CPSU, the Community and Public Sector Union - [2010] FWA 9745

[2010] FWA 9745

FAIR WORK AUSTRALIA

DECISION

Workplace Relations Act 1996
s.158(1) RAO Schedule - Application for alteration of eligibility rules

CPSU, the Community and Public Sector Union
(D2008/102)

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 16 DECEMBER 2010

Eligibility Rules - Campus Living Villages & Campus Living Funds Management.

[1] An application was lodged on 16 January 2008 by the Community and Public Sector Union (CPSU) to vary their eligibility rules.

[2] Notice of the application was published in the Commonwealth of Australia Gazette, Government Notices on 20 February 2008.

[3] Objections were received from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), the Liquor, Hospitality and Miscellaneous Union (LHMU) The Australian Workers’ Union (AWU) and the Australian Municipal, Administrative, Clerical and Services Union (ASU). Following negotiations between the parties an amended application was lodged by the CPSU on 19 October 2010.

[4] Item 621 of Part 9 of Schedule 22 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 makes provision for Fair Work Australia to hear the above application. The RAO Schedule as described above is now preserved by way of the Fair Work (Registered Organisations) Act 2009 (“the ROA Act)”).

[5] I am satisfied that all the relevant requirements contained in s.158(1) have been met. I consent to the alterations in the amended application.

[6] I therefore consent to the amended application as follows:

A new sub-paragraph (v) is inserted into Chapter A, Rule 2, Part II, Section III, paragraph 1 - as follows:

(v) Employees of Campus Living Villages Pty Ltd and Campus Living Funds Management Limited, and of any successor, assignee or transmittee of the business and/or functions of the said corporations or any part thereof, other than employees engaged in construction or employees, up to the level of leading hand, engaged in maintenance functions.

A new sub-paragraph (u) is inserted into Chapter A, Rule 3, Part II, Section III, paragraph 1 - as follows:

(u) Employees of Campus Living Villages Pty Ltd and Campus Living Funds Management Limited, and of any successor, assignee or transmittee of the business and/or functions of the said corporations or any part thereof, other than employees engaged in construction or employees, up to the level of leading hand, engaged in maintenance functions.

[7] The alterations to which I have consented shall come into effect on 31 December 2010. As a result of this decision, the eligibility rules of the CPSU, on and from that date and until further altered, shall be as set out in the Annexure to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE

Eligibility rules of CPSU, the Community and Public Sector Union

(Effective on and from 31 December 2010)

CHAPTER A - GENERAL

...

2 - CONSTITUTION AND ELIGIBILITY FOR MEMBERSHIP

Persons shall be eligible for membership of the Union under either Part I, Part II or Part III of this Rule.

PART I

A.1 Without in any way limiting or being limited by subrules B, C, D, E, G and H, the following persons are eligible for membership of the Union;

(i) any person employed, usually employed or qualified to be employed by;

(a) the Commonwealth;

(b) the Northern Territory;

(d) a body corporate established for a public purpose, whether in whole or in part, by or under a law of the Commonwealth, the Australian Capital Territory or the Northern Territory other than any local Government body established under the Local Government Act (Northern Territory) or other Local Government legislation in the Northern Territory;

(e) by a company or other body corporate incorporated under a law of the Commonwealth or of a State or Territory, being a company or other body corporate in which the Commonwealth, the Northern Territory or the Australian Capital Territory has a controlling interest;

(f) any other authority or body (whether corporate or not) being an authority or body that is financed in whole or in substantial part, either directly or indirectly by money provided by the Commonwealth except;

(A) moneys paid as consideration in a commercial transaction, for the provision of goods or services to the Commonwealth,

(B) moneys paid by way of bounty or like payment,

(D) moneys paid to a Local Authority, City, Municipality, Town, Borough, Shire or like statutory authority which includes electricity, road, transport and port authorities and water or drainage boards,

(E) an authority or body that is financed in whole or in substantial part, either directly or indirectly, by money provided by the Commonwealth, pursuant to;

1. the Community Youth Support Scheme, or

2. the Supported Accommodation Assistance Program, or

3. the Family Day Care Services component of the Children Services Program, or

4. the Family Support Program, or

5. the Grant in Aid Ethnic Social Welfare Workers Program, or

6. the Youth Services or Welfare Services components of the ACT Community Development Program,

or any program, scheme or fund directly replacing any one of the above.

