(a) In accordance with Divisional Conference determinations, the rate of membership contributions shall be as set out in sub-rules (b), (c) and (d).
(b) Categories of subscriptions for members of Postal and Telecommunications Branches shall be as
follows:
The rate of membership contributions for all members covered by this sub-rule shall be set out in
(A) and (B) of this sub-rule and shall be payable in advance either monthly, quarterly, half yearly
or yearly as the Branch may determine, weekly or fortnightly or monthly when the member has
signed an authority for either the employer to deduct the dues from his/her salary or a financial
institution to transfer funds via a Direct Deposit or other transfer of funds as determined by the
Branch from the member's account to the Union and the authority is still effective. Provided
further that, following necessary investigation, the Branch Committee of Management shall have
the power, upon application, to waive for a predetermined period the payment of contributins by a
member who may be on leave on reduced pay. Contributions shall be taken to include a member's
journal subscription.
(A)
(1) The basic rate of contribution for members employed by Telstra Corporation, or
its subsidiaries, related companies or sucessors or pursuant to sub Rule 47(a)(iii)
shall be 0.25% of the adult rate for the Band 1 (Communications Technician) level
of the Customer Field Workforce.
(2) Contributions for members employed more than twenty-five (25) hours per week
shall be set at four times the basic contribution rate specified in (A) (1) of this subrule;
contributions for members employed from fifteen (15) to twenty-five (25)
hours per week shall be set at twice the basic contribution rate specified in (A) (1)
of this sub-rule; contributions for members employed less than fifteen (15) hours
per week shall be set at the basic contribution rate specified in (A) (1) of this subrule.
(3) Contributions for all members receiving less than the adult minimum rate for their
job classification, other than as specified in (A) (2) of this sub-rule shall be set at
twice the basic contribution rate.
(B)
(1) The basic rate of contribution for members employed by the Australia Post
Corporation, or its subsidiaries, related companies or successors or pursuant to
Rule 47(a)(i) shall be 0.25% of the adult rate for the Mail Officer designation on
the maximum increment.
(2) Contributions for members employed more than twenty-five (25) hours per week
shall be set at four times the basic contribution rate specified in (B) (1) of this subrule;
contributions for members employed from fifteen (15) hours to twenty-five
hours per week shall be set at twice the basic contribution rate specified in (B) (1)
of this sub-rule; contributions for members employed for less than fifteen (15)
hours per week shall be set at the basic contribution rate specified in (B) (1) of
this sub-rule.
(3) Contributions for all members receiving less than the adult minimum rate for their
job classification, other than as specified in (B) (2) of this sub-rule shall be set at
twice the basic contribution rate.
Any member who allows his/her contributions, fines or levies to remain unpaid at the end of the quarter for which they are due may be fined by the Branch Committee of Management a sum not exceeding ten dollars ($10). All arrears of contributions, levies, fines or other dues may be sued for and recovered in the name of the Divisional Secretary or Branch Secretary upon giving the member concerned fourteen (14) days written notice in which to become financial.
All costs incurred for the recovery of arrears shall be debited as arrears. Notwithstanding the foregoing provisions of this sub-rule and sub-rule (i), P&T Branches are authoirised to give up to a ten per cent (10%) discount on contributions where financial members pay such contributions twelve (12) months in advance at the dues rate prevailing at that time.
(c) Categories of subscriptions for members of Telecommunications and Services Branches shall be as
follows:
Category A Members employed for more than twenty-five (25) hours per week whose normal
salary equals or exceeds the Company Rate for a Telstra Customer Field
Workforce Communications Technician Band 7.
Category B Members employed for more than twenty-five (25) hours per week whose normal
salary equals or exceeds the Company Rate for a Telstra Customer Field
Workforce Communications Technician Band 4 but is less than the Company Rate
for a Telstra Customer Field Workforce Communications Technician Band 7.
Category C Members employed for more than twenty-five (25) hours per week whose normal
salary equals or exceeds the Company Rate for a Telstra Customer Field
Workforce Communications Technician Band 1 but is less than the Company Rate
for a Telstra Customer Field Workforce Communications Technician Band 4.
