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CEPU CD RULES
Index to CEPU CD Rules

58 - BRANCH FUNDS AND PROPERTY


(a) The funds of the Branch ("the Branch funds") shall consist of:
(i) any real or personal property of which a Branch by the Rules or by any established practice not inconsistent with the Rules has or, in the absence of any limited term lease, bailment, or arrangement would have the right of custody, control or management;
(ii) the amount of subscriptions received by a Branch less so much as is payable to the Divisional Conference, the amount of any levy imposed and received by the Branch and the amount of any fines received by the Branch;
(iii) any interest, rents or dividends derived from investment of the Branch fund;
(iv) any superannuation or long service leave fund operated or controlled by a Branch for the benefit of its Officers or employees; (v) any property acquired wholly or mainly by expenditure of the monies of the Branch fund or derived from other assets of the fund; and
(vi) the proceeds of any disposal of parts of the fund.

(b) All monies received by the Branch shall be banked in the name of the Union in one or more of the following ways:
(i) by way of account, whether at call or otherwise with a duly registered credit union that offers services to members; or
(ii) by way of current account and/or fixed deposit with any Government owned State Bank or other financial institution approved by the Branch Committee of Management.

(c) There shall be a separate account for the deposit of monies representing the proportion of member's contributions payable for the maintenance of Divisional Office.

(d) The Branch Committee of Management may on behalf of the Branch expend Branch funds in the purchase of land and buildings including the redevelopment of land and buildings and may invest Branch funds in securities issued by a Government or local Government body or statutory authority or any company to promote the welfare of members.

(e) Where monies are held in more than one account the Branch Secretary shall maintain a register of such accounts or other investments as part of the Branch books for audit purposes.

(f) No monies shall be withdrawn from the account or accounts except by cheques signed by the Branch Secretary together with the Branch President, or in his or her absence an Officer or Branch Committee of Management member nominated by him or her as the authorised signatory for the duration of his or her absence.

(g) The Branch Committee of Management may, on receipt of the report and recommendation of the Branch Secretary, discharge from the records of the Branch a debt which, in the opinion of the Branch Secretary and Branch Auditor is irrecoverable. Provided that:
(i) this provision shall not apply to debtors who are members of the Union or persons who ceased to be members less than twelve months prior to the date of the Branch Committee of Management Decision;
(ii) the report of the Branch Secretary to the Branch Committee of Management shall detail the recovery action undertaken.

59 - ACCOUNTS, BALANCE SHEET AND AUDIT

The financial year of Branches shall terminate on 31st March in each year. A certified balance sheet in respect of each year, with the auditor's report thereon, shall be published, distributed and presented to members in accordance with the provisions of the Workplace Relations Act 1996 or its successor and Regulations. Each Branch shall, subject to any directions that may be given from time to time by the Divisional Conference, follow a system of bookkeeping acceptable to its public auditor.

60 - AUDITORS

An auditor who is a person competent within the meaning of the Workplace Relations Act 1996 or its successor, shall be appointed, who at least once a year, and at other times when instructed, shall take the books of the Branch, and balance sheets with all receipts and other documents, compare them, and draw up a correct report on same. Auditors finding any deficiencies shall state the particulars in the report and lay the same before the next meeting of the Branch Committee of Management.

61 - STATEMENT OF BRANCH MEMBERSHIP

The Secretary of each Branch shall, within 28 days of the 31st March, in each year notify the Divisional Secretary in writing of the number of members in each Divisional Section within the Branch books as at that date.

62 - RANKING OF POSITIONS IN ELECTIONS

(a) No person shall hold more than one of the positions of Divisional President, Divisional Secretary, Divisional Assistant Secretary, Branch Secretary, Branch Assistant Secretary, Organiser, Branch President, Branch Vice-President or member of Branch Committee of Management.

(b) No person shall hold more than one of the positions of National Councillor and Alternate National Councillor.

(c) No person shall hold more than one of the positions of Divisional Conference Member and Alternate Divisional Conference Member.

(d) No person shall hold more than one of the positions of Divisional Executive Member or Alternate Divisional Executive Member.

(e) In determining the vote for Divisional Officer the votes shall be counted in the following order.
(i) Divisional President;
(ii) Divisional Secretary;
(iii) Divisional Assistant Secretary;
(iv) Divisional Vice-President - Affirmative Action;
(v) Divisional Vice-Presidents;
(vi) National Councillor
(vii) Alternate National Councillor
(viii) Divisional Conference Member;
(ix) Alternate Divisional Conference Member;
(x) Divisional Executive Member;
(xi) Alternate Divisional Executive Member.

