(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)
(d) 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.
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.
47A - DEFERRED PAYMENTS
(a) This Rule applies:-
(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).
(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.
48 - ALLOCATION OF FUNDS
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.
50 - REGISTER OF MEMBERS
(a) Each Branch Secretary shall keep a register of the names and addresses of all members of the Branch, including membership of the particular Industry Section to which they belong, which shall be open for inspection by an Industrial Registrar, or a person authorized by an Industrial Registrar, between the hours of 9.00am and 5.00pm Monday to Friday at the Branch Office of the Division and shall supply a copy of the same to the Divisional Secretary and/or Divisional President when required.
(b) In conformity with the Act each Branch Secretary shall:
(i) enter in the register the name and postal address of each person who becomes a member, within 28 days after the person becomes a member.
(ii) remove from the register the name and postal address of each person who ceases to be a member within 28 days after the person ceases to be a member; and
(iii) enter in the register any change in the particulars shown on the register, within 28 days after the matter necessitating the change become known to the Division.
(c) Within 28 days of the end of the financial year pursuant to Rule 29 each Branch Secretary shall forward to the Divisional Secretary a statement to the effect that during the preceding year the Register of Members was maintained in accordance with this Rule.
50A - PURGING OF THE REGISTER
(a) Each Branch Secretary shall from time to time as directed by the Branch Committee of Management remove from the Register of Members the names and postal addresses of all members who satisfy the following criteria:
(i) All members owing entrance fees, contributions, levies or fines imposed in accordance with the Rules of the Union or the Division for a continuous period of thirty (30) days since the amount or amounts became payable, provided that the Branch Secretary may remove the names and postal addresses of such members from the Register of Members no later than twelve (12) months after the end of the thirty (30) day period in the absence of a direction from the Branch Committee of Management.
(ii) All members who have ceased to be eligible for membership of the Union under the Rules of the Union, by reason of ceasing to work in the industry or industries specified in Rule 2 of Section "A" of the Rules of the Union or otherwise, for a period in excess of twelve (12) months. Provided that no member shall be deemed to have ceased to be eligible for membership of the Union who is elected or appointed as an officer of a Labor/Labour industrial organisation or a Labor/Labour political body or is elected to the Federal, a State or Territory Parliament.
(b) The Branch Secretary shall give a member fourteen (14) days notice in writing to the member's last postal address shown on the Register of Members of the intention to remove the name and postal address from the Register.
(c) Any person whose name and postal address is removed from the Register of Members under this Rule ceases to be a member of the Union on the day his or her name and postal address is removed and ceases to have any of the rightful privileges of membership from that day.
(d) Any such person so removed shall be liable to pay all such entrance fees, contributions, levies or fines imposed in accordance with the Rules of the Union or Division and any other monies due to the Union up to the date of removal of the person's name and postal address from the Register, and, in default of payment, may be sued for any outstanding amounts.
(e) Any person whose name and postal address is removed from the Register of Members under this Rule, may appeal to the Divisional Executive against any action or decision of a Branch Committee of Management or Branch Secretary taken pursuant to this Rule within fourteen (14) days of that action or decision. Notwithstanding sub-rule 1, the lodging of an appeal will act as an automatic stay of the removal of the person's name and postal address from the Register pending the determination of the appeal by the Divisional Executive. In the event that the Divisional Executive decides to reinstate the person's membership, and provided they have paid all entrance fees, contributions, levies or fines owed to the Union in accordance with these Rules, they shall be deemed not to have broken their continuity of their membership of the Union.
51 - RULES
Each member shall be entitled, upon application to the Branch Secretary, to a copy of the Rules of the organisation or Branch or a copy of any amendments of the Rules made since a specified time, the first copy of which shall be supplied free of charge. Subsequent applications for a copy of the Rules or amendments thereto by a member if the member has been provided with a copy of the same Rules or amendments free of charge within the preceding 3 years shall be accompanied by a fee as prescribed by the Act .
52 - MINUTES OF MEETINGS
Each member shall be entitled to peruse the minutes of any meeting conducted under the Rules of the Union on application to the Branch Secretary.
53 - BRANCH OFFICERS
(a) There shall be Branch Officers as provided in these Rules.
