(a) There shall be two Divisional Councils constituted covering the Postal Industry Divisional Section and the Telecommunications Industry Divisional Section known as the Postal Divisional Council and the Telecommunications Divisional Council respectively. The Postal and Telecommunications Divisional Councils shall consist of the Divisional Officers and such number of Branch Representatives as is determined by the Divisional Executive. Branch Representatives shall be appointed by their respective Branch Committee of Management.
(b) The Postal and Telecommunications Divisional Councils shall consider and make recommendations only to the Divisional Conference and/or Divisional Executive on policy and industrial matters relating to the Industry Divisional Section they cover.
(c) The frequency, dates and venues and agenda of Divisional Council meetings shall be determined by the Divisional Executive on the recommendation of the Divisional Secretary and Divisional President. The membership of certain Divisional Officers of both Divisional Councils will not prevent simultaneous meetings of both bodies.
(d) Meetings of the Divisional Councils shall be convened jointly by the Divisional President and Divisional Secretary.
(e) Divisional Councils will be properly constituted when at least (50) fifty per cent of members are present.
(f) Each member of a Divisional Council shall have one vote. Resolutions shall be carried by a simple majority.
43A - NATIONAL WOMEN'S COMMITTEE
(a) The Divisional Secretary shall convene a National Women's Committee to be chaired by the Divisional Vice President (Affirmative Action) which shall meet at least annually. The Committee will be comprised of a maximum of two female representatives from each Branch, the Divisional Vice President (Affirmative Action) and the Divisional Secretary or their nominee. The committee can meet face to face, by telephone conference or by video conference. The Divisional Vice President (Affirmative Action) shall be responsible for referring decisions of the National
Women's Committee to the Divisional Postal or Telecommunications councils and/or the Divisional Executive as appropriate.
(b) The National Women's Committee will be properly constituted when at least (50) fifty per cent of members are present.
(c) Each member of a Divisional Council shall have one vote. Resolutions shall be carried by a simple majority.
SECTION 2 - CONSTITUTION AND MANAGEMENT GENERALLY
(a) The Division shall consist of the following Branches:
(i) the Victorian Postal and Telecommunications Branch;
(ii) the Victorian Telecommunications and Services Branch;
(iii) the New South Wales (including residents in the ACT) Telecommunications and Services Branch;
(iv) the New South Wales (including residents in the ACT) Postal and Telecommunications Branch;
(v) the Queensland Postal and Telecommunications Branch;
(vi) the Queensland Telecommunications and Services Branch;
(vii) the South Australian and Northern Territory Telecommunications and Services Branch;
(viii) the South Australian and Northern Territory Postal and Telecommunications Branch;
(ix) the Western Australian Postal and Telecommunications Branch;
(x) the Western Australian Telecommunications and Services Branch;
(xi) the Tasmanian Telecommunications and Services Branch;
(xii) the Tasmanian Postal and Telecommunications Branch;
(xiii) the Telecommunications Officers Association (TOA) Branch;
and such further or other Branches as may from time to time be determined by Divisional Conference.
(b) Subject to these Rules, a Branch shall be autonomous in relation to matters affecting only members of the Branch and shall, in accordance with the Rules elect Branch Officers and manage
the affairs of the Branch. All Branches shall comply with resolutions of Divisional Conference and Executive.
45 - DIVISIONAL CONFERENCE AND DIVISIONAL EXECUTIVE AUTHORITY OVER BRANCHES
(a) If a Branch Committee of Management or an Officer of a Branch refuse or fail to comply with these Rules or with a lawful resolution of the Divisional Conference or lawful direction of the Divisional Executive, the Divisional Executive may, after inquiry, determine that the Branch Committee of Management or Officers of the Branch have acted in a manner prejudicial to the good order and government of the Division.
(b) A determination under this Rule shall not be made unless:
(i) the refusal or failure to comply, relates to a Rule, resolution or direction in respect of which notice to comply, so as far as practicable, has been brought to the attention of members of the Branch Committee of Management or the Officers of the Branch, and is not desisted from as soon as reasonably practicable after such notice;
(ii) the refusal or failure to comply amounts to a misappropriation of the funds of the Branch or the Division, a substantial breach of the Rules, gross misbehaviour or gross neglect of the duties of the Branch Committee of Management, or of the Officers of the Branch;
(c) Where the Divisional Executive has made a determination under this Rule it may, after inquiry, and after hearing from (or providing reasonable opportunity to be heard to) representatives appointed by the Branch Committee of Management or Officers in defence of themselves or the Branch:
(i) suspend the members of the Branch Committee of Management or Officers from office for such periods not exceeding 12 months as it determines;
(ii) appoint at the expense of the Union a member of the Divisional Executive to conduct and manage the affairs of the Branch during the period of suspension, subject to the direction of the Divisional Executive; and
(iii) require such Branch Committee of Management to deliver up to the person so appointed all the funds of the Branch.
