(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.
SECTION 5 - TELECOMMUNICATIONS OFFICERS ASSOCIATION BRANCH-FURTHER PROVISIONS
The provisions of Rule 105 to 118 shall apply to the Telecommunications Officers Association Branch constituted under Rule 45 to the extent that these provisions are not inconsistent with the provisions of Rules 45 to 75. In Section 5 where the term Branch is used this is a reference to the Telecommunications Officers Association Branch of the Union.
(a) Subject to the Constitution and Rules of the Union or a decision of members obtained at a Branch Meeting or by ballot, the Branch shall be managed by a Branch Committee of Management. All policy decisions of Branch Committee of Management shall be notified to members.
(b) Branch Committee of Management shall consist of a Branch President, 2 Branch Vice Presidents, a Branch Secretary, who shall be called the Branch Officers, together with such number of financial members as have been elected as Branch Committee of Management Members in accordance with sub-rule (e) of this rule.
(c) The Branch Executive which shall consist of the Branch Officers as defined in sub-rule (b) 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 exercise the powers of the branch Committee of Management set out in Rules 107 (b), (c), (d), (f), (l) and (p).
(d) 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 one Divisional Executive Member, one Divisional Conference Member, one Alternate Divisional Executive Member and one Alternate Divisional Conference Member.
(e) For the purposes of Branch administration the number of elected Branch Committee of Management Members shall be determined by the Branch Committee of Management in accordance with Branch needs in accordance with 107 (q).
(f) All TOA Branch Officers shall be honorary officers and shall hold office for two years from 1 August in the year of their election.
107 - BRANCH COMMITTEE OF MANAGEMENT POWERS AND DUTIES
The Branch Committee of Management subject to the Rules of the Union shall have power - (a) To lay down and direct the policy of the branch in matters affecting the interests of members.
(b) Subject to Rule 37 to initiate, manage and control any action, proceeding and submission in respect of any industrial dispute within the Branch.
(c) Subject to sub-rule (d), to incur all expenses necessary for the proper upkeep and business of the Branch and to pay all accounts so incurred.
(d) To advance generally the objects of the Union in the Branch and to that purpose to vote and
expend such monies as the Committee of Management may deem necessary, 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.
(e) To collect all levies, fines, fees, subscriptions and dues payable by members.
(f) To receive, consider and determine any matter or report arising under these Rules which has been submitted to the Committee of Management by Branch members.
(g) To establish Sub-Branches or Section Councils and settle any disputes that may arise between them.
(h) In accordance with Rule 43 investigate and decide any charges against members.
(i) In accordance with rule 43 shall have power to suspend a Branch Officer including an Executive Officer.
(j) Determine the procedure for the conduct of a plebiscite called for under Rule 110A.
(k) To fill vacancies in accordance with Rule 70.
(l) To submit a report of matters of general interest dealt with by the Committee of Management to General Meetings of members.
(m) To conduct the notified business of a Branch General Meeting which has lapsed for want of a quorum other than a Special General Meeting of the Branch held in accordance with Rule 113.
(n) To determine, vote and expend an amount up to a maximum of $1,000 per donation, as a donation to the Branch of the Political Organisation with which the Union is affiliated, for the purposes of State Government elections. Any such decision to be notified to the members and ratified at a Branch General Meeting.
(o) To decide, when one Divisional Conference Member from the Branch has been granted leave of absence pursuant to Rule 6(e) which Alternate Divisional Conference Member shall replace him/her.
(p) Direct Officers of the Branch.
(q) At least one month prior to the closing of nominations, determine the number of Branch Committee of Management Members provided that the number of Committee Members elected by and from members of the Branch shall be no less than 3 and no more than 6.
General Meetings of members of a Branch duly convened shall be recognised as the highest Branch
authority and shall have power to ;
(i) control the affairs of the Branch subject to the Rules of the Union, decisions of the National
Council, Conference and Divisional Executive and decisions of members of the Branch obtained
by ballot;
(ii) decide by majority vote any question affecting the Branch arising within the Rules;
(iii) impose a levy on members to finance expenditure on a matter within the Rules, provided a
complete financial statement is submitted to the meeting;
(iv) decide by a majority vote to take a ballot of the whole of the members of the Branch.
(a) General Meetings or Special General Meetings of members of a Branch may be convened by Divisional Conference or Divisional Executive in accordance with these Rules.
(b) The time and place of a General Meeting of members of a Branch shall be determined by the Branch provided that it is held not less than 14 days after receipt of notification of the decision and not more than 42 days after receipt of notification of the decision.
(c) The time for Special General Meetings of members of a Branch shall be the time determined by Divisional Conference or Divisional Executive and the place of the meeting shall be determined by the Branch Secretary.
(d) The Branch President or a Branch Vice President in the absence of the Branch President shall preside at General Meetings or Special General Meetings of a Branch.