(b) The duties of the Branch Officers, when provided for in sections 3, 4 and 5 of these Rules shall be:
(i) Branch President: the President shall be the recognised head of the Branch, and he/she shall preside at all Branch Executive, General, Special General and Branch Committee of Management meetings and shall ensure that the general working of the Branch is carried out in conformity with the Rules, the resolutions of Divisional Council, Conference and the instructions of the Divisional Executive. He/she shall sign in accordance with the Rules cheques and all documents requiring his/her signature as required by the Branch Executive or the Branch Secretary. Where the Branch President's position is a full time position he/she shall carry out his/her industrial duties in accordance with the directions of the Branch Secretary subject to the decisions of the Branch Committee of Management;
(ii) Branch Vice President: the duties of the Branch Vice President shall be to assist the President. In the absence of the President, one of the Vice Presidents shall occupy the Chair, conduct the business, and perform all duties of the President. He or she shall sign in accordance with the Rules, cheques and all documents requiring his or her signature as requested by the Branch Secretary.
(iii) Branch Secretary: the duties of the Branch Secretary shall be to:
(A) convene and attend each meeting of the Branch Committee of Management, Branch Executive and each General Meeting of the Branch where practicable and to compile and maintain the minutes of such meetings;
(B) attend to Branch correspondence;
(C) have charge of the books and documents of the Branch;
(D) manage and be responsible generally for the administration of the Branch Office and Branch Officers subject to the Rules;
(E) maintain a register of membership in accordance with rule 51;
(F) forward annually, to the Divisional Secretary a statement of the total membership and financial membership of the Division and of the Branch on the 31st March;
(G) prepare and issue to the Annual General Meeting of the Branch the Annual Report of the Branch and an account of the income and expenditure of the Branch;
(H) forward to the Divisional Secretary forthwith after its issue, a copy of the Branch Annual Report and account of the income and expenditure of the Branch;
(I) maintain an accounting record of the financial transactions of the Branch showing the source and nature of all income received and the nature and purpose of all expenditure made;
(J) make all payments on behalf of the Branch, receive all money payable to the Branch and promptly deposit such money in the bank account of the Branch;
(K) perform such other duties as may from time to time be directed by the Branch Committee of Management, or Branch General Meeting;
(L) provide the Divisional Conference or Branch Committee of Management with a statement of the financial affairs of the Branch when so directed;
(M) provide for the collection of fines, levies and subscriptions (other than subscriptions derived from salary) payable by members of the Branch to the Division or the Branch.
(N) manage and be responsible for the day to day Branch issues.
(iv) Branch Assistant Secretary: the duties of the Branch Assistant Secretary shall be to relieve the Branch Secretary and to attend all meetings of the Branch and to take rough minutes of the proceedings, except where otherwise directed by the Branch Secretary. At all other times he/she shall render such assistance as may be required by the Branch Secretary. In the absence of the Assistant Secretary for periods exceeding one week, Branch Committee of Management may appoint another member of the Branch Committee of Management as Acting Branch Assistant Secretary.
(v) Honorary Branch Assistant Secretary: the Honorary Branch Assistant Secretary shall perform such duties of the Branch Assistant Secretary as are consistent with the honorary status of the office.
(vi) Branch Organiser: the duties of the Branch Organiser shall be, under the general direction of the Branch Secretary, to visit workplaces, undertake representations on behalf of members, attend all meetings of the Branch, except when performing duties away from the Branch centre, and all other duties as may be required by the Branch Secretary.
54 - BRANCH EMPLOYEES
(a) Branch Committees of Management shall, have power to employ Industrial Officers, Employed Organisers, Recruiters, Campaigners, Temporary Organisers and clerical staff. Any person shall be eligible for employment as Industrial Officer, Employed Organiser, Recruiter, Campaigner, Temporary Organiser or as a member of clerical staff. The method of selection and pay and conditions shall be determined by the Branch Committee of Management. The duties of the Industrial Officer, Employed Organiser, Recruiter, Campaigner, Temporary Organiser or members of clerical staff shall be determined by the Branch Secretary.
55 - POWER TO ENTER AND INSPECT PREMISES
An honorary Branch Officer who holds a permit to enter and inspect premises in accordance with the provisions of the Act shall exercise his/her rights under such a permit with the authority of the Branch Secretary or Branch Committee of Management.
