall be no less than two (2) and no more than nine (9).
(g) At Branch Committee of Management meetings, a quorum shall not be present unless a majority of the Committee of Management members are present. If the required number of members be not present thirty (30) minutes after the advertised time of commencement, the meeting shall lapse. Each Branch Committee of Management member shall have a deliberate vote.
(h) During the intervening period between meetings of the Branch Committee of Management any matters of an emergent nature shall be decided by a telephonic, telegraphic, facsimile machine or postal ballot of Branch Committee of Management Members. The result of such ballot shall be notified to Branch Committee of Management Members within fourteen (14) days of the date set for the closing of the ballot.
RULE REPLACED - SEE RULE 91
76A - BRANCH MANAGEMENT - NEW SOUTH WALES AND VICTORIAN TELECOMMUNICATIONS AND SERVICES BRANCHES
The provisions of this Rule shall apply to the New South Wales and Victorian Telecommunications and Services Branches constituted under Rule 44 to the extent that these provisions are not inconsistent with the provisions of Rules 44 to 74.
76A - BRANCH MANAGEMENT - TELECOMMUNICATIONS AND SERVICES BRANCHES
The provisions of this Rule shall apply to the Telecommunications and Services Branches constituted under Rule 44 to the extent that these provisions are not inconsistent with the provisions of Rules 44 to 74
(a) The Branch shall, subject to these Rules and resolutions of Conference, manage the local affairs of the Branch within its territorial area.
(b) The Branch shall have for its management a Branch Committee of Management constituted as provided in this Rule. Any person elected to an office which has been declared a full-time office shall be elected for a term of office of four (4) years. All policy decisions of the Branch Committee of Management shall be notified to members.
(c) The Branch Committee of Management shall consist of
a Branch President,
a Branch Secretary,
Branch Vice Presidents as provided in sub-rule (f),
a Branch Assistant Secretary as provided in sub-rule (f),
who shall be called the Branch Elected Officers,
and such number of financial members
as have been elected as Branch Committee of Management Members.
The Branch Committee of Management may conduct the notified business of a Branch General Meeting which has lapsed for want of a quorum.
(d) The Branch Executive which shall consist of the elected Branch Officers as defined in sub-rule (c) of this Rule shall manage the day to day affairs of the Branch subject to direction from Branch Committee of Management and Branch meetings. A majority of Branch Executive shall constitute a quorum. The Branch Executive may handle urgent industrial or financial matters and take over the urgent business of a Branch Committee of Management meeting which has failed for want of a quorum.
(e) The Branch Executive and Branch Committee of Management shall be elected by secret ballot which shall be conducted at the same time as the ballot to elect Divisional Executive Members, Alternate Divisional Executive Members, Divisional Conference Members, Alternate Divisional Conference Members and Alternate National Councillors.
RULE REPLACED - SEE RULE 91
(f) The numbers of Branch Vice Presidents and Branch Assistant Secretaries shall be:
New South Wales:
Victoria:
(g) For the purposes of Branch administration the following offices shall be declared full-time:
NSW:
Two (2) Branch Vice Presidents
elected by and from the Branch financial membership of the Technical Industry Section,
one (1) Branch Vice President
elected by and from the Branch financial membership of the Operator Industry Section,
one (1) Branch Assistant Secretary
elected by the Branch financial membership.
One (1) Branch Vice President
elected by the Branch financial membership.
and one (1) Branch Assistant Secretory
elected by the Branch financial membership
Branch Secretary, one (1);
Victoria:
Branch Secretary, one (1),
(f) One (1) Branch Vice President elected by and from the Branch financial membership of the Technical Industry Section, one (1) Branch Vice President elected by and from the Branch financial membership of the Operator Industry Section, one (1) Branch Assistant Secretary elected by the Branch financial membership
(g) For the purposes of Branch administration, the following office shall be declared full-time:
Branch Secretary, one (1)
(h) For the purposes of Branch administration the number of elected Branch Committee of Management Members for each Industry Section shall be determined by the Branch Committee of Management in accordance with Branch needs in accordance with the following:
At least three (3) months prior to the opening of nominations, to determine the number of Branch Committee of Management Members provided that:
(i) the number of Committee Members elected by and from members of the Branch allocated to the Technical Industry Section shall be no less than five (5) and no more than twenty four (24) except in the case of Branches with less than one thousand (1,000) members in the Technical Industry Section where the number shall be no less than two (2); and
(ii) the number of Committee Members elected by and from members of the Branch allocated to the Operator Industry Section shall be no less than three (3) and no more than ten (10) except in the case of Branches with less than two hundred and fifty (250) members in the Operator Industry Section where the number shall be no less than one (1).