(d) During the period of any suspension imposed pursuant to this Rule, a paid Officer of the Branch shall, subject to his/her not being removed from office pursuant to these Rules, continue to be remunerated out of the funds of the Branch and shall perform such duties as are allocated to him/her by the person appointed by the Divisional Executive to conduct and manage the affairs of the Branch.
(e) Any Branch which fails to pay to Divisional Conference its membership contributions due under Rule 48 within one month after the close of the relevant monthly period shall be liable to be dealt with under this Rule.
(f) All property, money and books of the Branch in respect of which there is a determination under paragraph (a) of this Rule shall, on demand made by the Divisional Executive to a person or member having the custody or control of same be forthwith delivered up to the person charged to receive them as specified in the demand.
(a) The Division shall have four Divisional Sections and each member other than a member attached to the TOA Branch shall be allocated to a Divisional Section. The Divisional Sections shall be constituted in the following manner:
(i) Postal Divisional Section: All members employed by the Australian Postal Corporation, or by employers which the Divisional Executive determines operates substantially in or in connection with postal services, except those in the Technical Divisional Section and Operator Divisional Section pursuant to sub-rules (ii) and (iv) of this Rule;
(ii) Technical Divisional Section:
A. all members eligible for membership of the union pursuant to rule 2.11;
B. all members who the Divisional Executive determines undertake functions substantially in or in connection with telecommunications services of a type traditionally provided by members of the Technical Divisional Section of the ATEA/ATPOA but not members performing the functions which are specified in the Communications Officer Structure as set out in Clause 51 of the Telecom/APTU Award 1989 as at 1 November 1991, except those functions which are in common with functions specified in Clause 8B1-4 inclusive of the Australian Telecommunications Commission Telecommunications Technical and
Trades Staff (Salaries and Specific Conditions of Employment) Award 1975 as at 1 November 1991; and
C. all members of the union employed by Optus Communications Pty Ltd or any of its subsidiaries or related companies.
(iii) Lines and General Divisional Section: All members eligible for membership of the Union pursuant to Rule 2.5 or 2.9 and all members who the Divisional Executive determines undertake functions substantially in or in connection with telecommunications services of a type traditionally provided by members of the APTU but not members performing the functions which are specified in the Telecommunications Technical Officers structure, Electrical Officers structure, Production Officers structure and Tradesperson structure as set out in sub-clauses 8B1-4 inclusive of the Australian Telecommunications Commission Telecommunications Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 1975 as at 1 November, 1991 and the Operator Assisted Services structure in Clause 24 of the Australian Telecommunications Commission Telephone and Phonogram Staff (Salaries and Specific Conditions of Employment) Award 1978 as at 1 November, 1991, except those functions in common with functions specified in clause 51 of the Telecom/APTU Award 1989 as at 1 November 1991:
(iv) Operator Divisional Section: All persons eligible for membership pursuant to Rule 2.17, and all members who the Divisional Executive determines undertake functions substantially in or in connection with telecommunications services of a type traditionally provided by members of the Operator Divisional Section of the ATEA/ATPOA as at 1 November 1991;
(v) Where the designation of a class of employees or a group of employees within a class is changed to another designation, and provided that the majority of functions undertaken by the members remains substantially unaltered, then the members will retain membership within their existing Divisional Section;
(vi) Where a new classification is created or where functions are substantially altered to the extent that the majority of functions are not clearly identified by reference to work carried out by the Branches the members shall be allocated to a Divisional Section by agreement between the Divisional Councils and failing agreement to a Divisional Section determined by the Divisional executive having regard to the following factors in descending order of importance;
(i) the Divisional Section in which most of the functions of the new classification would ordinarily have been undertaken as at 1 November 1991.
(ii) the Divisional Section to which the members currently belong.
(iii) ATEA/ATPOA and APTU Eligibility Rules as at 1 November 1991.
(b) Members allocated to the Postal Divisional Section and Lines and General Divisional Section shall constitute the Postal and Telecommunications Branch covering the State or Territory in which they are employed. Members allocated to the Technical Divisional Section and the Operator Divisional Section shall constitute the Telecommunications and Services Branch in the State or Territory in which they are employed.