56 - BY-LAWS
Branches shall have power to make by-laws for the conduct of the management of the Branch and of any of the Committees thereof; provided that any by-law so made does not conflict with these Rules and has been submitted to the Divisional Executive which may disallow any by-law dealing with a matter other than a matter affecting members of the Branch only; provided further that any disallowance of any by-law submitted in accordance with this Rule shall be decided by the Divisional Executive within 28 days.
57 - AFFILIATION WITH ANY ORGANISATION
A Branch may affiliate with any organisation in the State subject to endorsement by the Divisional Conference.
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 Act . 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 Act , 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. The report shall also include the auditor's report, the general purpose financial report and the operating report as prescribed by the Act. 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.
60A - FINANCIAL REPORTING REQUIREMENTS
(a) The Branch Secretary shall within five (5) months of the end of the financial year provide free of charge to all members of the Branch a copy of the full report for the financial year. The full report may be circulated to members by publication in the Branch journals, by correspondence or email, on the Branch's website or by some other method where all Branch members have access to and are able to view the full report.
(b) Notwithstanding sub-rule (a) the Branch Committee of Management shall have the power to resolve that a concise report is to be provided to members in lieu of a full report.
(c) The Branch Secretary shall on the requisition in writing and signed by 5% or more of the Branch's members, call a Special Branch General Meeting for the purpose of considering the auditor's report, the general purpose financial report and the operating report.
(d) The requisition must be made within six (6) months of the end of the financial year and state that the purpose of the Branch General Meeting is to consider the auditor's report, the general purpose financial report and the operating report of the Branch for the financial year.
The Special Branch General Meeting shall be called and held in accordance with Rules 83, 85 and 86.
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 Industry 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 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 (1) of the positions of Divisional President, Divisional Secretary or Assistant Divisional Secretary.
(f) 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
(viii) Divisional Conference Member;
(x) Divisional Executive Member;
(g) 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;
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 Industry 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 and Honarary 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.
(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 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 industry group within 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 Industry Section, Branch Vice President, Operator Industry Section, and Industry Section Committee of Management Members must be financial members of the relevant Industry Section and be nominated in writing by at least two (2) other financial members of the same Industry Section.
(c) Candidates for the office of: Branch Assistant Secretary (Technical Industry Section), Branch Assistant Secretary (Operator Industry Section), Branch Organiser (Technical Industry Section) and Branch Organiser (Operator Industry Section) must be financial members of the Branch and be nominated in writing by at least two other financial members of the relevant Industry Section.
(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 fourteen (14) days thereafter 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. The positions referred to in
rules 75(e), 76(d) and 76A(f) not otherwise specified as being elected by the financial members of the Branch
shall be elected by secret postal ballot of financial members of the relevant Industry 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 71(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 Act though any copies of such membership records, or parts thereof, made by or on behalf of the Returning Officer and coming into his/her possession shall be retained for a period of twelve months in accordance with the provisions of the Act or pursuant to (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) 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 Industry Sections, a list of whose names shall be supplied by the Branch Secretary.
(g) One member from each Industry 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).
70 - CASUAL VACANCIES-BRANCH OFFICERS-FULL TIME POSITIONS
(a) Notwithstanding anything contained in Rules 68 and 69, where an office of a full-time officer (other than the position of a full-time Branch President or a full-time Branch Secretary) becomes vacant more than 56 days prior to the opening of nominations for the next election of the office concerned as provided by Rule 66, the Branch Committee of Management may resolve to abolish the office.
(b) Where the abolition of an office referred to in sub-rule (a) would result in no Divisional representation for a particular Division in the Branch office the Branch Committee of Management may resolve to abolish the office, or to convert the office to an honorary office.
(c) Where the Branch Committee of Management, resolves to abolish an office or to convert an office to an honorary office as referred to in sub-rule (a) or (b) hereof, the Branch Secretary shall refer the resolution to the Divisional Secretary who shall in accordance with Rule 10(b) submit to Divisional Conference within 14 days:
(i) the resolution to abolish the office, or to convert the office to an honorary office, as the case may be, for endorsement; and
(ii) the necessary rule changes required under the rules to abolish the office concerned or to convert the office concerned into an honorary office.
