15.19 Conduct of Elections: Direct Voting
15.19.1 Where an election is to be conducted by a direct secret postal ballot of the members of the branch or division concerned, the Returning Officer shall call for nominations for election to each of the offices according to these rules. Each nomination shall be in writing and shall be signed by the candidate and otherwise be in accordance with these rules.
15.19.2 Nominations shall be called for by advertisement in a daily newspaper circulating in the geographical area in which the branch is situated, or nationally in the case of a division-wide election and, where the election timetable permits it, in the 'ETU News'.
15.19.3 If no more nominations for election to any office/s are received than the number of vacancies in such office/s, then the returning officer shall forthwith declare the person or persons nominated to have been elected to such office/s.
15.19.4 If there are more nominations for election to any office than there are vacancies in such office the Returning Officer shall fix dates when the ballot shall open and close provided that the ballot shall close not later than the day specified in these rules. The period between the opening and closing dates of the ballot shall be not less than ten (10) days nor more than twenty-one (21) days.
15.19.5 The election shall be by means of a secret ballot and the division or branch shall provide the Returning Officer with a post office box address for the return of the ballot papers.
15.19.6 The Returning Officer shall obtain the keys of a box at a post office in the capital city in which the election is being held. Such keys shall not pass from the possession of the Returning Officer at any time during an election. The Returning Officer shall give each scrutineer reasonable notice of his/her intention to open the post office box and any scrutineer may as a result of such notice be in attendance.
15.19.7 Each Returning Officer shall have compiled a list of all members who are eligible to vote and shall use such list in the conduct of the said election. The roll of voters shall close 7 days before the date nominations open.
15.19.8 Every member of the division or branch as the case requires who is financial at the date 7 days before the opening of nominations shall be eligible to vote.
15.19.9 The election shall be conducted under the 'first past the post' voting system. The position of all candidates' names for each office on the ballot paper shall be drawn for.
15.19.10 The Returning Officer shall cause to be prepared sufficient ballot papers which shall not be numbered or otherwise marked except with the Returning Officer's initials together with declaration envelopes and prepaid envelopes addressed to the box number at the post office referred to in subrule 15.19.6. The declaration and prepaid envelopes must comply with the forms prescribed by the Fair Work (Registered Organisations) Regulations 2009. The ballot paper shall contain in a prominent position the date and time of the closing of the ballot and ballot papers received after that date shall not be included in the ballot.
15.19.11 The Returning Officer shall by prepaid post forward a ballot paper, a declaration envelope and reply-paid envelope in the presence of such scrutineers as wish to be present on a date to be determined by the Returning Officer to each voter entitled to vote within the branch in accordance with the voters' list.
15.19.12 A candidate may in writing appoint any member of the union who is not a candidate in the election to be his/her scrutineer but such scrutineer shall not in any way obstruct the Returning Officer in the performance of his/her duties nor shall the scrutineer in any way interfere with the conduct of the ballot.
15.19.13 A scrutineer shall, so far as it is possible having regard to the time of appointment and to the form of election to be conducted, be entitled to observe the forwarding of nomination forms by the Returning Officer, the consideration of nomination forms, to inspect the nomination forms, to observe the form and distribution of ballot papers, the collection of the envelopes containing the ballot papers from the post office box where appropriate, the checking of votes, the conduct and determination of the election by lot and the declaration of the ballot and to observe every act performed or directed by the Returning Officer which may affect the result of the election.
The Returning Officer shall take all reasonable steps by notification or otherwise to enable each scrutineer to exercise these entitlements. A scrutineer shall direct the attention of the Returning Officer to any irregularity he/she may detect whether in the nomination forms, nominations, the form of distribution of ballot papers, the admission and counting of any ballot paper, or in respect of any other matters to be observed or done under these rules. A scrutineer shall do all these things necessary so that the conduct of the election shall conform to these rules and so that the secrecy of the ballot shall be observed.
15.19.14 At the close of the ballot, the Returning Officer in the presence of the scrutineers and all candidates (if available) shall, after first removing the flaps or labels from the declaration envelopes and then, removing the ballot papers from the declaration envelopes, count all ballot papers and shall within fourteen (14) days of the close of the ballot declare the result of the elections and the persons declared elected shall occupy their respective positions forthwith, or otherwise in accordance with these rules.