(c) Industrial officers and employees of the Division shall:
(i) in the case of persons who are members of the Division before becoming an Industrial Officer or employee remain in the Divisional Section they were allocated to before becoming an Industrial Officer or employee;
(ii) in the case of Industrial Officers or employees who were not members of the Union before becoming an Industrial Officer or employee employed by the Divisional Office of the Division - subject to the approval of Divisional Conference, be allocated to the Divisional Section of his or her choice and shall not be subsequently allocated to any other Divisional Section;
(iii) in the case of Industrial Officers or employees who were not members of the Union before becoming an Industrial Officer or employee employed by a Branch of the Division - subject to the approval of Branch Committee of Management be allocated to the Divisional Section of his or her choice, and shall not subsequently be allocated to another Divisional Section.
(d) In the case of Technical and Operator Divisional Sections, on and from the date on which a Rule replacing eligibility Rules 2.11 and 2.17 comes into effect persons becoming members of the Union will be allocated to a Divisional Section by the Branch Secretary in consultation with a Branch Assistant Secretary from each Divisional Section.
(e) Nothing in sub-rule (d) shall affect the allocation of members to Divisional Sections made while eligibility sub-rule 2.11 and 2.17 were in effect.
47A - SPECIAL PROVISIONS - TOA BRANCH
The Division shall have a TOA Branch at a Divisional level which shall be constituted as follows :-
(i) All members eligible for membership of the Union pursuant to Rules 2.20 and 2.21 who were members of the TOA as at the date of amalgamation.
(ii) Subject to approval by the relevant Postal and Telecommunications or Telecommunications and Services Branch the TOA Branch will accept as members only those members classified at PTTO1 and above in the Internal Plant Technical Officer Structure.
47 - CONTRIBUTION TO DIVISIONAL CONFERENCE
(a) Divisional Conference shall, from time to time, determine the percentage of members contributions to be paid to Conference by Branches but at no time shall the contribution be set at less than 25% of members' contributions.
(b) Each Branch Secretary shall, at the beginning of each calendar month and not later than the 15th day of the month, pay into a special Divisional Conference Account with the Commonwealth Bank, relevant Government owned State Bank or other financial institution approved by the Divisional Executive an amount equal to the percentage of members contributions as determined by Conference received from members during the previous month. All payments to Conference shall be made into the Special Divisional Conference Account.
(c) Nothing in this Rule will prevent a Branch from making provisional payments, based on an estimate of membership receipts, by direct credit payment from a bank account or collection agency to the Special Divisional Conference account.
In this case reconciliation of direct credit payments with contributions received from members will take place by the 15th of the month as in sub-clause (b).
(d) Provided that on and from 1st April 2004 the following provisions shall apply in lieu of sub-rule (a):-
Divisional Conference shall, from time to time, determine the percentage of members' contributions to be paid to Conference by Branches but at no time shall the contribution be set at less than 22.5% of members' contributions.
All monies received by Branches by way of contribution, entrance fee, fines or interest on deposits or investments shall be the property of the Division. Each Branch shall during each quarter pay to the Divisional Conference such sum as may be provided elsewhere under these Rules for the maintenance of the Head Office of the Division, together with any money collected as a result of any levy imposed by Divisional Conference for the purposes of meeting the financial obligations of the Division. The proportion of members contributions payable for the maintenance of Head Office shall, pending payment to the Conference, be paid into a special account with the Commonwealth Bank, a relevant Government owned State Bank or other financial institution approved by the Divisional Conference or Executive. The remainder of the monies received by Branches shall be retained by the receiving Branch for the purpose of defraying the costs of administering the affairs of the Branch within the territorial area of that Branch.
49 - REGISTER OF BRANCH OFFICES
There shall be at all times kept at the Head Office of the Division a record of the situation of the office in each of the Branches of the Division in each capital city.
(a) Each Branch Secretary shall keep a register of the names and addresses of all members of the Branch, including membership of the particular Divisional Section to which they belong, which shall be open for inspection by an Industrial Registrar, or a person authorized by an Industrial Registrar, between the hours of 9.00am and 5.00pm Monday to Friday at the Branch Office of the Division and shall supply a copy of the same to the Divisional Secretary and/or Divisional President when required.
(b) In conformity with the Workplace Relations Act 1996 each Branch Secretary shall:
(i) enter in the register the name and postal address of each person who becomes a member, within 28 days after the person becomes a member.