(g) any person employed as a customer service representative or telephone operator or any person employed as a supervisor of the foregoing by a business or part of a business which performs a call centre function for

(A) the Commonwealth;

(B) the Northern Territory;

(D) a body corporate established for a public purpose, whether in whole or in part, by or under a law of the Commonwealth, the Australian Capital Territory or the Northern Territory other than any Local Government body established under the Local Government Act (Northern Territory) or other Local Government Legislation in the Northern Territory;

(E) a company or other body corporate incorporated under a law of the Commonwealth or of a State or Territory, being a company or other body corporate in which the Commonwealth, the Northern Territory or the Australian Capital Territory has a controlling interest;

to the extent that employees in that business or part of that business are performing those functions.

(ii) any officer or employee of the Union, or

(iii) any person who is an employee and who occupies a Statutory Office created under a law of the Commonwealth or the Northern Territory or the Australian Capital Territory or an Office established by the Executive of the Commonwealth, the Northern Territory or the Australian Capital Territory, or

(iv) all persons employed in the telecommunications industry as defined in Rule 3E by any authority, corporation or other body (other than a person employed by the Crown in the right of a State, or by a statutory authority established under any Act of a Parliament of a State, or by any company in which 50% or more of the shares are held by the Crown in the right of a State).

2. Notwithstanding the provisions of subrule 4 A.1, the following persons are not eligible for membership of the Union

(i) any person employed by:

(a) deleted

(b) the Australian Shipping Commission trading as Australian National Line;

(d) the Australian National University;

(e) Banks established under the Commonwealth Banks Act and Reserve Bank Act;

(f) Qantas Airways Ltd;

(g) Universities and Colleges of Advanced Education other than colleges of Advanced Education in the Northern Territory or the Australian Capital Territory;

(h) the Australian Wheat Board;

(i) deleted

(j) the Territory Insurance Office.

(ii) persons employed as a/an:

(a) tradesman;

(b) artisan;

(d) deleted;

(e) mail officer or linesman;

(f) telecommunications technician, telecommunications technical officer or telecommunications electrical worker;

(g) postmaster;

(h) telegraphist;

(i) deleted

(j) deleted

(k) labourer;

(l) primary or secondary school teacher and teachers in non- government early childhood centres, business colleges, language schools or other private educational academies;

(m) ships painter or docker;

(n) nurse or nursing aide;

(o) driver, driver's assistant or conductor;

(p) railways employee other than as a senior officer, clerk, booking clerk, traffic inspector, assistant research officer, senior research officer;

(q) professional engineer;

(r) theatrical, film, television and video technicians;

(s) professional scientific staff;

(t) child care workers, cleaners, domestics or domestic workers, gardeners;

(u) security officers, attendants, watchmen and/or like designations.

(iii) (a) deleted

(b) persons employed in the professional structures of the Industry for which professional qualifications are mandatory.

(d) Persons employed by the Australian Postal Commission and the Australian Telecommunications Commission who are eligible for membership of the Australian Telephone and Phonogram Officers' Association in accordance with its conditions of Eligibility for membership as at 1st September 1986, other than persons employed in Manual Assistance Centres in the position of Manager (M.A.C.) at M.A.6 and M.A.7 levels where the position was previously classified as Traffic Officer.

B. Without in any way limiting, or being limited by, subrules A, C, D, E, G and H, the membership of the Union shall also consist of any officer, employee or temporary employee of the Public Service of the Commonwealth, the Public Service of the Northern Territory and of the Australian Capital Territory, any public institution, authority or statutory corporation of the Northern Territory and of the service of any public institution or authority of the Commonwealth together with any authority, corporation or body engaged in the telecommunications industry as defined in Rule 3E, designated as:

