Subject to these Rules Divisional Conference, and when the Conference is not sitting, the Divisional Executive, shall have power to enter into industrial agreements, and to vary or rescind such industrial agreements, and shall have power to submit claims to the Industrial Relations Commission on behalf of the Division (or to any other Court or Tribunal) and to appoint some person or persons to represent the Division, and the person or persons so appointed may execute any process or document necessary for submitting the claim, and may file, as is prescribed by any Act, any process or documents to be filed on behalf of the Division.
(a) The Head Office of the Division shall be situated at Melbourne, in the State of Victoria.
(b) The Head Office may be relocated by decision of Divisional Conference.
28 - CONTROL OF DIVISIONAL CONFERENCE FUNDS
(a) All Divisional Conference funds shall be under the control of the Divisional Conference, and shall be banked in the name of the Union in the Commonwealth Bank, relevant Government owned State Bank or other financial institution approved by Conference, and shall be known as the Divisional Fund.
(b) The Divisional funds shall consist of:
(i) Any real or personal property of which the Divisional Conference by these Rules or by
any established practice not inconsistent with these Rules, has, or, in the absence of any
limited term lease, bailment or arrangement, would have the right of custody, control or
management;
(ii) Any monies paid to the Divisional Executive by Branches by way of maintenance levies or
by members in respect of fines imposed by the Conference or Executive;
(iii) Any interest, rents, dividends or other income derived from the investment or use of such
funds and property;
(iv) any superannuation or long service leave or other fund operated or controlled by the Union
as a whole in accordance with these Rules for the benefit of its Officers or employees;
(v) Any Sick Pay Fund, Accident Pay Fund, Funeral Fund or like fund operated by the Union
as a whole in accordance with these Rules for the benefit of its members;
(vi) Any property acquired wholly or mainly by expenditure of the monies of such funds and
property or derived from other assets of such funds and property; and
(vii) Proceeds of any disposal of parts of such funds and property.
(c) Funds for ordinary or extraordinary purposes shall only be withdrawn from the Divisional Conference account by cheque, or by electronic funds transfer authorised by and notated for audit purposes by the Divisional Secretary, and such cheque or electronic funds transfer withdrawal shall be countersigned by the Divisional President or one of the Divisional Assistant Secretaries.
(d) All Divisional Conference funds shall be applied and/or invested as follows: In such lawful manner as the Divisional Conference or Executive may decide, including, without limiting the generality of this provision, on a current account in the name of the Union and the Commonwealth Bank, relevant Government-owned State Bank or other financial institution approved by the Divisional Conference, purchase or mortgage of real or personal estates situated in the Commonwealth of Australia, subscription or purchase of shares in any company registered and carrying on business in any State of the Commonwealth of Australia, or in accordance with the provisions of the Act. No funds applied and/or invested as aforesaid shall be realised except by the authority of the Divisional Executive.
(e) The Divisional Conference or Executive may raise or borrow money for the purpose of carrying
out any of the objects of the division and for purchasing or leasing any real or personal property
and for erecting buildings and repairing or renovating any buildings owned or occupied by it and
may charge or mortgage or pledge any of its real or personal property as security for any loans.
Any mortgage or instrument for securing any such loans shall have the seal of the Union affixed
thereto and shall be signed by the Divisional Secretary and the Divisional President (or any person
authorised to act in their place).
(f) A loan, grant or donation of an amount exceeding $1,000 shall not be made from the Divisional funds unless the Conference or Executive of the Division -
(a) has satisfied itself -
(i) that the making of the loan, grant or donation would be in accordance with the
other Rules of the Union; and
(ii) in relation to a loan - that, in the circumstances, the security proposed to be given
for the repayment of the loan is adequate and the proposed arrangements for the
repayment of the loan are satisfactory; and
(b) has approved the making of a loan, grant or donation.
The Financial Year of the Divisional Conference shall terminate on the thirty first day of March each year, and an audited balance sheet shall be presented to Conference by the Divisional Secretary. On the adoption of the balance sheet by the Divisional Conference, such decision with a copy of the balance sheet shall be published in the Division's Journals.