110 - PROCEDURE AND VOTING BRANCH MEMBERS BALLOT
(a) Where a General Meeting or Special General Meeting of members of the Branch decides under
Rule 108 to take a ballot of the members of the Branch the meeting shall determine the form of
question at the ballot to be conducted in accordance with this Rule, and shall;
(i) determine the form of the ballot paper;
(ii) determine the opening and closing dates of the ballot;
(b) On the opening of the ballot, the Branch Returning Officer shall forward, by pre-paid post to each member eligible to vote, a ballot paper, a copy of any directions to voters by the Branch Returning Officer and an envelope addressed to the Branch Returning Officer at his/her private post box for the purpose of the conduct of the ballot which may be posted to him/her at that address at no cost to the voter.
(c) Forthwith after the closing date of the ballot the Branch Returning Officer shall ;
(i) count the number of votes cast at the ballot;
(ii) record in a statement in writing the number of votes for the proposal, the number of votes
against the proposal, the number of votes cast and the number of ballot papers distributed
to votes; and
(iii) ascertain, in accordance with sub-rule (d), the result of the ballot and declare, at the next
General Meeting of the Branch, the result of the ballot, specifying the matters referred to
in sub-paragraph (ii).
(d) A ballot under this Rule shall be determined by a simple majority of members voting at the ballot.
110A - REQUEST BY MEMBERS FOR A PLEBISCITE
A plebiscite of financial members of the Branch may be held at any time following the presentation of a petition signed by 100 financial members or five percent of the financial members of the Branch whichever is the lesser. The procedure for the conduct of the ballot shall be determined by the Branch Committee of Management.
111 - ANNUAL GENERAL MEETING OF BRANCHES
Annual General Meetings of members of each Branch shall be held during July of each year and at such place as may be determined by the Branch Committee of Management.
112 - EXTRAORDINARY GENERAL MEETING
Upon receipt of a requisition signed by one hundred or five per cent of the financial members of the Branch, whichever is the lower, the Branch Secretary shall call an Extraordinary General Meeting. Upon default of the Branch Secretary or President to call such meeting within seven days after receipt of such requisition, the members signing such requisition may themselves call a meeting, and such meeting shall have power to act as if convened in the usual way. Each member signing a requisition for an Extraordinary Meeting shall deposit the sum of $1.00 with the Branch Secretary, which shall be forfeited in the event of his/her non-attendance at the meeting without written apology deemed to be satisfactory to the meeting.
113 - SPECIAL GENERAL MEETINGS
(a) Special General Meetings of Branches may be convened by Divisional Conference or Divisional Executive, the Branch President, the Branch Secretary or by Branch Committee of Management.
(b) Special General Meetings shall be held;
(i) on the date determined by Divisional Conference or Divisional Executive at a place
determined by the Branch Secretary; or
(ii) at a time and place determined by the person or body convening the meeting in accordance
with sub-rule (a).
(a) All General Meetings of a Branch shall be held at such time and place as shall be determined by resolution of the Branch. All Branch Committee of Management Meetings shall be held at such time and place as shall be determined by resolution of the Branch Committee of Management. Such meetings shall be notified at least seven days before being held. 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. All Branch Executive Meetings shall be held at such time and place as shall be determined by the Branch President and/or Secretary.
(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, telegram, telex or facsimile machine. The minutes of any meeting where a vote has been taken by letter, electronic mail, telegram, telex facsimile or telephone shall be forwarded to each Branch Committee of Management Member or Branch Executive Member as appropriate.
115 - OFFICERS' ATTENDANCE AT MEETINGS
Any Officer who is absent from any meeting without having previously notified the President of any such intended absence, shall be considered to have committed a neglect of duty. No Officer shall leave a meeting without the consent of the meeting and any Officer or Branch Committee of Management Member absenting himself/herself without satisfactory written apology from three consecutive meetings may be deemed to have been guilty of gross neglect of duty.
116 - ALTERATION OF MEETING DATE
(a) Where the Branch President and Branch Secretary and not less than two other Branch Officers consider it necessary, they may alter the date of a General Meeting of the Branch or of a meeting of the Branch Committee of Management.
(b) Where a date of a meeting is altered under sub-rule (a), notice of the altered date of the meeting shall be given in accordance with Rule 109 (b)
(a) At the General Meetings, wherever held 10 members shall form a quorum.
(b) At Branch Committee of Management Meetings a quorum shall not be present unless a majority of the Committee Members are present.
(c) At Branch Executive Meetings a quorum shall not be present unless a majority of Branch Executive Members are present.
(d) If no quorum is present half an hour after the advertised time of the meeting, the meeting lapses.
(a) Voting at all General Meetings shall be by a show of hands, unless a division or a ballot is requested in accordance with standing orders.
(b) Any proposals of a financial member in the country shall be treated as a motion, and be dealt with in a General Meeting.
SECTION 3 - STANDING ORDERS OF DEBATE
90 - 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 onethird 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.
Subject to the Workplace Relations Act 1996 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.
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