(f) In determining the vote for Branch Officer the votes shall be counted in the following order:
(i) Branch Secretary;
(ii) Branch Assistant Secretary;
(iii) Branch Organiser;
(iv) Branch President;
(v) Branch Vice President;
(vi) Committee of Management Member;
(vii) Alternate National Councillor.

(g) Any person elected to a position shall be eliminated from a subsequent count for a position to be counted later provided that a person elected solely as a Divisional Conference Member or Alternate Divisional Conference Member shall not be eliminated from a count for Divisional Executive Member or Alternate Divisional Executive Member, provided that any person elected to any of the positions in sub-rules (d) or (e) above shall not be eliminated from a count for Alternate National Councillor, subject to the provisions of sub-rule (b) above.

63 - HONORARIA AND ALLOWANCES

(a) Subject to these Rules, each Branch at its Annual General Meeting shall fix for the ensuing twelve months the honoraria, fees and allowances to be paid to its Honorary Branch Officers, Members of Committee of Management, members of Branch Executive, other Committees of Branches and the Returning Officer provided that where a member of the Branch shall lose salary including shift penalties or higher duties whilst transacting business for the Division, which is authorised by the Branch Secretary or Branch Committee of Management, he or she shall be reimbursed in full for all such losses sustained from the funds of the Branch.

(b) Any member of the Union, when deputed to transact business on behalf of the Division, or any Branch or Divisional Section thereof, shall receive such sum per day including the time legitimately taken up in journeying from and returning to his or her place of residence, as may be determined by the General Meeting of the Branch, together with economy class fare to and from the place where his or her services are required.

64 - ORDER OF BUSINESS

(a) At every Special General Meeting or Extraordinary General Meeting of a Branch, the circumstances under which it has been convened shall be explained by the Presiding Officer, and the business for consideration shall be proceeded with. No business except that expressly stated in calling the meeting shall be discussed at such meeting.

(b) At every ordinary meeting of a Branch the first business shall be the reading and confirmation of the minutes of the preceding meeting, and no discussion shall be permitted thereupon except as to their accuracy as to the record of proceedings. After the reading of the minutes the order of business shall be as follows, or nearly thereto as may be practicable, but the order of business may (wherever it is considered advisable) be altered by direction of the meeting:
(i) business arising out of minutes;
(ii) roll call;
(iii) new members;
(iv) presentation of reports;
(v) finance;
(vi) correspondence, considering and ordering thereon;
(vii) questions;
(viii) business of which notice has been given;
(ix) notice of motion;
(x) fixation of allowances and honoraria;
(xi) nomination of officers;
(xii) general business.

(c) At Special Branch General Meetings or adjourned meetings of the Branch the special or adjourned business only shall be dealt with.

(d) At every Annual General Meeting of a Branch the order of business shall be as follows:
(i) Reading and confirmation of Minutes.
(ii) Correspondence read and dealt with.
(iii) Appointment of Returning Officer and Auditor.
(iv) Presentation of the Secretary's Annual Report.
(v) Motions of which Notice has been given.
(vi) General Business.

65 - TERMS OF OFFICE

(a) Full time Branch Officers shall be elected for a term of 4 years and shall take up office from 1 August in the year of election following the declaration of the office in question.

(b) Honorary Branch Officers shall be elected for a term of 2 years and shall take up office from 1 August in the year of election following the declaration of the office on question.

(c) In the event the Returning Officer is unable to declare a person elected to an office on or before 1 August in the year of election the person holding office shall remain in that office until the office is declared elected.