30 - DIVISIONAL EXECUTIVE AUDITORS
Subject to the provisions of the Workplace Relations Act 1996 or any Act replacing that Act, the Divisional Executive shall appoint annually, a person competent within the meaning of that Act, as an auditor, who shall not be members of the Executive, who once a year, and at such other times as directed by the Executive, shall take the Divisional Conference books and balance sheet, with all receipts, and compare them with the bank passbook and vouchers and other financial records, and report on their examination to the Executive and to the Divisional Conference.
31 - PROPERTY AND FUNDS OF THE DIVISION
All funds and other assets held by the Divisional Conference and/or Branches shall be the property of the Division.
(a) Any person qualified for membership shall pay to the Branch Secretary or other authorised person the prescribed entrance fee and contribution, shall be informed in writing at the time of his/her application of the financial obligations arising from membership and the circumstances and the manner in which a member may resign from the Union and shall receive a ticket entitling such person during its currency, so long as he/she remains loyal to the Rules and Resolutions of the Union, to all rights and privileges of membership and rendering such person amenable to the Rules and Resolutions of the Union. Where a qualified person has applied for membership, the person shall be a member notwithstanding his/her failure to pay the prescribed entrance fee and/or contribution but he/she shall remain liable to pay the same.
(b) Any qualified person applying for membership, except in the case of applicants who produce a clearance from a bona fide industrial organisation, shall be required to pay an entrance fee of twenty dollars ($20.00); provided that the Branch Committee of Management shall have power to waive or vary the conditions relating to the entrance fee where deemed necessary.
(c) Any qualified person who has resigned from the Union may be readmitted to membership by a resolution of the Committee of Management on payment of an entrance fee not exceeding the sum of twenty dollars ($20.00); provided that the Committee of Management shall have power in such cases to waive or vary the conditions relating to entrance fee where deemed necessary.
(d) A member of the Union may resign from membership by written notice addressed and delivered to
the Secretary of the Branch to which the member is attached.
A notice of resignation from membership shall take effect:
(1) Where the member ceases to be eligible for membership of the Union:
(i) on the day on which the notice is received by the Union; or
(ii) on the day specified in the notice, which is a day not earlier than the day when the
member ceases to be eligible for membership; whichever is later; or
(2) In any other case:
(i) at the end of 2 weeks after the notice is received by the Union; or
(ii) on the day specified in the notice; whichever is later.
Any dues payable but not paid by a former member of the Union in relation to a period before the
member's resignation from the Union took effect, may be sued for and recovered in the name of
the Union in a Court of competent jurisdiction, as a debt due to the Union.
A notice delivered to the Branch Secretary shall be taken to have been received by the Union when
it was delivered.
A notice of resignation that has been received by the Union is not invalid because it was not
addressed and delivered in accordance with the provisions of this sub-rule.
A resignation from membership of the Union is valid even if it is not effected in accordance with
this sub-rule if the member is informed in writing by or on behalf of the Union that the resignation
has been accepted.
(e) Any person who has been expelled from membership of the Union shall not be readmitted to membership except by resolution of the Branch Committee of Management carried by a vote of majority of the members present there at and upon payment of all contributions and levies accruing during the period of his/her expulsion, provided that the Branch Committee of Management shall have power to waive or vary the payment of contributions and levies accruing during the period of his/her expulsion. Any person expelled from membership by resolution of Conference shall not be readmitted to membership without the authority of Conference.
(f) (1) From time to time the Branch Committee of Management may direct the Branch Secretary
to remove from the register of members the names of members who satisfy the following
criteria:
any or all members owing entrance fees, contributions, levies or fines imposed in
accordance with the rules of the union or the division for a period of in excess of thirty
days or more, provided that members so removed shall not be free from liability for arrears
due.