Category D Members whose normal salary is less than the normal salary (Company Rate) for a
Telstra Customer Field Workforce Communications Technician Band 1 and
members employed twenty-five (25) hours or less per week.
Notwithstanding the foregoing provisions of this sub-rule and sub-rule(i), T & S Branches are authorised
to give up to a ten per cent (10%) discount on contributions where financial members pay such
contributions twelve (12) months in advance of the dues rate prevailing at the time.
The Contribution rate applicable to each category shall be as follows:
Category A 5.5 Times the Unit Contribution rate.
Category B 5 Times the Unit Contribution rate.
Category C 4 Times the Unit Contribution rate.
Category D 2 Times the Unit Contribution rate.
The Unit Contribution rate shall be 0.25% of the Company Rate for a Telstra Customer Field Workforce
Communications Technician Band 1.
(d) The assessment of salaries for the purpose of determining subscriptions in accordance with this
sub-rule shall be undertaken at the commencement of each quarter and be based on salaries
payable to members on the last day of the previous quarter.
New subscriptions determined in accordance with this sub-rule shall take effect:-
(i) in the case of members who have paid membership subscriptions monthly, quarterly, six
monthly or annually in advance - on and from the first day of the quarter following the
expiration of the period in relation to which the payment is made in advance; or
(ii) in respect of all other members - on and from the 1st day of the quarter after the quarter in
which the assessment was undertaken.
The amounts calculated above shall be adjusted to the nearest amount capable of equal weekly or
fortnightly deductions. In calculating the amounts of new subscriptions the amounts will be
rounded up to the nearest five (5) cents.
(e) Notwithstanding the provisions of this Rule, the Divisional Executive may authorise, solely for the purpose of promoting recruitment, a lesser rate of contributions in a new recruitment area for a period not exceeding twelve (12) months.
(f) Nothing in this rule shall be taken to require a person elected as a Life Member to pay subscriptions to the Union.
(g) The Divisional Secretary shall advise all relevant employers and Branches of any variation to the rate of contributions by the end of the first month of the quarter on which the variation is assessed.
(h) Membership contributions shall be paid by:
(i) authorised deductions from salary;
(ii) periodic payment of dues from a bank, credit union or similar institution; or
(iii) monthly, quarterly, six monthly or annual subscriptions in advance. For the pruposes of
this sub-rule quarterly subscriptions shall be payable before 1st April, 1st July, 1st October
and 1st January in each year; six monthly subscriptions shall be payable before 1st April
and 1st October in each year; and annual subscriptions shall be payable before 1st April in
each year.
(i) Subject to the rules, a member is financial if:-
(1) At the date on which deduction of the member's dues from salary commences or the date
from which a member authorises the commencement of payment of dues by periodic
payment from an account with a bank, credit union or similar institution, the member has
paid all monies owing on a pro rata basis to that time, and
(2) After the commencement of the deduction of dues from salary or the payment of dues by
periodic payment from a bank, credit union or similar institution the member pays all
outstanding monies calculated on a pro rata basis owing at the time of the commencement
of such deduction or payment and continues to have dues so deducted or paid.
(3) The member, not being a member who has authorised deductions of membership
subscriptions from the member's salary or authorised in periodic payment subscriptions
from a bank, credit union or similar institution, has paid monthly, quarterly, six monthly or
annual subscriptions within 30 days of the due date.
(4) In the event of deductions of union dues from salary being discontinued by a deducting
authority, a member who at the time of deduction of dues being discontinued was on
payroll deductions and was financial shall be financial for a period of thirty days following
the date of cessation.
A person who joined the Union at a time other than at the date of commencment of the
financial year shall pay at the time specified in this sub-rule, a subscription on a pro-rata
basis for the unexpired portion of the year.
(j) Members contributions and contributions from Branches to Divisional Conference shall be as determined, from time to time, by Divisional Conference.
(k) Any monies due under the rules of the Union may be sued for by the Divisional Secretary or Branch Secretary as his/her agent.
(l) All levies and fines (whether struck by the Union under the Rules or imposed bu a financial institution on default of direct debit) shall be the first charge on all monies received from members.
(m) Any member becoming unfinancial may be deprived of all the privileges of membership.