NEW SUB RULE - SEE RULE 91
(i) To avoid doubt, meetings of the Branch, including Committee of Management Meetings and Annual General Meetings may be held by electronic means as determined by the Committee of Management
77 - DUTIES AND POWERS OF BRANCH COMMITTEE OF MANAGEMENT
(a) The duties of the Branch Committee of Management shall be to take such steps as may be necessary to carry out the Rules and objects of the Union, the resolutions of the National Council, National Executive, Divisional Conference and the instructions of the Divisional Executive and Branch General Meetings, at which no less than five per cent of the members of the Branch are in attendance. The Branch Committee of Management shall be the governing body of the Branch at all other times, and shall act on its behalf in all matters, and shall manage and control the funds of the Branch, provided that a loan, grant or donation of an amount exceeding $1,000 shall not be made by the Branch, unless the Branch Committee of Management has:
(i) satisfied itself that the making of the loan, grant or donation would be in accordance with the rules of the Union;
(ii) in relation to a loan - has satisfied itself, that in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and
(iii) approved the making of the loan, grant or donation.
(b) The Branch Committee of Management shall have full authority to conduct and determine the notified business of a Branch General Meeting which has lapsed for want of a quorum.
(a) Branch Committee of Management shall have power to form Sub-Branches at any centre within a Branch for the purposes of assisting in the work of the Branch.
(b) The Committee of a Sub-Branch, where formed, shall consist of a President, Secretary and six other members, and shall be under the complete control and direction of the Branch Committee of Management which may disband a Sub-Branch at any time.
(c) The members appointed to comprise a Sub-Branch Committee shall be elected annually or biennially, as determined by a Branch at the aggregate meeting of members called by the Branch Committee of Management at the centre fixed for the functioning of the Sub-Branch.
(d) No Sub-Branch shall have any power to hold an aggregate meeting of members except with the knowledge and approval of the Branch Committee of Management.
(e) A Sub-Branch shall comply with the following requirements to be recognised as a Sub-Branch within the meaning of these Rules:
(i) The Sub-Branch shall have a constitution adopted by the Branch Committee of Management and comply with that constitution in the election of the committee and the conduct of business;
(ii) The Sub-Branch shall conduct General Meetings of members within the boundaries of the Sub-Branch at least twice in a calendar year and forward minutes of all such meetings to the Branch Committee of Management.
79 - APPOINTMENT OF LOCAL REPRESENTATIVES
The Branch Committee of Management shall have power at any time to appoint representatives in any locality or section on an honorary basis for the purpose of assisting the work of the Branch. The duties of these representatives where appointed shall be such as may be assigned to them by the Branch Committee of Management, and they may continue to carry out such duties until otherwise decided by the Branch Committee of Management.
80 - UNION COMMITTEES AND COUNCILS
(a) Branch Committee of Management shall have power to establish honorary Committees within the Branch to assist in the work of the Industry Sections.
(b) The number of members of any Committee established under this Rule shall be determined by the Branch Committee of Management.
(c) Committees established under this Rule shall be under the complete control and direction of the Branch Committee of Management, who may disband or reorganise such Committees at any time.
(d) Appointment of members to Committees established under the provisions of this Rule, shall be made in such manner as may be determined by the Branch Committee of Management from time to time.
(e) The Branch Committee of Management shall have power to draw up a constitution for the guidance and control of the said Committees.
(f) No Committee shall have power to hold an aggregate meeting of members but may recommend to the Branch Committee of Management that such a meeting be held.