(2) Where such persons owe money to the union, they shall be liable to pay immediately all
entrance fees, contributions, levies or fines and any other monies due to the union, and, in
default of payment, may be sued for any outstanding amounts.
(3) The Branch Secretary shall give a member 14 days notice in writing to the member's last
address shown on the register of members of the intention to remove the name from the
register.
(4) Any member whose name has been so removed from the register shall thereupon cease to
be a member of the union or to have any of the rightful privileges of membership, subject
to Clause (6) below.
(5) Any such person shall be liable to pay all such entrance fees, contributions, levies or fines
and any other monies due to the union up to the date of the removal of the member's name
from the register, and, in default of payment, may be sued for any outstanding amounts.
(6) Any person removed in accord with this Rule may appeal to the Divisional Executive
against any action or decision of a Branch Committee of Management taken pursuant to
this sub-rule. In the event that Divisional Executive decides to reinstate the persons
membership, and provided they have paid all fees, contributions, levies and/or fines owed
to the union in accord with the Rules, they shall be deemed not have broken their
continuity of membership of the union.
A person who has retired from the employer and who was a financial member at the time of their
retirement shall be entitled to associate membership.
Associate members shall not exercise a vote or hold any position in the Division but they are entitled to
attend and speak at any General Meeting.
No person can become or remain an associate member if they commence employment or intend to
commence employment with any employer or industry covered by eligibility rules 2.5 to 2.22 inclusive.
Associate members shall entitled to Branch newsletters and services as determined by the Branch
Committee of Management.
All applications for Associate membership are subject to approval of the Branch Committee of
Management.
Retired members admitted as an Associate Member shall have no other rights unless specifically covered
by this Rule.
(a) A member who has ceased employment, or a full time officer of the union who was a member at the time of ceasing with the union and who has rendered special or valuable service to the union, may, by resolution of the Divisional Executive, a Branch General Meeting or Branch Committee of Management, be admitted as an Honorary Life Member of the union. Such admission to Honorary Life Membership shall be subject to endorsement, or otherwise, by Divisional Conference or Divisional Executive. Any resolution originating from and bestowing life membership by resolution of the Divisional Executive shall be subject to endorsement or otherwise by Divisional Conference.
(b) Branches shall advise the Divisional Secretary of any such admission to Honorary Life Membership as soon as practicable following that resolution by the Branch.
(c) Honorary Life Members shall be entitled to attend and to speak at any General Meeting, but they shall not be entitled to exercise a vote or to hold any office in the Union other than Returning Officer or Divisional Returning Officer. However, they shall be permitted to act as delegates to affiliate bodies when ordinary members are not available.
(d) On being admitted to Honorary Life Membership, such members shall be entitled to receive an Honorary Life Membership Certificate signed by the Divisional President and the Divisional Secretary.
(e) Life Members of organisations that amalgamate with the Union shall be recognised as Honorary Life Members of the Union, upon amalgamation, provided that at the time of amalgamation, they have retired or resigned their employment including a position of full-time office within the Union. Provided that those Life Members of the amalgamating organisation who have not yet retired or resigned from their employment or from full-time office with the Union, shall upon such retirement or resignation be recognised as Honorary Life Members pending endorsement by the next succeeding Divisional Conference of the Union and/or Divisional Executive.
(f) Life Members admitted under sub-rule (e) shall have the same entitlements and privileges as provided in sub-rule (c) and (d) of this Rule.
(g) Nothing in this Rule prevents Divisional Conference or Executive from endorsing special recognition posthumously to a person who has rendered special or valuable service to the union. Such special recognition shall be known as the CEPU Service Citation and shall be seen as equivalent to the Life Membership recognition.
33A - LIFE MEMBERSHIP - ATEA/ATPOA
Notwithstanding Rule 33, all persons elected to Life Membership by ATEA/ATPOA prior to the date of amalgamation shall be deemed to be Life Members of the Union. Where an existing ATEA/ATPOA Life Member translates to an office in the new Union he/she shall continue to enjoy all the privileges of a full financial member of the Union upon payment of dues.
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