The name of the Division is the Communication Workers Union Division, known as the Communications Division or the CWU Division.
The Division shall consist of those persons eligible for membership of the union as defined in Rule 2.5 to 2.21 inclusive of Section A to these rules.
The objects for which the Division is established are:
(a) By the provision and distribution of funds and by all other lawful means:
(i) to improve and protect the economic conditions, job security, working conditions, the quality of life and other industrial concerns of members;
(ii) to improve and protect the relations between employees and employer and between employee and employee;
(iii) to promote the general and material welfare of members;
(iv) to pursue and assist kindred organisations by affiliation and other means in upholding the rights and privileges of workers by industrial, political and municipal action and to bring about the socialisation of production, distribution and exchange and the development and protection of effective enterprises;
(v) to provide legal assistance where deemed necessary, in the defence of the rights of members or in pursuance of the aspirations of members;
(vi) to endeavour by political and industrial action to secure social justice, and to establish and maintain journals and other publications containing matters of interest and information for members;
(vii) to achieve the establishment of one amalgamated union covering all workers in the communications industry;
(viii) to promote the policy of equality of status and opportunity for all members;
(ix) to acquire property of all kinds;
(x) to assist and permit branches in establishing incidental funds to assist members or their families when in distressed circumstances;
(xi) to assist in the establishment and/or maintenance of labour newspapers and other media;
(xii) to do all other things necessary for the proper functioning of the Union in accordance with the Rules;
(xiii) to promote and pursue equal opportunities and affirmative action.
(b) Payments made in furtherance of any of the objects shall be deemed to be part of the ordinary expenses of the Union and made in accordance with the provisions of the Industrial Relations Act or any Act replacing it.
In the interpretation of these Rules the following definitions shall be taken as a guide:
(a) "Conference" means the Conference constituted by Rule 5.
(b) "Special Conference" means the Conference constituted by Rule 6.
(c) "Divisional Executive" means the Executive constituted by Rule 11.
(d) "The Act" means the Workplace Relations Act 1996, the Regulations and Rules made thereunder, or any Act, Regulations or Rules replacing or amending such Act, Regulations or Rules.
(e) "Branch" means a Branch of the Division constituted by Rule 44.
(f) "Committee of Management" means the Committee of Management of a Branch constituted by either Rule 75 or 76.
(g) "Division" shall mean the Communications Division.
(h) "Sub-Branch" means a Sub-Branch constituted in accordance with Rule 78.
(i) "Re-election" means the election to an office or position of a person who, at the time of nominations for the election, was the holder of that office or position.
(j) "APTU" means the Australian Postal and Telecommunications Union immediately before the commencing date.
(k) "ATEA/ATPOA" means the Australian Telecommunications Employees' Association/Australian Telephone and Phonogram Operators' Association immediately before the commencing date.
(l) 'TOA' means the Telecommunications Officers Association as at the day prior to the amalgamation date of the union and the Association.
(m) Reference to "these Rules" means section D- Rules of the Communications Division, unless otherwise specified.
(n) `Divisional Councils' shall mean the Postal Divisional Council and the Telecommunications Divisional Council as constituted by Rule 43.
(o) In these Rules references to Divisional President, Divisional Secretary, Divisional Vice President/s, Divisional Assistant Sectretary/ies, Divisional Officers shall mean the Divisional President, Divisional Secretary, Divisional Vice President/s, Divisional Assistant Secretary/ies, Divisional Officers of the Communications Division.
(p) "Head Office" means the Head Office of the Communications Division.
(q) "Optus" means the first licensed carrier as defined in Rule 2.18 of Section A being the Rules of the Union.
(a) There shall be a Divisional Conference, which, except on matters decided by plebiscite of the membership, shall be the supreme governing body of the Division, and which shall be held biennially at a place and on a date to be fixed by the Divisional Executive.
(b) Conference shall be constituted by delegates elected by the several Branches of the Division together with the Divisional Officers as provided by Rule 20.
(c) The Divisional Officers referred to in sub-rule (b) above shall be entitled to move or second and to vote on any proposal.
(d) Representation at the Divisional Conference shall be on the basis of:
(i) one delegate for each 2,000 members or part thereof for each Divisional Section within each Branch; and
(ii) in respect of the TOA Branch - one delegate for each 2,000 members or part thereof. For the purposes of this Rule the number of members for a Divisional Section or Branch shall be the actual number of financial members at the end of the financial year in the year preceding the year of elections.
