The provisions of this Rule shall apply to all 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. Where the term Branch is used this is a reference to a Telecommunications and Services Branch of the Division.
(a) Each Branch shall, subject to these Rules and resolutions of Conference, manage the local affairs of the Branch within its territorial area.
(b) Each 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 years. All policy decisions of the Branch Committee of Management shall be notified to members.
(c) 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 or Branch Assistant Secretaries as provided in sub-rule (f), who shall be called the Branch Officers, together with such numbers of Organisers as provided in sub-rule (g) 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 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.
(f) The numbers of Branch Vice Presidents and Branch Assistant Secretaries shall be:
New South Wales:
2 Branch Vice Presidents elected by and from the Branch financial membership of the Technical Divisional Section, 1 Branch Vice President elected by and from the Branch financial membership of the Operator Divisional Section, 1 Branch Assistant Secretary elected by the Branch financial membership.
Victoria:
1 Branch Vice President elected by and from the Branch financial membership of the Technical Divisional Section, 1 Branch Vice President elected by and from the Branch financial membership of the Operator Divisional Section, 1 Branch Assistant Secretary elected by the Branch financial membership of the Technical Divisional Section, 1 Branch Assistant Secretary elected by the Branch financial membership of the Operator Divisional Section.
Queensland:
1 Branch Vice President elected by and from the Branch financial membership of the Technical Divisional Section, 1 Branch Vice President elected by and from the Branch financial membership of the Operator Divisional Section, 1 Branch Assistant Secretary elected by the Branch financial membership.
South Australia / Northern Territory:
2 Branch Vice Presidents elected by and from the Branch financial membership.
Western Australia:
1 Branch Vice President elected by and from the Branch financial membership.
Tasmania:
1 Branch Vice President elected by and from the Branch financial membership.
(g) For the purposes of Branch administration the following offices shall be declared full time:
New South Wales:1 Branch Secretary, 1 Branch Assistant Secretary;
Victoria: 1 Branch Secretary, 1 Branch Assistant Secretary, Technical Divisional Section, 1 Branch Assistant Secretary, Operator Divisional Section;
Queensland: 1 Branch Secretary, 1 Branch Assistant Secretary;;
South Australia/Northern Territory: 1 Branch Secretary;
Western Australia:1 Branch Secretary;
(h) For the purposes of Branch administration the number of elected Branch Committee of Management Members for each Divisional Section shall be determined by the Branch Committee of Management in accordance with Branch needs in accordance with the following:
At least three 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 Division Section shall be no less than 5 and no more than 24, except in the case of Branches with less than 1,000 members in the Technical Divisional Section where the number shall be no less than 2; and
(ii) the number of Committee Members elected by and from members of the Branch allocated to the Operator Divisional Section shall be no less than 3 and no more than 10, except in the case of Branches with less than 250 members in the Operator Divisional Section where the number shall be no less than 1.
(i) Notwithstanding sub-rules (f) and (g) above, as at the date of the certification of this sub-rule, the office of 1 Branch Assistant Secretary elected by the Branch financial membership of the Operator Divisional Section for the Victorian T & S Branch shall be abolished and thereafter the remaining 1 Branch Assistant Secretary for the Victorian T & S Branch shall be elected by the Branch financial membership. For the purposes of the Victorian Branch administration, the remaining 1 Branch Assistant Secretary shall be declared full-time.
77 - DUTIES AND POWERS OF BRANCH COMMITTEE OF MANAGEMENT
(a) The duties of the Branch Committee of Management shall be to take such steps as may be necessary to carry out the Rules and objects of the Union, the resolutions of the National Council, National Executive, Divisional Conference and the instructions of the Divisional Executive and Branch General Meetings, at which no less than five per cent of the members of the Branch are in attendance. The Branch Committee of Management shall be the governing body of the Branch at all other times, and shall act on its behalf in all matters, and shall manage and control the funds of the Branch, provided that a loan, grant or donation of an amount exceeding $1,000 shall not be made by the Branch, unless the Branch Committee of Management has:
(i) satisfied itself that the making of the loan, grant or donation would be in accordance with the rules of the Union;
(ii) in relation to a loan - has satisfied itself, that in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and
(iii) approved the making of the loan, grant or donation.
(b) The Branch Committee of Management shall have full authority to conduct and determine the notified business of a Branch General Meeting which has lapsed for want of a quorum.
(a) Branch Committee of Management shall have power to form Sub-Branches at any centre within a Branch for the purposes of assisting in the work of the Branch.
(b) The Committee of a Sub-Branch, where formed, shall consist of a President, Secretary and six other members, three who shall be from the Lines & General Divisional Section and three who shall be from the Postal Divisional Section 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 Divisional Sections.
(b) The number of members of any Committee established under this Rule shall be determined by the Branch Committee of Management.
(c) Committees established under this Rule shall be under the complete control and direction of the Branch Committee of Management, who may disband or reorganise such Committees at any time.
(d) Appointment of members to Committees established under the provisions of this Rule, shall be made in such manner as may be determined by the Branch Committee of Management from time to time.
(e) The Branch Committee of Management shall have power to draw up a constitution for the guidance and control of the said Committees.
(f) No Committee shall have power to hold an aggregate meeting of members but may recommend to the Branch Committee of Management that such a meeting be held.
(a) Branches may take the opinion of members upon any question or questions within the jurisdiction of the Branch by submitting the same to a plebiscite, to be conducted as far as practicable in the manner as prescribed in Rule 35. The Branch Committee of Management shall give effect to the decision of the members recorded by plebiscite within a period of not more than one month from the date on which the result shall have been declared by the Branch Returning Officer.