(n) Members who are on leave without pay may, on a resolution of Branch Committee of Managment, have their membership dues suspended for the period of leave without pay. Members whose dues are so suspended shall be entitled to the rights of financial members.
(o) Members on military service for a continuous period exceeding two months shall be exempt from payment of contributions during the period of military service.
34A - CONTRIBUTIONS - ASSOCIATE MEMBERS
The contribution rate for Associate Members shall be $50 per annum and payable in advance. This rate may be varied from time to time by Divisional Conference.
(a) The contributions of each member shall be determined from time to time by the Branch Committee of Management.
(b) All members able to pay contributions by salary deduction authority, may do so. Should a member cancel or cease salary deductions they shall, after one month be deemed an unfinancial member.
(c) Members who pay contributions other than by salary deductions authority shall pay same in advance. Any member failing to make the payment within one month of their subscription falling due, shall be deemed an unfinancial member. Such contributions shall become due and payable on the first of January and the first of July each year.
(d) No increase in contributions of the Branch shall become effective until all members of such Branch have had 28 days notice in writing of the decision of the Divisional Council.
(e) A member shall be deemed unfinancial until such time as all outstanding contributions have been paid.
(f) Members may be exempted by the Branch Committee of Management from payment of any money due and/or accruing due to the Association.
(a) Conference or the Divisional Executive, when either body deems fit or upon a request made as provided in paragraph (c) of this sub-rule, shall take the opinion of the whole of the financial membership or any defined section of the membership, upon any question, or questions, by submitting same to a plebiscite to be taken within three months of the receipt of the requisite decision or request.
(b) A question submitted to members by plebiscite shall be expressed as to be a question of general policy or a question of a decision as to an action which it is within the power of the Divisional Executive or Conference to take.
(c) A request for a plebiscite shall:
(i) be made in writing by not less than six Branches, following decisions made in accordance
with the relevant rules, or by signed petition of not less than ten percent (10%) of the
financial members of the Division or of the Divisional Section concerned;
(ii) set out the question for the plebiscite;
(iii) be addressed to the Divisional Secretary and be delivered to the Head Office of the
Division;
(iv) where made by petition of financial members, bear on its face the question to be put and
the name in block letters and the place of work of the member signing.
(d) The Divisional Returning Officer shall conduct all plebiscite ballots and for that purpose may appoint such Deputy Returning Officers and, subject to these Rules, issue such directions and instructions as he/she deems fit for the conduct and control of the ballot.
(e) The plebiscite shall be conducted by secret postal ballot.
(f) All members of the Division or the defined section of the Division who are financial as at the date of the opening of the plebiscite ballot, shall have the right to vote in that plebiscite and the Divisional Secretary shall, upon request of the Divisional Returning Officer, supply him/her with a certified list of the names and addresses of all financial members.
(g) The Divisional Secretary and Branch Secretaries shall allow the Returning Officer access to whatever membership records the Returning Officer may consider necessary to examine to verify the certified list and to settle the roll of voters.
(h) The Divisional Executive shall appoint such persons and such numbers of scrutineers (and the Returning Officer shall allow such access to his/her decisions and arrangements) as will fairly allow representatives of both sides of an issue in the plebiscite opportunity to scrutinise the process of the plebiscite including the counting of a ballot.
(i) The Divisional Executive shall determine the form of the ballot paper, adopting the text of any question submitted in a request in accordance with paragraph (b) of this Rule. The Executive shall approve for issue to each financial member with the ballot paper, a fair summary of the arguments for and against the proposals in issue in the plebiscite question and for this purpose the Secretary, after consultation with parties in contention, shall submit to the Divisional Executive a draft of such summary.
(j) The Divisional Returning Officer shall cause to be posted to each member entitled to vote in the plebiscite a ballot paper, which shall be initialled by the Returning Officer together with replied paid addressed envelope, the summary approved by the Divisional Executive and such directions and instructions as he/she may deem necessary for the conduct of the plebiscite.
(k) Unless the Divisional Returning Officer otherwise determines and directs, the closing date for the ballot shall be twenty eight days after the date determined by the Returning Officer as the date of dispatch of the plebiscite papers to the members.