66 - BRANCH NOMINATIONS

(a) Candidates for office on the Branch Committee of Management except where otherwise provided, must be financial members of the Branch and be nominated in writing by at least two other financial members of the Branch. All nomination papers must be signed by and contain the addresses of those making the nomination and be countersigned by the person nominated. The provisions of this sub-rule shall also apply to candidates for office as Returning Officer, Assistant Returning Officer, Divisional Conference Delegate and Alternate Divisional Conference Delegate, Divisional Executive Member and Alternate Divisional Executive Member of the Division and any other office within the jurisdiction of the Branch. No person shall be eligible to be nominated for or elected to any office or position unless such person shall have been a continuously financial member of the Branch for a period of not less than 12 months immediately prior to the closing date of nominations.
(b) Candidates for Office of: Branch Vice President, Technical Divisional Section, Branch Vice President, Operator Divisional Section, and Divisional Section Committee of Management Members must be financial members of the relevant Divisional Section and be nominated in writing by at least two (2) other financial members of the same Divisional Section.
(c) Candidates for the office of: Branch Assistant Secretary (Technical Divisional Section), Branch Assistant Secretary (Operator Divisional Section), Branch Organiser (Technical Divisional Section) and Branch Organiser (Operator Divisional Section) must be financial members of the Branch and be nominated in writing by at least two other financial members of the Branch.
(d) Candidates for the office of National Councillor and Alternate National Councillor representing the TOA members shall be financial members of the TOA Branch and be nominated in writing by at least two (2) other financial members of the TOA Branch.
(e) Candidates for Alternate National Councillor positions for the Divisional Executive Member and Divisional Branch Secretary National Councillors in accordance with Rule 22 sub-rule (i) and (iii) shall be elected by a secret ballot of the financial members of the Divisional Section or Divisional Group as the case may be.
(f) Nominations for any office which has been declared a full-time office, or which has been declared a full-time position of Organiser, shall, except in the case of a vacancy provided for in Rule 68 or 69, be called for by notice published in a Divisional Executive journal or Branch Circular.
(g) All nominations for office, including full-time offices, or full-time position of Organiser, shall be called for by the Branch Returning Officer, on the first day of April in the year of election or should that day be a Saturday, Sunday or holiday, on the first day thereafter which is not a Saturday, Sunday or holiday, and shall close at 12 noon on the last day of April in the year of election or, should that day be a Saturday, Sunday or a holiday on the first day thereafter which is not a Saturday, Sunday or a holiday. Nominations shall be addressed to the Branch Returning Officer.
(h) If the Branch Returning Officer finds a nomination to be defective he/she shall, before rejecting the nomination notify the person concerned of the defect, and where it is practicable to do so, give him/her the opportunity of remedying the defect within seven days after his/her being notified.
(i) If there be no more valid nominations than there are vacancies for a position, the Branch Returning Officer shall declare the nominated person or persons elected to the position.
(j) If more valid nominations are received than there are vacancies for a position, the Branch Returning Officer shall have ballot papers printed and delivered to him/her containing the names of the candidates for each position arranged in the order they are drawn, indicating the number to be elected for each position, the manner in which votes shall be recorded and the date and the time of the closing of the ballot, such date and time being not later than 12 Noon on the thirtieth day of June in the year of the election or on the first working weekday following should the thirtieth day of June fall on a holiday or weekend and indicating the ballot shall commence on the first day of June or the first working weekday following that date in the year of the election.

67 - BRANCH ELECTIONS

(a) The election of Officers of the Branch Committee of Management and of other Officers required to be elected under this Rule shall be conducted by the Branch Returning Officer by secret postal ballot of financial members of the Branch. Except in the case of the TOA Branch Committee of Management Members, the positions referred to in 68(b) and (c) shall be elected by secret postal ballot of financial members of the relevant Divisional Section.
The ballot shall close at 12 noon on the thirtieth day of June in the year of the election or on the first working weekday following should the thirtieth day of June fall on a holiday or weekend and shall commence on the first day of June or the first working weekday following that date in the year of the election.

(b) The Branch Returning Officer shall:
(i) prepare a Roll of Voters who are entitled to vote in the election. The Roll of Voters shall close seven (7) days before the day on which nominations for the election are to open. Nothing in this sub-rule shall prevent the correction of errors in the Roll of Voters after the Roll is closed.
(ii) make the Roll of Voters available for inspection and copying by members or by any other person authorised by him/her, to be used for election purposes only, during ordinary business hours at the place where he/she carries out their duties in relation to the election in the period commencing the day after the Roll of Voters is closed and ending thirty (30) days after the declaration of the result of the election.
(iii) keep the Roll of Voters and they may be supplied electronically.

(c) The official designation of any candidate and/or the section in which he/she is employed shall not be permitted to appear on any ballot paper issued by the Branch Returning Officer.