15.19.15 A person elected to office pursuant to the provisions of this rule shall, unless otherwise provided in these rules, retain it until a successor is duly elected unless he/she dies, resigns or is removed from office in accordance with these rules.
15.19.16 The Returning Officer shall make reasonable arrangements for the recording of absentee votes.
15.19.17 In conducting the ballot, the Returning Officer shall take all reasonable steps and may give all reasonable directions to ensure that no irregularity occurs.
15.19.18 For direct elections by the members of the Division or Divisional Branch the following persons shall be eligible to stand for the positions indicated in the manner indicated in table 2 below:
Electrical, Energy and Services Division Elections
Direct Voting by Secret Postal Ballot
Positions
Persons eligible
Electors
National Executive Officer
Divisional Secretary
All financial members of the Division
Divisional Secretary and Divisional Assistant Secretary
Financial members for two years
All financial members of the Division
Divisional Councillors
Financial members for one year
All financial members of the Branch concerned
National Councillors
Branch Secretaries Branch President of the NSW & Vic Branches
All financial members of the Branch concerned
Affirmative Action National Councillor
All female financial members for one year
All financial members of the Division
Divisional Branch President, Branch Secretary, Assistant Secretary
and Organisers
Financial members of the Branch concerned for two years
All financial members of the Branch concerned
Branch Organiser (Plumbing)
Financial members of the Plumbing Section of the Branch concerned
for two years
All financial members of the Branch concerned
Sub-branch and/or Section Representatives on State Council
and Branch Conference
Financial members of the Section or Sub-branch concerned for one year
All financial members of the Section or Sub-branch concerned
Sub-branch President, Vice President and Secretaries
Financial members of the Sub-branch concerned for one year
All financial members residing in the Sub-branch concerned
15.20 Candidates
15.20.1 No Candidate shall hold office unless he or she is over 18 years of age.
15.20.2 Candidates for the positions of Divisional Secretary, Divisional Assistant Secretary, Divisional Branch President, Divisional Branch Secretary, Divisional Assistant Branch Secretary or Divisional Branch Organiser, must have been financial members of this Division in accordance with rule 5 "Entrance Fees & Contributions", for each quarterly period as it fell due within two years immediately preceding the date of nomination.
15.20.3 A candidate for election to the Divisional President, either Divisional Vice President & Other Branch Representatives on the Divisional Executive shall have been a financial member of the Union, in conformity with the rules, for two years immediately preceding the date of nomination and be, at the time of nomination, a delegate of Divisional Council.
15.20.4 Candidates for all other positions must have been financial members of this Division in accordance with rule 5 "Entrance Fees and Contributions", for each quarterly period as it fell due within one year immediately preceding the date of nominations except where there are no more than the required number of nominees when each candidate shall be a financial member of the Division in accordance with rule 5 "Entrance Fees & Contributions".
15.20.5 Notwithstanding sub rules 15.20.2, 15.20.3 and 15.20.4, continuous financial membership of the AEEFEU shall be counted as continuous financial membership of the CEPU for the purposes of those sub rules.
15.21 Contractors/Employers Ineligible to Hold Office
In the event of members becoming contractors and/or employers they shall not be eligible to hold an Office in this Division.
15.22 Qualification of Voters
To be eligible to vote in elections, members shall be financial at the date 7 days before the opening of nominations.
15.23 Absent Voting
Provisions shall be made for absentee voting in any ballot, for any Office conducted under this section of these rules.
15.24 Method of Voting
15.24.1 Persons eligible to vote shall record their votes by placing a cross on the ballot paper opposite the name of the candidates they desire to vote for, and the candidate who receives the highest number of votes shall be declared elected.
15.24.2 Provided that the New South Wales Divisional Branch shall employ such method of voting as shall be fixed by duly registered rule of that Divisional Branch. In the absence of any such rule of that Divisional Branch, the method of voting employed shall be that fixed by this sub-rule.
15.25 Equal Voting
When the voting is equal in any election conducted under these rules, in the event of one of the candidates being the retiring office-holder, such candidate shall be declared elected. In other cases in which a tie occurs the matter shall be decided by the toss of a coin.