31 - PROPERTY AND FUNDS OF THE DIVISION
All funds and other assets held by the Divisional Conference and/or Branches shall be the property of the Division.
(a) Any person qualified for membership shall pay to the Branch Secretary or other authorised person the prescribed entrance fee and contribution, shall be informed in writing at the time of his/her application of the financial obligations arising from membership and the circumstances and the manner in which a member may resign from the Union and shall receive a ticket entitling such person during its currency, so long as he/she remains loyal to the Rules and Resolutions of the Union, to all rights and privileges of membership and rendering such person amenable to the Rules and Resolutions of the Union. Where a qualified person has applied for membership, the person shall be a member notwithstanding his/her failure to pay the prescribed entrance fee and/or contribution but he/she shall remain liable to pay the same.
(b) Any qualified person applying for membership, except in the case of applicants who produce a clearance from a bona fide industrial organisation, shall be required to pay an entrance fee of twenty dollars ($20.00); provided that the Branch Committee of Management shall have power to waive or vary the conditions relating to the entrance fee where deemed necessary.
(c) Any qualified person who has resigned from the Union may be readmitted to membership by a resolution of the Committee of Management on payment of an entrance fee not exceeding the sum of twenty dollars ($20.00); provided that the Committee of Management shall have power in such cases to waive or vary the conditions relating to entrance fee where deemed necessary.
(d) A member of the Union may resign from membership by written notice addressed and delivered to the Secretary of the Branch to which the member is attached. A notice of resignation from membership shall take effect:
(1) Where the member ceases to be eligible for membership of the Union:
(i) on the day on which the notice is received by the Union; or
(ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible for membership; whichever is later; or
(2) In any other case:
(i) at the end of 2 weeks after the notice is received by the Union; or
(ii) on the day specified in the notice; whichever is later. Any dues payable but not paid by a former member of the Union in relation to a period before the member's resignation from the Union took effect, may be sued for and recovered in the name of the Union in a Court of competent jurisdiction, as a debt due to the Union. A notice delivered to the Branch Secretary shall be taken to have been received by the Union when it was delivered. A notice of resignation that has been received by the Union is not invalid because it was not addressed and delivered in accordance with the provisions of this sub-rule. A resignation from membership of the Union is valid even if it is not effected in accordance with this sub-rule if the member is informed in writing by or on behalf of the Union that the resignation has been accepted.
(e) Any person who has been expelled from membership of the Union shall not be readmitted to membership except by resolution of the Branch Committee of Management carried by a vote of majority of the members present there at and upon payment of all contributions and levies accruing during the period of his/her expulsion, provided that the Branch Committee of Management shall have power to waive or vary the payment of contributions and levies accruing during the period of his/her expulsion. Any person expelled from membership by resolution of Conference shall not be readmitted to membership without the authority of Conference.
(f) (1) From time to time the Branch Committee of Management may direct the Branch Secretary to remove from the register of members the names of members who satisfy the following criteria: any or all members owing entrance fees, contributions, levies or fines imposed in accordance with the rules of the union or the division for a period of in excess of thirty days or more, provided that members so removed shall not be free from liability for arrears due.
(2) Where such persons owe money to the union, they shall be liable to pay immediately all entrance fees, contributions, levies or fines and any other monies due to the union, and, in default of payment, may be sued for any outstanding amounts.
(3) The Branch Secretary shall give a member 14 days notice in writing to the member's last address shown on the register of members of the intention to remove the name from the register.
(4) Any member whose name has been so removed from the register shall thereupon cease to be a member of the union or to have any of the rightful privileges of membership, subject to Clause (6) below.
(5) Any such person shall be liable to pay all such entrance fees, contributions, levies or fines and any other monies due to the union up to the date of the removal of the member's name from the register, and, in default of payment, may be sued for any outstanding amounts.
(6) Any person removed in accord with this Rule may appeal to the Divisional Executive against any action or decision of a Branch Committee of Management taken pursuant to this sub-rule. In the event that Divisional Executive decides to reinstate the persons membership, and provided they have paid all fees, contributions, levies and/or fines owed to the union in accord with the Rules, they shall be deemed not have broken their continuity of membership of the union.
A person who has retired from the employer and who was a financial member at the time of their retirement shall be entitled to associate membership. Associate members shall not exercise a vote or hold any position in the Division but they are entitled to attend and speak at any General Meeting. No person can become or remain an associate member if they commence employment or intend to commence employment with any employer or industry covered by eligibility rules 2.5 to 2.22 inclusive. Associate members shall entitled to Branch newsletters and services as determined by the Branch Committee of Management. All applications for Associate membership are subject to approval of the Branch Committee of Management. Retired members admitted as an Associate Member shall have no other rights unless specifically covered by this Rule.
(a) A member who has ceased employment, or a full time officer of the union who was a member at the time of ceasing with the union and who has rendered special or valuable service to the union, may, by resolution of the Divisional Executive, a Branch General Meeting or Branch Committee of Management, be admitted as an Honorary Life Member of the union. Such admission to Honorary Life Membership shall be subject to endorsement, or otherwise, by Divisional Conference or Divisional Executive. Any resolution originating from and bestowing life membership by resolution of the Divisional Executive shall be subject to endorsement or otherwise by Divisional Conference.
(b) Branches shall advise the Divisional Secretary of any such admission to Honorary Life Membership as soon as practicable following that resolution by the Branch.
(c) Honorary Life Members shall be entitled to attend and to speak at any General Meeting, but they shall not be entitled to exercise a vote or to hold any office in the Union other than Returning Officer or Divisional Returning Officer. However, they shall be permitted to act as delegates to affiliate bodies when ordinary members are not available.
(d) On being admitted to Honorary Life Membership, such members shall be entitled to receive an Honorary Life Membership Certificate signed by the Divisional President and the Divisional Secretary.
(e) Life Members of organisations that amalgamate with the Union shall be recognised as Honorary Life Members of the Union, upon amalgamation, provided that at the time of amalgamation, they have retired or resigned their employment including a position of full-time office within the Union. Provided that those Life Members of the amalgamating organisation who have not yet retired or resigned from their employment or from full-time office with the Union, shall upon such retirement or resignation be recognised as Honorary Life Members pending endorsement by the next succeeding Divisional Conference of the Union and/or Divisional Executive.
(f) Life Members admitted under sub-rule (e) shall have the same entitlements and privileges as provided in sub-rule (c) and (d) of this Rule.
(g) Nothing in this Rule prevents Divisional Conference or Executive from endorsing special recognition posthumously to a person who has rendered special or valuable service to the union. Such special recognition shall be known as the CEPU Service Citation and shall be seen as equivalent to the Life Membership recognition.
33A - LIFE MEMBERSHIP - ATEA/ATPOA
Notwithstanding Rule 33, all persons elected to Life Membership by ATEA/ATPOA prior to the date of amalgamation shall be deemed to be Life Members of the Union. Where an existing ATEA/ATPOA Life Member translates to an office in the new Union he/she shall continue to enjoy all the privileges of a full financial member of the Union upon payment of dues.
(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 sub-rule; 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 sub-rule.
(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 sub-rule; 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.
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