(d) Pending requirements of sub-rules (a), (b) and (c) and the certification of the rule changes by an Industrial Registrar, the provisions of Rules 68 and 69 shall not apply.
71 - BRANCH RETURNING OFFICER
(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.
74 - NOTICE OF MOTION
(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,
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
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:
Branch President, Branch Secretary;
South Australia/Northern Territory:
Branch President, Branch Secretary;
Western Australia:
Branch President, Branch 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 of the
Queensland,
South Australia/Northern Territory and
Western Australian Communications Division Branches,
there shall be an additional Branch Vice President Affirmative Action
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.
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,
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
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:
Branch Secretary, one (1) Branch Assistant Secretary, four (4) Branch Organisers;
Victoria:
Branch Secretary, three (3) Branch Organisers;
(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.
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:
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.
Victoria:
One (1) Branch Vice President
elected by the Branch financial membership.
and one (1) Branch Assistant Secretory
elected by the Branch financial membership
(g) For the purposes of Branch administration the following offices shall be declared full-time:
NSW:
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.
78 - SUB-BRANCHES
(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.
81 - BRANCH PLEBISCITE
(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.
82 - BRANCH AUTHORITY
(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.
85 - MEETINGS: HOW CALLED
(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).
86 - QUORUM
(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.
88 - AUTHORITY TO IMPOSE LEVY
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.
90 - INTERPRETATION OF RULES
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.
91 - TRANSITIONAL RULE - CWU CENTRAL BRANCH, TELECOMMUNICATIONS AND SERVICES BRANCH, WA BRANCH & VIC P&T BRANCH
Part A - General
(a) This Rule shall prevail over any conflicting provisions in any other Divisional Rule and the provisions of the Rules of the Union including any of those Rules relating to the terms of office of any office holder.
(b) (i) This Divisional Rule will enable the merger of the New South Wales Postal and Telecommunications Branch, the Queensland Communications Division Branch and the South Australian and Northern Territory Communications Division Branch to form the CWU Central Branch.
(ii) This Divisional Rule will also enable the merger of New South Wales Telecommunications and Services Branch and the Victorian Telecommunications and Services Branch to form the Telecommunications and Services Branch.
(c) This Divisional Rule shall take effect on the merger date which shall be the date upon which the Rule is certified by the Fair Work Commission.
(d) On the merger date, Divisional Rule 44 shall be deleted and new Divisional Rule 44 shall take effect as follows:
44 - FORMATION OF BRANCHES
(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.
Part B - CWU Central Branch
(e) For the purposes of this Part of this Divisional Rule:
(i) "transitional period" shall mean the period commencing on the merger date and ending on 31 July 2023.
(ii) "merged Branch" shall mean the CWU Central Branch.
(iii) "NSW P&T Branch" shall mean the NSW Postal and Telecommunications Branch.
(iv) "QLD Branch" shall mean the Queensland Communications Division Branch.
(v) "SA/NT Branch" shall mean the South Australian and Northern Territory Communications Division Branch.
(f) On the merger date, the NSW P&T Branch, the QLD Branch and the SA/NT Branch shall merge to form the merged Branch.
(g) On the merger date, Divisional Rule 46 shall be amended as follows:
(i) Delete the heading to Divisional Rule 46 and replacing it with the following heading:
"46 - INDUSTRY SECTIONS - WESTERN AUSTRALIAN COMMUNICATIONS DIVISION BRANCH"
(ii) Delete the first sentence of sub-rule (a) and replacing it with the following sentence:
"The Western Australian Communications Division Branch shall have two (2) Industry Sections and each member shall be allocated to an Industry Section".
(h) On the merger date, Divisional Rule 46A shall be amended as follows:
(i) Delete the heading to Divisional Rule 46A and replacing it with the following heading:
"46A - Industry Sections - Victorian Postal and Telecommunications Branch"
(ii) Delete the first sentence of sub-rule (a) and replacing it with the following sentence:
"The Victorian Postal and Telecommunications Branch shall have two (2) Industry Sections and each member shall be allocated to an Industry Section".