(a) Branches may take the opinion of members upon any question or questions within the jurisdiction of the Branch by submitting the same to a plebiscite, to be conducted as far as practicable in the manner as prescribed in Rule 35. The Branch Committee of Management shall give effect to the decision of the members recorded by plebiscite within a period of not more than one month from the date on which the result shall have been declared by the Branch Returning Officer.
(b) The taking of a Branch plebiscite may be ordered by requisition signed by not less than 10 per cent of the financial members within the Branch or, where it is lawful to do so, by the Divisional Executive or Conference, provided that any proposal submitted to a General Meeting for the taking of a plebiscite shall be notified at least 14 days prior to the date fixed for the holding of the meeting at which the proposal is to be discussed.
(c) Where in the manner provided by this Rule the taking of a plebiscite has been ordered or requisitioned for, the Branch Returning Officer shall forthwith proceed to take the plebiscite.
(a) Except where otherwise provided in these rules, matters within the authority of the Branch which have been submitted to members by Branch plebiscite, the highest authority of the Branch shall be by the decision of members resulting from such plebiscite. In all other cases the Branch Committee of Management shall be the highest authority of the Branch, excepting where General Meetings, at which at least three per cent of the membership are present. In such cases the General Meeting shall have authority to overrule or direct the Branch Committee of Management.
(b) No action shall be taken by any Branch on any matter affecting members outside the territorial area of the Branch without the authority of the Divisional Executive.
83 - BRANCH GENERAL MEETINGS - ORDINARY, ANNUAL AND SPECIAL
(a) Ordinary Branch General Meetings shall be held once each quarter or more frequently if decided by the Branch Committee of Management.
(b) The Ordinary Branch General Meeting held in the third quarter of each calendar year shall be deemed for the purposes of these Rules to be the Annual Branch General Meeting.
(c) The Divisional Conference, Divisional Executive or Branch Committee of Management shall have the power to call a Special Branch General Meeting at any time.
(d) The business for discussion at a Special Branch General Meeting must be expressly stated in the notice relating to the meeting, and no discussion shall be allowed on any business which is not expressly stated in the notice.
(e) All Branch General Meetings shall close three hours after the advertised time of commencement or at 10:00pm, whichever is the earlier, and no business shall be discussed by the meeting after that hour.
(f) An attendance book shall be provided at all Branch General Meetings, which shall be signed by members in attendance and countersigned by the Chair at the end of the signatures appearing therein. Any member failing to sign the attendance book shall not be credited with attendance at the meeting, and where objection is raised at the time shall not be permitted to participate in the business before the meeting.
(g) Admittance to Branch General Meetings shall be by show of current financial membership ticket or other proof of financial membership at the entrance door at the meeting room.
84 - EXTRAORDINARY BRANCH GENERAL MEETINGS
(a) Upon the receipt of a requisition signed by not less than one hundred (100) or five per cent (5%) of financial members of a Branch which ever is the lower, the Branch Secretary or Branch President shall make provision to call an Extraordinary Branch General Meeting to take place at the Branch headquarters or a suitable location in close proximity to the Branch headquarters.
(b) The business for discussion at an Extraordinary Branch General Meeting must be expressly stated in the requisition, and no business which is not expressly stated therein shall be discussed by the meeting.
(c) Any member signing a requisition for an Extraordinary Branch General Meeting and failing to attend thereat may be required to forward within 24 hours of the close of the meeting satisfactory reasons for non-attendance to the Branch Secretary who shall report to the next meeting of the Branch Committee of Management all such non-attendances and the reasons submitted.
(d) At all Extraordinary Branch General Meetings one hundred (100) financial members shall constitute a quorum. If the required members be not present thirty minutes after the advertised time of commencement, the meeting shall lapse.
(a) Branch Committee of Management Meetings and Branch General Meetings shall be held at such time and place as shall be determined by resolution of the Branch Committee of Management, subject to the provisions of Rules 83 and 84. Such meetings shall be notified at least seven days before being held, provided that the Branch Committee of Management may, in the event of pressing necessity arising, cause notice of any intended meeting to be affixed in some conspicuous place at least twenty-four hours before the time of such meetings.