(l) After the close of the ballot, the Divisional Returning Officer shall ascertain the result and report the result of the plebiscite to the Divisional Secretary together with the full report of the whole proceedings. The Divisional Secretary shall communicate the final result of the ballot as a whole to each Branch with as little delay as possible.
(m) If the question submitted to a plebiscite is carried in the affirmative such action shall be immediately taken by the Divisional Conference or Executive as is necessary to give effect to such decision.
36.1 The Rank and File Participation and ratification processes provided for under this rule are in addition to the provisions of these Rules regarding Branch General, Special and Extraordinary Meetings. The provisions of this Rule, to the extent of any inconsistency, shall prevail. However, the provisions of Rule 35, where they are invoked, override Rule 36.
36.2 Decisions of Divisional Executive and/or Conference which propose:
36.2.1 New Rules or amendments to existing Rules, where due notice has not been given
pursuant to sub-rule 9(d) or as a consequence of an out of session decision pursuant to
Rule 10; or
36.2.2 Acceptance of major Agreements affecting members; except that the Divisional
Executive and/or Conference may exempt from the ratification process in this rule,
agreements made pursuant to Division 2 or 3 of Part VI B of the Workplace Relations
Act 1996 or any legislation replacing Part VI B of the Workplace Relations Act 1996
where Divisional Executive and/or Divisional Conference is of the view that the voting
procedures used in complying with the Workplace Relations Act 1996 or any Act
replacing that Act, are sufficient to indicate the intent of the majority of members
concerned or
36.2.3 Other matters, as determined by Divisional Conference or Divisional Executive;
shall be subject to ratification by one of the processes provided for in this Rule, except where
Divisional Conference or Executive subjects such a decision to a plebiscite of members.
36.3 Where Divisional Conference or Executive makes a decision covered by sub-rule 36.2, it shall also
decide the most appropriate form of ratification process to be followed, limited to the following
alternatives:
36.3.1 The normal ratification process provided for in sub-rule 36.4;
36.3.2 The urgent ratification process provided for in sub-rule 36.5;
36.3.3 The consultative survey process provided for in sub-rule 36.6;
36.3.4 The Special Members' Meetings process provided for in sub-rule 36.7; or
36.3.5 A plebiscite conducted in accordance with Rule 35.
36.4 The normal ratification process is designed to follow regular face to face meetings of Divisional
Conference or Executive, and non-urgent out-of-session decisions taken on telephone hook-ups or
under Rule 10 and sub-rules 15(e) and (h) and shall comprise the following steps:
36.4.1 Within fourteen days of the close of each regular physical meeting of Divisional
Conference or Divisional Executive, the Divisional Secretary shall advise members of
relevant decisions taken at that meeting; this advice will also contain notice of all
relevant decisions of Divisional Conference or Divisional Executive (as appropriate)
taken by out-of-session decision, either by telephone hook-up or under Rule 10 and subrules
15(e) and (h) since the last such advice was sent to members it will also comply
with sub-rule 36.8 by containing results of ratification processes.
36.4.2 Each Branch Secretary will ensure that ratifiable decisions of Divisional Executive or
Divisional Conference advised under sub-rule 36.4.1 are appropriately advertised on
the notice paper, under the heading "Divisional Conference or Executive Decision for
Ratification", advising of the next regular meeting of the Branch.
36.4.3 For the purposes of this Rule, the "next regular meeting of the Branch" will be the next
Branch Committee of Management meeting scheduled, and or the next General Meeting
of the Branch to be notified, provided that thenext such regular meeting is due within 28
days of the Divisional Secretary's advice under sub-rule 36.4.1.
36.4.4 Following the meeting held in accordance with sub-rule 36.4.3, the Branch Secretary
shall advise the Divisional Secretary of the Branch decision to either ratify or reject the
proposal, and the Branch vote will be recorded in the affirmative or the negative
respectively; with final ratification subject to meeting the tests of Rule 16.
36.4.5 In the event that the meeting, at which ratification of a Divisional Conference or
Divisional Executive decision is to be considered, lapses for want of a quorum, the
Branch Secretary shall advise the Divisional Secretary and the Branch vote will be
recorded in the affirmative.
36.4.6 The Divisional Secretary will advise Branches and/or members as appropriate, of the
results of the ratification process.