(i) On the merger date, a new Divisional Rule 46C shall be inserted as follows:
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
(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)
(d) 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.
(j) On the merger date, Divisional Rule 75 shall be deleted and the new Divisional Rule 75 shall take effect as follows:
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.
(k) On the merger date, a new Divisional Rule 75A shall be inserted as follows:
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.
(l) On the merger date, Divisional Rule 76 shall be deleted and new Divisional Rule 76 shall take effect as follows:
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.
(m) On the merger date, all offices in the NSW P&T Branch, the QLD Branch and the SA/NT Branch are abolished.
(n) On and from the merger date, the offices set out in Column B of the table below will be held by the persons holding the corresponding office set out in Column A immediately preceding the merger date until the date set out or described in Column C:
COLUMN A COLUMN B COLUMN C
Branch President
NSW P&T Branch merged Branch President (NSW/ACT) 31 July 2023
Branch Vice President
NSW P&T Branch merged Branch Vice President (NSW/ACT) 31 July 2023
Branch Vice President
NSW P&T Branch merged Branch Vice President (NSW/ACT) 31 July 2023
Branch President
QLD Branch merged Branch Vice President (QLD) 31 July 2023
Branch Vice President
QLD Branch merged Branch Vice President (QLD) 31 July 2023
Branch Vice President
QLD Branch merged Branch Vice President (QLD) 31 July 2023
Branch Vice President Merged Branch Vice President
(Affirmative Action) (Affirmative Action) (QLD) 31 July 2023
QLD Branch
Branch President
SA/NT Branch merged Branch Vice President (SA/NT) 31 July 2023
Branch Vice President
SA/NT Branch merged Branch Vice President (SA/NT) 31 July 2023
Branch Vice President
SA/NT Branch merged Branch Vice President (SA/NT) 31 July 2023
Branch Vice President merged Branch Vice President
(Affirmative Action) (Affirmative Action) (SA/NT) 31 July 2023
SA/NT Communications Branch
Branch Secretary
NSW P&T Branch merged Branch Secretary (NSW/ACT) 31 July 2023
Branch Assistant Secretary
NSW P&T Branch merged Branch Assistant Secretary (NSW/ACT) 31 July 2023
Branch Secretary QLD
Communications Branch merged Branch Assistant Secretary (QLD) 31 July 2023
Branch Assistant Secretary QLD
Communications Branch merged Branch Organiser (QLD) 31 July 2023
Branch Secretary SA/NT
Communications Branch merged Branch Assistant Secretary (SA/NT) 31 July 2023
Branch Assistant Secretary
SA/NT merged Branch Committee of Management
Communications Branch Member (SA/NT) 31 July 2023
Branch Organiser
NSW P&T Branch merged Branch Organiser (NSW/ACT) 31 July 2023
Branch Organiser
NSW P&T Branch merged Branch Organiser (NSW/ACT) 31 July 2023
Branch Organiser
NSW P&T Branch merged Branch Organiser (NSW/ACT) 31 July 2023
Branch Organiser
NSW P&T Branch merged Branch Organiser (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Lines and merged Branch Committee of Management
General Industry
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Lines and merged Branch Committee of Management
General Industry
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Lines and merged Branch Committee of Management
General Industry
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Lines and merged Branch Committee of Management
General Industry
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section QLD Member (QLD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section QLD Member (QLD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section QLD Member (QLD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section QLD Member (QLD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Telecommunications merged Branch Committee of Management
and Information Member (QLD) 31 July 2023
Technology Industry Section QLD
Communications Branch
Branch Committee of Management Member
Telecommunications merged Branch Committee of Management
and Information Member (QLD) 31 July 2023
Technology Industry Section QLD
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section SA/NT Member (SA/NTD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section SA/NT Member (SA/NTD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section SA/NT Member (SA/NTD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section SA/NT Member (SA/NTD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Telecommunications merged Branch Committee of Management
and Information Member (SA/NT) 31 July 2023
Technology Industry Section
(SA/NT) Communications Branch
Branch Committee of Management Member
Telecommunications merged Branch Committee of Management
and Information Member (SA/NT) 31 July 2023
Technology Industry Section
(SA/NT) Communications Branch
(o) All decisions of the Branch Committee of Management of the merged Branch shall be made by a majority of the votes cast at the meeting. The votes cast by members of the Branch Committee of Management of the merged Branch shall be on a card system. Each such member shall exercise a vote weighted proportionately to the percentage of financial members of the merged Branch in the geographic area in which the member resides having been equally divided by among number of members of the Branch Committee of Management of the merged Branch from that geographic area entitled to vote.