(d) The Branch Returning Officer shall:
(i) be responsible for the safe custody of the ballot papers;
(ii) obtain from the printer a certificate of the number of ballot papers printed;
(iii) initial every ballot paper prior to its distribution;
(iv) (A) forward by pre-paid post in an envelope having as few distinctive characteristics as possible to each member entitled to vote:
(1) such ballot paper or ballot papers as is or are appropriate for the purpose of the election;
(2) a pre-paid or business reply paid envelope having as few distinctive characteristics as possible addressed to the Returning Officer at a Post Office Box number designated by him/her;
(3) an envelope capable of insertion in the outer envelope referred to in (ii) above, such envelope to have provision on the outside of the envelope for the member to fill in the member's name and address and to sign his or her signature;
(4) an envelope marked 'ballot paper only' capable of insertion in the envelope referred to in (3) above;
(5) voting instructions, printed either on the ballot paper referred to in (1) above or on a separate sheet of paper, containing such voting instructions as the Returning Office considers necessary or desirable including an instruction that the completed ballot paper should be inserted in the envelope referred to in (4) above, the envelope sealed and inserted into the envelope referred to in (3) above, the name, address and signature to be completed on the envelope referred to in (3) above, the envelope sealed and enclosed in the outer envelope referred to in (2) above and returned by post to the Returning Officer. Such instructions shall make clear that the process of counting by the Returning Officer shall eliminate any possibility of ascertainment of a member's identity.
(B) at the time of forwarding of ballot papers and other documents referred to in (A) above and, subject to the employer corporations approval, prepare a Notice and arrange for the placing of such Notice on the Notice Boards at places where more than ten members work or report for work, informing members of the forthcoming election, the distribution of ballot papers and a statement that any member entitled to vote who does not receive a ballot paper by a date specified by the Returning Officer in his/her discretion, being a date some date after projected posting and before counting begins, to report such non receipt to the Returning Officer;
(v) control a ballot box provided for the receipt of ballot papers and in the presence of the scrutineers if they desire to be present to see that the box is empty immediately prior to the opening of the ballot and thereupon seal the said box and to ensure that it remains sealed, until the time fixed for the closing of the ballot;
(vi) (A) after the closing date of the ballot in the presence of scrutineers appointed pursuant to Rule 72(c) to open each envelope referred to in (d)(iv)(A)(2) above which has been returned to him/her, examine the section of the envelope referred to in (d)(iv)(A)(3) above, strike the name of the member appearing thereon off the roll as having voted in the election, and subject to (B) below, admit the inner envelope marked 'ballot paper only' containing the ballot paper to the count after removing it from the outer envelope;
(B) conduct prior to the removal of the inner envelope marked 'ballot paper only', in the presence of scrutineers, a random check of the signatures appearing on the outer envelope by comparing approximately one signature in every one hundred votes of the signature appearing in the organisation's records, provided the Returning Officer shall have a complete discretion to check any additional signatures as he/she thinks fit;
(C) engage, if he/she thinks fit, the services of a Bank Officer, or such other person skilled in the comparison of signatures, to assist him/her in decisions relating to signatures, providing that the Returning Officer shall be the final judge of whether the envelope has been signed by the member named therein:
(D) after processing each of the envelopes referred in (A) above, to remove the ballot papers admitted to the count from the envelopes marked 'ballot paper only' and proceed to count the ballot;
(E) no envelope referred to in (d)(iv)(A)(3) above shall be admitted to the count if the envelope has not been filled up or has not been filled up to an extent sufficient in the opinion of the Returning Officer to enable him/her to be satisfied as to the identity of the member casting such vote;
(F) to retain for a period of twelve months after completion of an election the roll of voters, and each envelope and the ballot paper referred to above;
(G) the Returning Officer for the purposes of carrying out the matters set out in (A), (B), (C) and (E) above may require the relevant Branch Secretary to provide him/her with reasonable access to the Branch Membership Records at such and for such period or periods of time as he/she might reasonably require. Such access shall not be or deemed to be possession for the purposes of (F) or the provisions of the Industrial Relations Act though any copies of such membership records, or parts thereof, made by or on behalf of the Returning Officer and coming into his/her possession shall be retained for a period of twelve months in accordance with the provisions of the Industrial Relations Act or pursuant to (F) above as the case may be.
(H) wherever in this Rule there is reference to the Returning Officer such expression shall include any of his/her staff or any person duly authorised by him/her or on his/her behalf to conduct or assist in the conduct of any of the said elections or any part thereof.
(vii) following the close of nominations in the year of election the Returning Officer shall declare the results of the ballot as a whole or as far as it has progressed and submit a report to the Branch Secretary. On completion of the ballot for the remaining positions, the Returning Officer shall declare the result of the ballot and submit a full report to the Divisional Secretary indicating the number of ballot papers printed, the number distributed, the number on hand, and any other relevant matters.