(b) The taking of a Branch plebiscite may be ordered by requisition signed by not less than 10 per cent of the financial members within the Branch or, where it is lawful to do so, by the Divisional Executive or Conference, provided that any proposal submitted to a General Meeting for the taking of a plebiscite shall be notified at least 14 days prior to the date fixed for the holding of the meeting at which the proposal is to be discussed.
(c) Where in the manner provided by this Rule the taking of a plebiscite has been ordered or requisitioned for, the Branch Returning Officer shall forthwith proceed to take the plebiscite.
(a) Except where otherwise provided in these rules, matters within the authority of the Branch which have been submitted to members by Branch plebiscite, the highest authority of the Branch shall be by the decision of members resulting from such plebiscite. In all other cases the Branch Committee of Management shall be the highest authority of the Branch, excepting where General Meetings, at which at least three per cent of the membership are present. In such cases the General Meeting shall have authority to overrule or direct the Branch Committee of Management.
(b) No action shall be taken by any Branch on any matter affecting members outside the territorial area of the Branch without the authority of the Divisional Executive.
83 - BRANCH GENERAL MEETINGS - ORDINARY, ANNUAL AND SPECIAL
(a) Ordinary Branch General Meetings shall be held once each quarter or more frequently if decided by the Branch Committee of Management.
(b) The Ordinary Branch General Meeting held in the third quarter of each calendar year shall be deemed for the purposes of these Rules to be the Annual Branch General Meeting.
(c) The Divisional Conference, Divisional Executive or Branch Committee of Management shall have the power to call a Special Branch General Meeting at any time.
(d) The business for discussion at a Special Branch General Meeting must be expressly stated in the notice relating to the meeting, and no discussion shall be allowed on any business which is not expressly stated in the notice.
(e) All Branch General Meetings shall close three hours after the advertised time of commencement or at 10:00pm, whichever is the earlier, and no business shall be discussed by the meeting after that hour.
(f) An attendance book shall be provided at all Branch General Meetings, which shall be signed by members in attendance and countersigned by the Chair at the end of the signatures appearing therein. Any member failing to sign the attendance book shall not be credited with attendance at the meeting, and where objection is raised at the time shall not be permitted to participate in the business before the meeting.
(g) Admittance to Branch General Meetings shall be by show of current financial membership ticket or other proof of financial membership at the entrance door at the meeting room.
84 - EXTRAORDINARY BRANCH GENERAL MEETINGS
(a) Upon the receipt of a requisition signed by not less than one hundred (100) or five per cent (5%) of financial members of a Branch which ever is the lower (with the exception of the Tasmanian Branch, in which Branch the requisition must be signed by not less than fifty (50) or five per cent (5%) of financial members 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, with the exception of the Tasmanian Branch in which Branch fifty (50) financial members shall constitute a quorum. If the required members be not present thirty minutes after the advertised time of commencement, the meeting shall lapse.
(a) Branch Committee of Management Meetings and Branch General Meetings shall be held at such time and place as shall be determined by resolution of the Branch Committee of Management, subject to the provisions of Rules 83 and 84. Such meetings shall be notified at least seven days before being held, provided that the Branch Committee of Management may, in the event of pressing necessity arising, cause notice of any intended meeting to be affixed in some conspicuous place at least twenty-four hours before the time of such meetings.
(b) Meetings of Branch Committee of Management and Branch Executive may be held by telephone conference call provided that voting at the meetings shall be confirmed by letter, electronic mail or facsimile machine. The minutes of any meeting where a vote has been taken by letter, electronic mail, facsimile machine or telephone shall be forwarded to each Branch Committee of Management Member.
(c) During the intervening period between meetings of the Branch Committee of Management any matters of an urgent nature may be decided by a telephonic, facsimile machine, electronic mail or postal ballot of Branch Committee of Management Members. The result of such ballot shall be notified to Branch Committee of Management Members within 14 days of the date set for the closing of the ballot.
(d) Where facilities for a telephone conference call for a Branch Committee of Management meetng have been provided and where Branch General Meetings immediately follow these meetings, the facilities may be used by Branch Committee of management members to participate at such meetings, provided the voting is confirmed by letter, electronic mail or facsimile machine.
(e) Where the Branch President and Branch Secretary consider it necessary, they may alter the date of an Ordinary Branch General Meeting or of a meeting of the Branch Committee of Management.
(f) Where a date of a meeting is altered under sub-rule (e), notice of the altered date of the meeting shall be given in accordance with Rule 85(a).
(a) At all Branch General Meetings other than Extraordinary Branch General Meetings, wherever held, where membership of a Branch is under 1000, five members; 2000, ten members; over 2000, fifteen members;
(b) At all General Meetings of members of the Branch in a Divisional Section, wherever held, where membership of a Branch in a Divisional Section is under 1000, five members; 2000, ten members; over 2000; fifteen 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.
This Rule shall not apply to any plebiscite decision of members recorded in accordance with Rule 82, which may involve the striking of a levy, and which shall be given effect to by the Branch Committee of Management within a period of one month from the date on which the result is declared by the Branch Returning Officer. Whenever authorised by a General Meeting of members the Branch Committee of Management shall have power to impose a levy not exceeding two dollars ($2) upon the members of that Branch, provided that any proposal to strike a levy shall be notified at least fourteen days prior to the date fixed for the holding of the meeting at which the proposal is to be discussed.
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