For the purposes of this sub-rule:
The percentage of financial members in a geographic area shall be the number of financial members resident in a geographic area on the day immediately preceding the merger date; and
The geographic areas shall be:
o The State of New South Wales and the Australian Capital Territory;
o The State of Queensland; and
o The State of South Australia and the Northern Territory.
(p) (i) Delegates to Divisional Conference as at the merger date elected by and from the members of the NSW P&T Branch, QLD Branch and SA/NT Branch shall remain in office representing the merged Branch until 31 July 2023; and
(ii) Members elected to the Divisional Executive as at the merger date elected by members of the NSW P&T Branch, QLD Branch and SA/NT Branch shall remain in office representing the merged Branch until 31 July 2023.
(q) Any casual vacancy arising in respect of any office referred to in sub-rules (n) and (p) shall be filled by appointment of the Branch Committee of Management of the merged Branch notwithstanding where, in the case of an office referred to in sub-rule (n) not being a full time position, the Branch Committee of Management takes a decision to abolish the office for the remainder of the transitional period.
(r) On the merger date, the assets and liabilities of the NSW P&T Branch, the QLD Branch and the SA/NT Branch shall become the assets and liabilities of the merged Branch.
(s) Upon the merger date, all members of the NSW P&T Branch, the QLD Branch and the SA/NT Branch on the date prior to the merger date shall become members of the merged Branch without payment of entrance fees and shall maintain continuity of membership, retain voting rights in accordance with the Divisional Rules and any privileges will be preserved.
(t) On the merger date, any period of membership and/or financial membership in the NSW P&T Branch or the QLD Branch or the SA/NT Branch in accordance with the Division's Rules prior to the merger date, shall be deemed to be for all purposes a period of membership and/or financial membership of the merged Branch. Any period of unfinancial membership in the NSW P&T Branch or the QLD Branch or the SA/NT Branch in accordance with the Division's Rules prior to the merger date shall be deemed to be for all purposes a period of unfinancial membership of the merged Branch.
(u) A person holding life membership in the NSW P&T Branch, the QLD Branch or the SA/NT Branch on the day immediately preceding the merger date shall be deemed on the merger date to be a life member of the merged Branch for all purposes under the Divisional Rules.
(v) A person holding the appointment of a Returning Officer or a Deputy Returning Officer of the NSW P&T Branch on the day preceding the merger date, shall be deemed to be on the merger date, the Returning Officer or the Deputy Returning Officer of the merged Branch respectively.
(w) From the merger date, the persons who held office in the NSW P&T Branch, the QLD Branch and the SA/NT Branch prior to the merger date shall take all and every action and execute such documents as may be necessary for, or helpful in effecting the transfer of assets, funds and property and debts and liabilities of the NSW P&T Branch, the QLD Branch and the SA/NT Branch to the merged Branch.
Part C - Telecommunications and Services Branch
(x) For the purposes of this Part of the Divisional Rule:
(i) "transitional period" shall mean the period commencing on the merger date and ending on 31 July 2023.
(ii) "NSW T&S Branch" shall mean the New South Wales Telecommunications and Services Branch.
(iii) "Vic T&S Branch" shall mean the Victorian Telecommunications and Services Branch
(iv) "merged Branch" shall mean the Telecommunications and Services Branch.
(y) On the merger date, the NSW T&S Branch and the Vic T&S Branch shall merge to form the merged Branch.
(z) On the merger date, Divisional Rule 46B shall be amended as follows:
(i) Delete the heading to Divisional Rule 46B and replacing it with the following heading:
"46B - INDUSTRY SECTIONS - TELECOMMUNICATIONS AND SERVICES BRANCH"
(ii) Delete the first sentence of sub-rule (a) and replacing it with the following sentence:
"The Telecommunications and Services Branches shall have two Industry Sections and each member shall be allocated to an Industry Section."