(e) The system of voting adopted by a Branch shall be known as first past the post and shall allow for an order of preference to be indicated by the voter so that in the event of the elimination of a candidate or candidates an effective vote may still be cast. In the event of the votes of two or more candidates, one of whom is sitting Officer, being equal, the sitting Officer shall be declared to be elected. In other cases of equal voting the Returning Officer shall determine the ballot by drawing lots. Where a member votes and his/her intention is clear, his/her vote will be included in the count. This intention may be indicated by a cross or a tick or a number.

(f) Except in the case of the TOA Branch, the election of Branch Committee of Management Members shall be conducted by the Branch Returning Officer in a similar manner to the election of other Officers of the Branch; provided that in the election of these Members the voting shall be confined to members attached to the respective Divisional Sections, a list of whose names shall be supplied by the Branch Secretary.

(g) One member from each Divisional Section, elected by a General Meeting, shall be present as scrutineers during the counting of the ballot.

(h) Branches shall provide, by resolution of the Branch Committee of Management for the election of Delegates and/or Alternate Delegates to any body, having a state-wide character and with which a Branch is affiliated. Alternate Delegates so elected shall be entitled to act in the unavoidable absence of Delegates. Delegates and/or Alternate Delegates to these bodies shall be elected at such time and place as may be determined by the Branch from time to time. Nominations of Alternate Delegates shall be called for and made as an office and be elected in a separate ballot from that of Delegates and the ballots for these positions shall be conducted by the Branch Returning Officer by a secret ballot of the Branch Committee of Management.
Representatives and Deputy Representatives on Promotions Appeal Boards constituted by the Postal and Telecommunications Commissions shall be elected by the Branch Committee of Management in the same manner as provided for in this sub-rule. Nominations for all such positions shall be called for as provided in these Rules.

(i) Any candidate for election to a position on the Branch Committee of Management or any other position which is included in the ballot at the Biennial Election of Officers may, on payment of a sum of $10 and within seven days of the declaration of the poll or ballot, lodge with the Secretary of the Branch to which he/she is attached a demand for a recount, with the right to appoint his/her own scrutineer, and upon receipt of such demand the Secretary shall arrange within seven days for a recount to take place. In the event of the recount result being in favour of the person seeking the recount, the sum of $10 shall be refunded to the person concerned.

(j) The Branch Returning Officer may take action and give such directions as he/she considers necessary in order to ensure the secrecy of the ballot and that no irregularities occur in or in connection with the election or to remedy any inconsistency or inadequacy that arises in the application of the Rules in the conduct of the election.

(k) Circulars on behalf of candidates shall not bear the word "Official" and shall be authorised by at least one member of the Division.

68 - FILLING BRANCH VACANCIES - SHORT TERM

(a) In the event that any Branch Officer or Branch Committee of Management position becomes vacant for any reason and the unexpired part of the term is less than twelve (12) months or three quarters of the term of office before the date of the closing of the ballot for the next elections whichever is the greater the vacancy shall be declared vacant by the Branch Committee of Management at its next scheduled meeting and shall be filled by appointment of the Branch Committee of Management within three (3) months of the declaration of the vacancy.

(b) A person elected under this Rule to a Branch Office or Branch Committee of Management position shall hold office until the completion of the Branch ballot next following the filling of the said vacancy and if nominating for the same office or position at the next Branch ballot shall be deemed to be the holder of that office or position in accordance with Rule 4(j).

69 - FILLING BRANCH VACANCIES - LONG TERM

(a) In the event that any Branch Officer or Branch Committee of Management position becomes vacant for any reason and the unexpired part of the term is more than twelve (12) months or three quarters of the term of office before the date of the closing of the ballot for the next election whichever is the greater, the vacancy shall be declared vacant by the Branch Committee of Management at its next scheduled meeting following the occurrence of the vacancy. The election shall be conducted in the same manner and subject to the provisions of Rules 66 and 67.

(b) A person elected under this Rule to a Branch Office or Branch Committee of Management position shall hold office until the completion of the Branch ballot next following the filling of the said vacancy and if nominating for the same office or position at the next Branch ballot shall be deemed to be the holder of that office or position in accordance with Rule 4(j).



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