36.5 The urgent ratification process may be invoked by Divisional Conference or Divisional Executive
in circumstances where the union needs to resolve its position much quicker than the normal
ratification process allows; and may be applied to Divisional Executive or Divisional Conference
decisions taken at physical meetings, telephone hook-ups or Rule 10 or sub-rules 15(e) and (h)
processes; and will comprise the following steps:
36.5.1 Within two days of the decision being taken by Divisional Executive or Divisional
Conference and having been deemed urgently ratifiable, the Divisional Secretary will
advise Branches of the decision, and the date by which it must be ratified, and, if
necessary, by whom it is to be ratified;
36.5.2 Should a Branch have members affected by the urgently ratifiable decision, the Branch
Secretary will notify such members of the decision and the ratification date and the
details of the meeting called to consider ratification;
36.5.3 The urgent ratification meetings(s) will be held within the period set by Divisional
Conference or Divisional Executive and the result advised to the Divisional Secretary
immediately the Branch position is clear;
36.5.4 The Divisional Secretary will advise Branches of the outcome of the ratification process
once the Divisional result has been tallied.
36.6 The consultative survey ratification process is designed for circumstances where it is deemed more
appropriate for members affected by a proposal to directly consider its ratification, than to refer to
Branch Committees of Management or to Special Meetings of Members, and shall comprise the
following steps;
36.6.1 Once the Divisional Executive or Divisional Conference has deemed that a decision is
ratifiable by members (or a relevant section thereof) via a Consultative Survey, it shall
also decide the relevant dates for conducting the survey and the methods used in
conducting the survey including the form of the ballot paper and the supporting
material; and the Divisional Secretary will advise the Branch accordingly;
36.6.2 Branch Secretaries, as appropriate, will ensure that the consultative survey is conducted
within the time frame and the methods determined in sub-rule 36.6.1; and upon notified
closure and counting of the survey, convey the result to the Divisional Secretary;
36.6.3 The Divisional Secretary will tally the Divisional result and will advise Branches if the
decision has been ratified or otherwise, where ratification requires an overall majority
of votes cast.
36.7 The Special Members' Meeting ratification process is designed for circumstances where it is
deemed appropriate by Divisional Executive or Divisional Conference to submit a matter directly
to the appropriate group of members for ratification or otherwise and shall comprise the following
steps:
36.7.1 Where the Divisional Conference or Divisional Executive decides that a matter should
be subject to ratification by Special Meetings of affected members, it shall also decide
which groups of members are affected and therefore eligible to vote on ratification, and
the relevant dates by which the Special Meetings must be held and results returned to
the Divisional Secretary; and the Divisional Secretary shall advise Branches
accordingly;
36.7.2 Branch Secretaries, who have members eligible to consider the ratification proposal,
shall make arrangements to hold the meetings(s) in the time frame established in sub-
rule 36.7.1; and upon conclusion of the meeting(s) convey the Branch vote to the
Divisional Secretary;
36.7.3 The Divisional Secretary will tally the Divisional Result and will advise Branches if the
decision has been ratified or otherwise, where ratification requires either (in the case
where a specific sub-group of members is affected) an overall majority of votes cast
being cast in favour when tallied Divisionally, or (in cases where members of more than
one Divisional Group are involved) that the voting tests in Rule 17 have been met;
provided that where a Special Meeting called under sub-rule 36.7.2 lapses for want of a
quorum, the Branch votes will be recorded in the affirmative.
36.8 Where a decision of Divisional Executive or Divisional Conference has been subject to ratification processes under this Rule or Rule 35, the Divisional Secretary and Divisional President will ensure that the method and results of ratification are published in the advice to members issued in accordance with sub-rule 36.4.1.
In furtherance of the lawful objects of the Union, industrial action may be taken as follows:
(a) upon the approval of the Divisional Conference or Divisional Executive being carried in accordance with these Rules; or
(b) in emergent circumstances, upon the authorization of the Divisional Secretary after consultation with the Divisional President or, in the absence of the Divisional Secretary, upon the authorization of the Divisional President.
A bargaining period not directly affecting members of another Division, may be instituted on behalf of the Union by the Divisional Secretary, or in the absence of the Divisional Secretary, by the Divisional President.
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