(iii) Amend Divisional Rule 46B(a)(iv) by replacing the word "Branches" with "Branch".
(aa) On the merger date, Divisional Rule 76A shall be amended as follows:
(i) Delete the heading in Divisional Rule 76A and replacing it with the following heading:
"76A - BRANCH MANAGEMENT - TELECOMMUNICATIONS AND SERVICES BRANCHES"
(ii) Delete the first sentence of Divisional Rule 76A and replacing it with the following sentence:
"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."
(iii) Amend Divisional Rule 76A(a) by replacing the word "Branches" with "Branch".
(iv) Amend Divisional Rule 76A(b) by replacing the word "Branches" with "Branch".
(v) Amend Divisional Rule 76A(c) by deleting the words "or Branch Assistant Secretaries".
(vi) Amend Divisional Rule 76A(c) by deleting the words "together with such numbers of Branch Organisers as provided in sub-rule (g)".
(vii) Delete Divisional Rule76A(f) and replacing it with the following:
"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."
(viii) Delete Divisional Rule 76A(g) and replacing it with the following:
"For the purposes of Branch administration, the following office shall be declared full-time:
Branch Secretary, one (1)".
(ix) Add to Divisional Rule 76A a new sub-rule (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."
(bb) On the merger date, all offices in the NSW T&S Branch and the Vic T&S Branch are abolished.
(cc) On and from the merger date, the offices set out in Column B set out in the table below will be held by the person holding the corresponding office set out in Column A immediately preceding the merger date until the date set out or described in Column C:
COLUMN A NUMBER COLUMN B COLUMN C
Vic T&S Branch T&S Branch
Secretary 1 Secretary 21 July 2023
President 1 President 31 July 2023
Assistant Secretary 1 Committee of Management Member (Technical) 31 July 2023
Vice President 1 Committee of Management Member (Technical) 31 July 2023
Committee of Management
(Technical) 7 Committee of Management Member (Technical) 31 July 2023
Committee of Management
(Operator) 1 Committee of Management Member (Operator) 31 July 2023
NSW T&S Branch
Secretary 1 Assistant Secretary 31 July 2023
Branch Assistant
Secretary 1 Committee of Management Member (Technical) 31 July 2023
President 1 Vice President (Technical) 31 July 2023
Vice President
(Technical) 2 Committee of Management Member (Technical) 31 July 2023
Vice President
(Operator) 1 Vice President (Operator) 31 July 2023
Committee of Management
(Technical) 6 Committee of Management Member (Technical) 31 July 2023
Committee of Management
(Operator) 1 Committee of Management Member (Operator) 31 July 2023
(dd) (i) Delegates to Divisional Conference as at the merger date elected by and from the members of the NSW T&S Branch and the Vic T&S Branch shall remain in office representing the merged Branch until 31 July 2023; and
(ii) Members elected to the Divisional Executive as at the merger date elected by members of the NSW T&S Branch and the Vic T&S Branch shall remain in office representing the merged Branch until 31 July 2023.
(ee) Any casual vacancy arising in respect of any office referred to in sub-rules (cc) and (dd) shall be filled by appointment of the Branch Committee of Management of the merged Branch notwithstanding where, in the case of an office referred to in sub-rule (cc) not being a full time position, the Branch Committee of Management takes a decision to abolish the office for the remainder of the transitional period.
(ff) On the merger date, the assets and liabilities of the NSW T&S Branch and the Vic T&S Branch shall become the assets and liabilities of the merged Branch.
(gg) Upon the merger date, all members of the NSW T&S Branch and the Vic T&S Branch on the date prior to the merger date shall become members of the merged Branch without payment of entrance fees and shall maintain continuity of membership, retain voting rights in accordance with the Divisional Rules and any privileges will be preserved.
(hh) On the merger date, any period of membership and/or financial membership in the NSW T&S Branch and the Vic T&S Branch in accordance with the Division's Rules prior to the merger date, shall be deemed to be for all purposes a period of membership and/or financial membership of the merged Branch. Any period of unfinancial membership in the NSW T&S Branch and the Vic T&S Branch in accordance with the Division's Rules prior to the merger date shall be deemed to be for all purposes a period of unfinancial membership of the merged Branch.