(e) In and during the unavoidable absence of a delegate from the whole or part of the meeting of Divisional Conference his or her place may be taken by a duly elected Alternate Delegate from the same Branch or Divisional Section and the Alternate Delegate shall then have all the powers, rights and duties conferred by the Rules upon a delegate and shall receive such expenses as he/she would have received had he/she been a delegate. Alternate Delegates shall be elected, (equal in number) to the number of delegates each Divisional Section and the TOA Branch is entitled to under this Rule. If the Alternate Delegates are unavailable then the voting power of the remaining delegates from the same electorate shall be calculated under sub-rule (f), by reducing the "number of delegates representing the same electorate" by one in the mathematical calculation required under that sub-rule.
(f) The voting power of Officers and delegates upon all questions shall be as follows:
(i) For delegates the voting power shall be calculated by reference to the number of financial members represented, divided by one hundred, rounded up to the next whole number, and further divided by the number of delegates representing the same electorate. Where the number of delegates votes calculated, do not divide amongst the number of delegates to produce a whole number for each delegate in an electorate, the votes remaining after equal apportionment to delegates are to be distributed in the manner determined by the Branch Committee of Management in that electorate, or in the absence of such determination, in the manner determined by the majority of delegates representing that electorate.
(ii) For the purposes of determining the number of financial members as set out in sub-rule 5(f)(i) it shall be the number of financial members as at 31st March in each year. In determining the voting power for a Divisional Section or Branch, each Branch Secretary shall forward to the Divisional President, no later than one (1) month after the end of the financial year the number of financial members for a Divisional Section or Branch as at 31st March in that year. The Divisional President will notify the Branch Secretary and Divisional Executive of the voting power of the Divisional Section or Branch. The voting power determined under this sub-rule will apply from 1st June in that same year. Provided that any question which may be in the course of decision by postal voting at the 1st June, the voting power shall be that applying at the time the question was moved.
(iii) The Divisional Officers shall have five votes each. Provided that where a Divisional Officer is also a Branch Delegate the Divisional Officer shall only exercise the voting power he or she has as a Branch Delegate.
(g) A proposal is decided in the affirmative if:
(i) a majority of votes are recorded in favour; and
(ii) at least 40% of the combined votes cast by the Postal and Lines and General-Delegates are in favour; and
(iii) at least 40% of the combined votes cast by the Technical and Operator-Delegates are in favour; and
(iv) at least six Branches record their vote in favour. A Branch is determined to be in favour if more than 50% of the voting power of Branch delegates is cast in favour.
(h) No Branch shall be entitled to be represented at Conference until all monies due under these rules to the Divisional Conference shall have been fully paid up to the end of the quarter last preceding the opening date of Conference. In the case of members contributions to Divisional Conference, a Branch shall be entitled to be so represented if it has complied with the provisions of Rule 47. Each Branch shall supply a membership return and a statement of accounts by a date nominated by the Divisional Executive of which notice shall be given to each Branch by the Divisional Executive. Provided that Divisional Conference, constituted without the members of the Conference from the Branch and/or Divisional Section in default, may decide that in special circumstances the provision of this sub-rule shall not apply subject to any time limit or any other condition specified by Conference so constituted.
(i) The Divisional Executive shall defray all expenses connected with the organisation and holding of the Divisional Conference from the funds of Divisional Conference unless specifically excluded by this sub-rule. Delegates shall be entitled to receive payment from the Divisional Executive for expenses incurred in attending Divisional Conference. The amount to be paid by the Divisional Executive shall be determined by Divisional Conference but shall not include payment for loss of pay incurred by delegates attending Divisional Conference. The Divisional Executive shall pay the transportation costs of delegates attending Divisional Conference. Transportation costs shall be the cost of an economy class return airfare from the delegates home station. Each Branch of the Union shall reimburse delegates representing that Branch at Divisional Conference for any loss of pay incurred in attending Divisional Conference.
(j) The order of business at Divisional Conference shall be:
(i) Hours of Sitting.
(ii) Credentialling of delegates and voting rights.
(iii) Reading and Confirmation of Minutes.
(iv) Divisional Executive and Branch Financial Statements and Union Finances.
(v) Divisional Secretary's Report and Divisional President's Report.
(vi) Divisional Executive Annual Report and Business Arising.
(vii) Branch Reports and Business Arising.
(viii) Agenda Items.
(ix) Fixing of Salaries and Entitlements.
(x) Urgent Late Business.
(k) Conference shall be properly constituted when at least fifty percent of Officers and fifty percent of delegates (including delegates from at least six Branches) are present.