(b) Meetings of Branch Committee of Management and Branch Executive may be held by telephone conference call provided that voting at the meetings shall be confirmed by letter, electronic mail or facsimile machine. The minutes of any meeting where a vote has been taken by letter, electronic mail, facsimile machine or telephone shall be forwarded to each Branch Committee of Management Member.
(c) During the intervening period between meetings of the Branch Committee of Management any matters of an urgent nature may be decided by a telephonic, facsimile machine, electronic mail or postal ballot of Branch Committee of Management Members. The result of such ballot shall be notified to Branch Committee of Management Members within 14 days of the date set for the closing of the ballot.
(d) Where facilities for a telephone conference call for a Branch Committee of Management meeting have been provided and where Branch General Meetings immediately follow these meetings, the facilities may be used by Branch Committee of management members to participate at such meetings, provided the voting is confirmed by letter, electronic mail or facsimile machine.
(e) Where the Branch President and Branch Secretary consider it necessary, they may alter the date of an Ordinary Branch General Meeting or of a meeting of the Branch Committee of Management.
(f) Where a date of a meeting is altered under sub-rule (e), notice of the altered date of the meeting shall be given in accordance with Rule 85(a).
(a) At all Branch General Meetings other than Extraordinary Branch General Meetings, wherever held, where membership of a Branch is under 1000, five members shall constitute a quorum; under 2000, ten members; over 2000, fifteen members;
(b) At all General Meetings of members of the Branch in an Industry Section, wherever held, where membership of a Branch in an Industry Section is under one thousand (1000), five (5) members shall constitute a quorum; under two thousand (2000), ten (10) members; over two thousand (2000); fifteen (15) members;
(c) At Branch Committee of Management Meetings a quorum shall not be present unless a majority of the Committee Members are present.
(d) If no quorum is present half an hour after the advertised time of any meeting, the meeting lapses.
(e) Where Branch Committee of Management members participate in Branch Committee of Management or Branch General Meetings in accordance with this rule they be considered to be part of the quorum for such meetings.
87 - UNFINANCIAL MEMBERS - BRANCH MEETINGS
No unfinancial member shall be entitled to exercise a vote or speak on the business before any meeting of the Branch. Objection may be raised to any unfinancial member voting or speaking on the business before any meeting, but such objection must be raised at the time the particular item of business is under discussion or immediately after the vote is taken thereon, and the objection shall have no force or effect as regards items of business which may have been disposed of earlier in the meeting.
A member shall be deemed to be unfinancial for the purposes of this Rule if the member is unable to produce at a meeting a membership ticket, a receipt or receipts, or a statement of account which confirms the member's financial status.
Provided that nothing in this Rule shall apply to Special Branch General Meetings called in accordance with Rule 60A.
This Rule shall not apply to any plebiscite decision of members recorded in accordance with Rule 82, which may impose a levy, and which shall be given effect to by the Branch Committee of Management within a period of one (1) month from the date on which the result is declared by the Branch Returning Officer. The Branch Committee of Management shall have power to impose a levy not exceeding two dollars ($2) a week upon the members of that Branch, provided that any proposal to impose a levy shall be notified at least fourteen (14) days prior to the date fixed for the holding of the meeting at which the proposal is to be discussed.
SECTION 3 - STANDING ORDERS OF DEBATE
89 - STANDING ORDERS OF DEBATE
The following rules of debate shall be observed at all meetings held in connection with the Division, whether Conference, Divisional Executive, Branch Committee of Management General Meetings, Special General Meetings and Extraordinary General Meetings of members.
(a) Any member desiring to propose a motion or amendment, or to discuss any matter under consideration, must rise and address the Chair. The right of speaking on any subject shall belong to him/her who first rises to address the Chair. No member shall speak more than once upon any motion or amendment without the consent of the meeting. Any member proposing or seconding a motion shall be held to have spoken. When two or more members rise together the Chair shall call upon the member who in his/her opinion rose first in his/her place. The mover of the original motion shall have the right of reply. No further discussion shall be allowed after the mover has replied.
(b) No member, when speaking, shall be interrupted unless called to order, when he/she shall sit down and the member calling to order shall be heard in support of his/her point, and the Chair may either hear further discussion or decide at that stage; but such point shall be decided before the debate is resumed.
