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.
(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 - DIVISIONAL SECTION MEETINGS
(a) The Branch Committee of Management shall have power to call Meetings of members of the Divisional Sections constituted under Rule 46.
(b) The business for discussion at a Divisional 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 members shall constitute a quorum at Divisional Section Meetings.
(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.
(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 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 consisting of a
President, two Vice Presidents, Secretary, Assistant Secretary, full-time Organisers as specified in
this sub-rule and not fewer than six nor more than eighteen Sectional Representatives who shall be
elected for a period of two years. Provided that any person elected to an office which has been a
declared a full-time office shall be elected for a term of office of four years. For the purposes of
Branch administration the following Branch offices shall be declared full-time positions:
New South Wales: Branch President, Branch Secretary, Branch Assistant Secretary, eight (8)
Branch Organisers;
Victoria: Branch President, Branch Secretary, Branch Assistant Secretary, three (3) Organisers;
Queensland: Branch President, Branch Secretary, Branch Assistant Secretary, two (2) Organisers;
South Australia/Northern Territory: Branch Secretary;
Western Australia: Branch Secretary, Branch Assistant Secretary;
Tasmania: Branch Secretary.
(c) The Branch President, Vice President, Secretary, Assistant Secretary and full-time Organisers shall be elected by ballot of the financial members of the Branch.
(d) (i) Sectional Representatives shall be elected from the members comprising the respective
Divisional Sections as provided in Rule 47.
(ii) At least three months prior to the opening of nominations for the Branch elections held
under Rule 69, the Branch Committee of Management shall determine the number of
Branch Committee of Management Members to be elected by and from each Divisional
Section in accordance with this sub-rule.
(iii) The number of positions of Sectional Representatives elected by and from members of the
Branch allocated to each Divisional Section shall be no less than 3 and no more than 9.
(e) 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 minutes after the advertised time of commencement, the meeting shall lapse. Each Branch Committee of Management member shall have a deliberate vote.
(f) 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 14 days of the date set for the closing of the ballot.
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.
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).
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