(a) A Special Conference may be called at any time by the Divisional Secretary and Divisional President or by resolution of the Divisional Conference and/or Divisional Executive, or when called for by requisition signed by Delegates to Divisional Conference representing a majority of votes eligible to be cast in five Branches or signed by at least six Branch Secretaries. Where the Conference is called for by such Delegates or Branch Secretaries, the Divisional Secretary shall arrange for the Conference to be held within one month of receipt of the requisition. Seven days notice of the date or dates of the Conference shall be given to each Branch and to the Officers and delegates to the Special Conference.
(b) A Special Conference shall be constituted in the same manner as provided for the Divisional Conference in rule 5 and the Officers and Delegates who constitute the Divisional Conference shall be the Officers and Delegates to constitute the Special Conference.
(c) A Special Conference shall be properly constituted if at least fifty percent of Officers and fifty percent of Delegates (including Delegates from at least six Branches) are present.
(d) Business for consideration of a Special Conference shall be included in the notice to Branches relating to the holding of the Conference, and it shall be competent for the Conference to make new Rules or to rescind or amend any of the existing Rules, regarding which no notice was given until after the dispatch of the notice to Branches relating to the holding of the Conference, further provided that any alteration and/or addition to the Rules as decided upon shall have no force or effect unless and until ratified by Branches after the close of the Conference. Provided further that the question of the admission of any business for consideration under the provisions of this Rule shall be determined by the method of voting prescribed in Rule 6 in relation to questions which have appeared on the business agenda.
(e) At a Special Conference -
(i) the voting power of Officers and Delegates on all questions; and
(ii) the entitlement of Branches and Divisional Sections to be represented at the Special Conference; and
(iii) the expenses of Delegates and all other expenses connected with the Special Conference; Shall be as provided for in Rule 5.
(f) Subject to the provisions of paragraph (d) of this Rule, all or any of the powers of the Divisional Conference may be exercised by the Special Conference, and the decisions of the Special Conference shall have the same force and effect as if made by the Divisional Conference.
The Divisional Conference shall be the highest deliberative body of the Division, shall manage the affairs of the Division subject to control by members as provided in the Rules and shall have power to:
(a) lay down the industrial and political policy of the Division;
(b) submit to members for decision such matters as the Divisional Conference may deem proper;
(c) implement the policy of the Division in matters both industrial and political affecting the interests of the members;
(d) initiate, manage and control any action, proceeding or submission in respect of any industrial dispute in accordance with current industrial action policy;
(e) on behalf of the Division, enter into, make or vary industrial agreements, awards or determinations;
(f) incur all expenses necessary for the proper conduct of the business of the Division and pay all accounts so incurred, provided that a loan, grant or donation of an amount exceeding $1,000 shall not be made by the Division, unless Conference 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;
(g) subject to (f) above, advance generally the objects of the Division and for that purpose vote and expend money for political and industrial affiliations that are made following decisions ratified by members under the Rules;
(h) endorse or otherwise Branch industrial affiliations under the Rules;
(i) impose and collect all levies, fines, fees, subscriptions and dues payable by members provided that before any levy is struck a complete current financial statement shall be submitted to each Branch;
(j) receive, consider and determine any matter or report arising under these Rules which has been submitted to Conference by any Branch;
(k) determine the number of Branches and the number of elected offices at Divisional and Branch level;
(l) determine the number of Divisional Industrial Research Officer positions and determine the number of Branch Industrial Officer positions (in the generic sense) where the direct cost is borne by the Divisional Conference;
(m) in the event of casual vacancies appoint holders of Divisional offices in accordance with the Rules;
(n) appoint a Divisional Returning Officer and Deputy Divisional Returning Officers and such scrutineers as may be required for the exercise of its powers;
(o) fix salaries and allowances for Divisional Officers and Branch Officers;
(p) fix honoraria for Divisional Officers, Divisional Executive members and Divisional Conference members;
(q) determine the level and method of payment of monies from Branches to Conference;
(r) settle disputes arising between Branches;
(s) hear and determine any appeal from a Branch or member thereof;
(t) hear and determine disciplinary charges laid under the Rules and impose penalties as provided for in the Rules;
(u) take disciplinary action against the holders of Divisional and Branch offices as provided for in the Rules;
(v) remove from office the holders of Divisional and Branch offices as provided for in the Rules;
(w) determine matters referred to it by a meeting of members of Conference representing a Divisional Section/s;
(x) allocate funds for meetings of members of Conference representing a Divisional Section/s;
(y) refer to a Divisional Council or members of Conference representing a Divisional Section matters exclusively affecting the Divisional Council or Divisional Section;
(z) establish any social or other fund to achieve any of the objects of the Division;
(aa) receive and adopt or otherwise deal with the annual report and balance sheet of the Division;
(bb) summon General Meetings or Special General Meetings of members of Branches, any Divisional Section or any defined section of the membership of the Division in all or any States at any time and from time to time for any purpose which Conference shall think fit, giving not less than three days notice to members of such meetings, and stating the time and place in each State when and where such meetings shall be held;
(cc) generally to do all acts, matters and things that may appear to Conference to be in the best interests of members;
(dd) without limiting the generality of its powers under (cc) above, exercise all or any of the powers conferred on the Divisional Executive.