(ii) A person holding life membership in the NSW T&S Branch or the Vic T&S Branch on the day immediately preceding the merger date shall be deemed on the merger date to be a life member of the merged Branch for all purposes under the Divisional Rules.
(jj) A person holding the appointment of a Returning Officer or a Deputy Returning Officer of the Vic T&S Branch on the day preceding the merger date, shall be deemed to be on the merger date, the Returning Officer or the Deputy Returning Officer of the merged Branch respectively.
(kk) From the merger date, the persons who held office in the NSW T&S Branch and the Vic T&S Branch prior to the merger date shall take all and every action and execute such documents as may be necessary for, or helpful in effecting the transfer of assets, funds and property and debts and liabilities of the NSW T&S Branch and the Vic T&S Branch to the merged Branch.
Part D - Miscellaneous Amendments
(ll) On the merger date, Rule 4(n) shall be amended by deleting the words "constituted by Rules 46, 46A and 46B" with "constituted by Rules 46, 46A, 46B and 46C"
(mm) On the merger date a new Divisional Rule 5A shall be inserted as follows:
R5A - Divisional Conference (Geographically Specific Delegates)
(a) Notwithstanding Rule 5 where an industry section within a Branch is composed of members from more than one geographically specific electorate each geographically specific electorate shall elect Divisional Conference delegates from and by the members of the Industry Section within each geographically specific electorate as though each geographically specific area were, for the purposes of this rule, a distinct industry section.
(b) The voting power otherwise liable to be allocated to delegates from each industry section within a Branch pursuant to R5(g) is to be applied such that references to the electorate are taken to be references to the relevant geographically specific electorate from which the delegate has been elected.
(c) In this rule "geographically specific electorate" shall refer severally to each of:
In respect of the CWU Central Branch:
(i) the State of New South Wales and the Australian Capital Territory;
(ii) the State of South Australia and the Northern Territory; and
(iii) the State of Queensland
In respect of the Telecommunications and Services Branch:
(iv) the State of New South Wales and the Australian Capital Territory; and
(v) the State of Victoria.
(nn) On the merger date a new Divisional Rule 11A shall be inserted as follows:
R11A - Divisional Executive (Geographically Specific Delegates)
(a) Notwithstanding Rule 11 where an industry section within a Branch is composed of members from more than one geographically specific electorate each geographically specific electorate shall elect a Divisional Executive Member from and by the members of the Industry Section within each geographically specific electorate as though each geographically specific area were, for the purposes of this rule, a distinct industry section.
(b) The voting power otherwise liable to be allocated to a Divisional Executive Member from each industry section within a Branch pursuant to R5(g)(i) is to be applied such that references to the electorate are taken to be references to the relevant geographically specific electorate from which the delegate has been elected.
(c) In this rule "geographically specific electorate" shall refer severally to each of:
In respect of the CWU Central Branch:
(i) the State of New South Wales and the Australian Capital Territory;
(ii) the State of South Australia and the Northern Territory; and
(iii) the State of Queensland.
In respect of the Telecommunications and Services Branch:
(i) the State of New South Wales and the Australian Capital Territory; and
(ii) the State of Victoria
(nn) On the merger date a new Divisional Rule 11A shall be inserted as follows:
R11A - Divisional Executive (Geographically Specific Delegates)
(a) Notwithstanding Rule 11 where an industry section within a Branch is composed of members from more than one geographically specific electorate each geographically specific electorate shall elect a Divisional Executive Member from and by the members of the Industry Section within each geographically specific electorate as though each geographically specific area were, for the purposes of this rule, a distinct industry section.
(b) The voting power otherwise liable to be allocated to a Divisional Executive Member from each industry section within a Branch pursuant to R5(g)(i) is to be applied such that references to the electorate are taken to be references to the relevant geographically specific electorate from which the delegate has been elected.
(c) In this rule "geographically specific electorate" shall refer severally to each of:
In respect of the CWU Central Branch:
(i) the State of New South Wales and the Australian Capital Territory;
(ii) the State of South Australia and the Northern Territory; and
(iii) the State of Queensland.
In respect of the Telecommunications and Services Branch:
(i) the State of New South Wales and the Australian Capital Territory; and
(ii) the State of Victoria