(ii) remove from the register the name and postal address of each person who ceases to be a member within 28 days after the person ceases to be a member; and
(iii) enter in the register any change in the particulars shown on the register, within 28 days after the matter necessitating the change become known to the Division.
(c) Within 28 days of the end of the financial year pursuant to Rule 29 each Branch Secretary shall forward to the Divisional Secretary a statement to the effect that during the preceding year the Register of Members was maintained in accordance with this Rule.
Each member shall be entitled, upon application to the Branch Secretary, to a copy of the Rules of the organisation or Branch or a copy of any amendments of the Rules made since a specified time, the first copy of which shall be supplied free of charge. Subsequent applications for a copy of the Rules or amendments thereto by a member if the member has been provided with a copy of the same Rules or amendments free of charge within the preceding 3 years shall be accompanied by a fee as prescribed by the Workplace Relations Act 1996 and the Regulations made thereunder.
Each member shall be entitled to peruse the minutes of any meeting conducted under the Rules of the Union on application to the Branch Secretary.
(a) There shall be Branch Officers as provided in these Rules.
(b) The duties of the Branch Officers, when provided for in sections 3, 4 and 5 of these Rules shall be:
(i) Branch President: the President shall be the recognised head of the Branch, and he/she shall preside at all Branch Executive, General, Special General and Branch Committee of Management meetings and shall ensure that the general working of the Branch is carried out in conformity with the Rules, the resolutions of Divisional Council, Conference and the instructions of the Divisional Executive. He/she shall sign in accordance with the Rules cheques and all documents requiring his/her signature as required by the Branch Executive or the Branch Secretary. Where the Branch President's position is a full time position he/she shall carry out his/her industrial duties in accordance with the directions of the Branch Secretary subject to the decisions of the Branch Committee of Management;
(ii) Branch Vice President: the duties of the Branch Vice President shall be to assist the President. In the absence of the President, one of the Vice Presidents shall occupy the Chair, conduct the business, and perform all duties of the President. He or she shall sign in accordance with the Rules, cheques and all documents requiring his or her signature as requested by the Branch Secretary.
(iii) Branch Secretary: the duties of the Branch Secretary shall be to:
(A) convene and attend each meeting of the Branch Committee of Management, Branch Executive and each General Meeting of the Branch where practicable and to compile and maintain the minutes of such meetings;
(B) attend to Branch correspondence;
(C) have charge of the books and documents of the Branch;
(D) manage and be responsible generally for the administration of the Branch Office and Branch Officers subject to the Rules;
(E) maintain a register of membership in accordance with rule 51;
(F) forward annually, to the Divisional Secretary a statement of the total membership and financial membership of the Division and of the Branch on the 31st March;
(G) prepare and issue to the Annual General Meeting of the Branch the Annual Report of the Branch and an account of the income and expenditure of the Branch;
(H) forward to the Divisional Secretary forthwith after its issue, a copy of the Branch Annual Report and account of the income and expenditure of the Branch;
(I) maintain an accounting record of the financial transactions of the Branch showing the source and nature of all income received and the nature and purpose of all expenditure made;
(J) make all payments on behalf of the Branch, receive all money payable to the Branch and promptly deposit such money in the bank account of the Branch;
(K) perform such other duties as may from time to time be directed by the Branch Committee of Management, or Branch General Meeting;
(L) provide the Divisional Conference or Branch Committee of Management with a statement of the financial affairs of the Branch when so directed;
(M) provide for the collection of fines, levies and subscriptions (other than subscriptions derived from salary) payable by members of the Branch to the Division or the Branch.
(N) manage and be responsible for the day to day Branch issues.
(iv) Branch Assistant Secretary: the duties of the Branch Assistant Secretary shall be to relieve the Branch Secretary and to attend all meetings of the Branch and to take rough minutes of the proceedings, except where otherwise directed by the Branch Secretary. At all other times he/she shall render such assistance as may be required by the Branch Secretary. In the absence of the Assistant Secretary for periods exceeding one week, Branch Committee of Management may appoint another member of the Branch Committee of Management as Acting Branch Assistant Secretary.
(v) Honorary Branch Assistant Secretary: the Honorary Branch Assistant Secretary shall perform such duties of the Branch Assistant Secretary as are consistent with the honorary status of the office.
(vi) Branch Organiser: the duties of the Branch Organiser shall be, under the general direction of the Branch Secretary, to visit workplaces, undertake representations on behalf of members, attend all meetings of the Branch, except when performing duties away from the Branch centre, and all other duties as may be required by the Branch Secretary.
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