8 - ALTERNATE DIVISIONAL CONFERENCE DELEGATES CREDENTIALS
Branch Alternate Delegates shall present a certificate signed by the Branch President and Secretary to the Divisional President that due to unavoidable absence of the Delegate the Alternate Delegate will be in attendance at the Conference.
9 - PROPOSALS FOR DIVISIONAL CONFERENCE
(a) The Divisional Secretary and Divisional President shall have forwarded to all Divisional Conference Delegates and, if necessary Alternate Delegates, a copy of the Divisional Executive Annual Report to be submitted to the Divisional Conference, not less than fourteen days before the date fixed for the opening of the Divisional Conference.
(b) Proposals for the making of new Rules, or the amendment or rescission of existing Rules, or proposals relating to any other matter of business to be considered by the Divisional Conference, may be submitted by members of Divisional Executive, members of Divisional Conference or Branches.
(c) Branch Reports and all proposals submitted to the Divisional Conference shall be forwarded to reach the Divisional Secretary seven weeks before the date fixed for the opening of the Conference. The whole of the proposal shall then be forwarded by the Divisional Secretary to members of Divisional Executive, members of Divisional Conference and Branches not later than five weeks prior to the date fixed for the opening of the Conference. Any proposal relating to matters which are already receiving attention by the Divisional Executive or which accords with Union policy, as determined by an earlier conference, may be excluded from the Conference business paper.
(d) (i) Notwithstanding anything contained in these Rules, Divisional Conference shall have the power to consider any matter of urgent late business or to make new rules, or to rescind or amend any of the existing rules regarding which the required notice has not been given to the Divisional Secretary provided that:
(1) apart from matters arising out of the written report of the Divisional Executive or proposals already on the Conference Agenda proposals of an urgent nature which are received after the closing date of the agenda shall only be considered where notice in writing has been given to the Divisional Secretary at least twenty four hours before the matter is discussed;
(2) the question of the admission of any business for consideration under the provisions of this rule shall be determined by the method of voting in rules 5(f) and (g);
(3) any decision on an item of urgent late business shall have no force and effect unless and until ratified pursuant to rule 36.5.
(e) The requirements as to notice and the circulation of agenda papers in this Rule shall be directory and not mandatory and the accidental or inadvertent omission to give the full notice required to any person entitled to such a notice shall not of itself invalidate the proceedings of the Divisional Conference meeting at which such matter is considered.
10 - DIVISIONAL CONFERENCE - OUT OF SESSION DECISION
(a) When the Divisional Conference is not in session the Divisional Secretary and Divisional President jointly may, or when so directed by the Divisional Executive, or when called for by requisition signed by Delegates to Divisional Conference representing a majority of votes eligible to be cast in five Branches or signed by at least six Branch Secretaries, shall, submit to Conference for decision any matter which the Conference may deal with in accordance with Rule 5.
(b) The Divisional Secretary may submit any matter to be decided pursuant to this sub-rule to the members of Divisional Conference to be determined by a vote communicated to the Divisional Secretary by letter, electronic mail, facsimile machine or telephone. The minutes of any meeting where a vote has been taken by letter, electronic mail, , facsimile machine or telephone shall be forwarded forthwith to each member of Divisional Conference and Branch Secretaries.
(c) Each member of Conference shall, as soon as practicable but no later than fourteen (14) days after the receipt of the submission, return his/her vote to the Divisional Secretary.
(d) If at any time after the submission of a matter to members of Conference under this Rule and before a decision has been obtained a request has been made in accordance with the provisions of Rule 6 for a special meeting of the Divisional Conference to discuss the matter, the question shall be deferred to that meeting.
(e) A decision given under this Rule shall have the same effect as if made under Rule 5.
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