(c) Any motion or amendment not seconded shall not be further debated, but shall lapse.
(d) The question having been proposed, may be amended by leaving out, substituting or adding words. Any number of amendments may be moved and discussed before the mover of the motion replies. The amendments shall then be put to the meeting in the order in which they were moved.
(e) No amendment shall be received by the Chair which shall be a direct negative to a motion, or which does not preserve the substance of such motion.
(f) So soon as a debate on a question shall be concluded the Chair shall put the question to the meeting in a distinct and audible manner. The question being put shall be resolved in the affirmative or negative by a show of hands, unless a division be demanded by at least five members. A ballot shall be taken if one-third of those present demand it.
(g) No member shall speak on any motion after the same has been put by the Chair.
(h) When the Chair arises during a debate the member then speaking or proposing to speak shall sit down, so that the Chair shall be heard without interruption.
(i) It shall be competent by a two-third majority of the members present for the meeting to suspend any standing order for the purpose of reopening any question previously dealt with at that meeting, or for the consideration of urgent business, provided that the suspension shall be for not more than thirty (30) minutes and any motion before the Chair shall be put to the meeting immediately the thirty minutes have elapsed; provided, further, that an extension of time may be granted upon one-third of those voting being in favour.
(j) No member shall leave a meeting without permission from the Chair. No member shall attend a meeting in an intoxicated state, or interrupt the business.
(k) In debates, the mover shall be allowed ten (10) minutes for speaking in support of his/her motion; subsequent speakers seven (7) minutes each, and the mover seven minutes in reply. The meeting shall have the power by majority vote to extend the time for any speaker. This Rule shall also apply to the Chair of Conference.
(l) Any member dissatisfied with the ruling given by the Chair may move a motion of dissent in the following terms: "That the Chair's ruling be dissented from". In such case only the mover shall be permitted to speak to the motion, except the Chair, who may state his/her reasons for the ruling given. The motion shall thereupon be put to the meeting by the Vice-Chair without further discussion.
(m) Where a motion or amendment is ruled out of order by the Chair on the grounds that it conflicts with the Rules, the resolution of Conference, or the instructions of the Divisional Executive, or that it contains a statement which may be construed as defamatory and a motion of dissent is moved, the Chair shall accept the same and if the motion be carried, the full facts of the case shall be reported to the Divisional Executive for determination.
(n) No more than two members shall speak in succession on one side, either for or against any question before the meeting, and if, at the conclusion of the second speaker's remarks, no member rises to speak on the other side, the motion or amendment shall be at once put to the meeting.
(o) Should any question have occupied the attention of the meeting for a period of one hour, the discussion shall be deemed to be closed, and the Chair shall forthwith call on the mover of the original motion to reply, provided that any member may move for the extension of time, which on being carried by a majority of the members voting shall necessitate the discussion being continued for the time stated in the motion.
(p) In the event of the voting on any motion being equal, the Chair shall declare the motion lost.
(q) Provided he/she receives the call from the Chair it shall be competent for any member to move after four speakers have spoken to the question under discussion, "That the question be now put," and in the event of such motion being carried, the question shall be put without further debate, provided that this shall not affect the right of the mover of the original motion to reply, and provided further that any member who has spoken on the question under discussion shall not be permitted to move or second a motion, "That the question be now put."
(r) Provided he/she receives the call from the Chair it shall be competent for any member to move during discussion of any question, "That the meeting proceed to the next business", and in the event of this motion being carried, the meeting shall forthwith proceed to the next business.
(s) No discussion shall be allowed on formal motions, such as "That the discussion be adjourned," or "That the meeting be adjourned," or "That the question be now put," or "That the meeting proceed to the next business."
(t) The Chair shall have power to expel a member from the meeting for disorderly conduct and to have the member so expelled called before the Branch Executive and charged under the provisions of Rule 43.
(u) No new business shall be submitted after 10.00 pm.
Subject to the Act in the event of any doubt or dispute arising at any time in regard to the interpretation or administration of the provisions of these Rules, the question shall be submitted to the Divisional Executive for determination, and the determination of the Executive thereupon shall be binding on the Officers and members of the Union unless and until varied by the Divisional Conference.
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