(1) (a) administrative assistant (Darwin Institute of Technology) (all grades), administrative class (AI, A3, A4, A5) (NTPS), assistant (all grades), assistant (audiometry), assistant (canvassing), assistant cashier, assistant (computing), assistant (estimating), assistant keeper of relics, assistant moisture tester (dairy export), assistant publications officer, assistant senior overseer (telegraphs), assistant stamper (dairy export), assistant (stamp sales), assistant stationer, assistant (stationery etc.), assistant welfare officer, attendant and reader, attendant (all grades), attendant (legislative assembly), cabinet and ministerial officer, cashier, checker, checker-in-training, claims officer (all grades), clerical and administrative officer 1, 2 and 3 (Northern Territory Power and Water Authority), clerical assistant (all grades), clerk (fourth division), computing assistant, counter officer (all grades), courier, depot clerk, deputy principal attendant, district employment officer, employment officer, examiner, field assistant, gazette officer, indexer, indexer-in-charge, junior assistant, keeper of printed records, library assistant, medical records officer (Northern Territory Public Service) (all grades), messenger, methods assistant, ministerial messenger, ministerial officer, museum assistant (all grades), officer-in-charge, overseer (stamp sales), overseer (telegraphs) (all grades), overseer (telegraph accounts), postal assistant, postal clerk, principal attendant, principal attendant (legislative assembly), publications officer, purchasing officer, school assistant (all grades), senior assistant (stamp sales), senior attendant, senior attendant (legislative assembly), senior checker, senior clerical assistant, senior computing assistant, senior examiner, senior indexer, senior messenger, senior overseer (telegraphs), senior employment officer, senior storemen, senior stores supervisor (all grades), social development assistant, social development officer (all grades), stationer, storeman, stores assistant, stores officer, stores supervisor, superintendent, supervising checker, supervisor (stationery etc.), tip-staff, truancy officer,

(b) assistant security officer (Weapons Research Establishment Salisbury and Department of Defence Canberra), assistant (transport), assistant transport officer, battery manager, chief custodial officer (Belconnen and Quamby Remand Centres), chief protective service inspector, conveyancing assistant, custodial officer (Belconnen and Quamby Remand Centres), custodial officer grade 3 (Quamby Remand Centre), field officer, inquiry officer (all grades), inspector traffic section, investigation officer (trades), licence inspector (all grades), motor driver, movements officer, movements officer (light transport), movements officer (heavy transport), movements officer (special services), officer-in- charge (outdoor inquiry), officer-in-charge (postal investigation), parking inspector (all grades), postal investigation officer (all grades), principal field officer,protective service inspector, protective service officer (all grades), protective service superintendent, searcher (all grades), senior assistant

(transport), senior field officer, senior field officer (collections), senior field officer (standards), senior inquiry officer, senior inspector traffic section, senior licence inspector, senior motor driver, senior postal investigation officer (all grades), senior protective service officer (all grades), senior statistical collections officer, senior transport inspector, senior vehicle tester, senior weights and measures inspector, statistical collections officer (all grades), supervising field officer, supply and transport officer (survey) (all grades), traffic officer, traffic officer (inspector) (NTPS), traffic inspector, transport foreman, transport inspector, transport officer, transport supervisor (all grades), vehicle tester (all grades), weights and measures inspector, weights and measures superintendent, works and service officer,

(c) accounting machinist (all grades) accounting machinist controller (all grades), accounting machinist-in-charge (all grades), accounting machinist-in-training, accounting machinist supervisor (all grades), addressing machine operator, addressing machine operator-in-charge, assistant (typing - stenographic) (all grades), assistant private secretary, assistant reception, assistant (typing), card punch operator (all grades), communications operator (all grades), communicator (all grades), computer operator (all grades), court reporting typist (all grades), data preparation officer, data processing operator (all grades), data processing operator-in-training, EDP operator (all grades), electorate secretary, hansard typist, keyboard instructor (all grades), keyboard operator, machine operator, machine operator-in-training, machine tabulator, overseer, personal secretary, receptionist-typist, secretarial assistant, secretary/typist, senior accounting machinist, senior communications operator, senior computer operator (all grades), senior data processing operator, senior machine operator, senior machine tabulator, senior typist stenographer (all grades), steno-secretary (all grades), supervising card punch operator (all grades), supervising communications operator, supervising (accounting machinist) (all grades), supervisor (communications), supervisor (data processing) (all grades), supervisor typists (all grades), telephone supervisor (Northern Territory Public Service), telephonist, teleprinter operator, teleprinter operator- in-charge, teletype facilities control officer, telex service operator, trainee computer operator, typist (all grades), typist controller (all grades), typist controller (word processing) (all grades), typist (photo-litho), typist (secretarial), typist supervisor (all grades), typist- in-charge (all grades), typist-in-charge (photo-litho), word processing supervisor (all grades), word processing typist (all grades),

(d) assistant cinematographer, assistant film cutter and biograph operator, assistant film processor, assistant photographer, assistant photography, assistant (plan printing) (all grades), assistant (printing) (all grades), assistant (projectionist), colour film printer, cutter (films), dark-room operator, film cutter and biograph operator (all grades), film officer, film processor, film processing supervisor (all grades), heliographer, officer-in-charge (photography and plan production), officer-in-charge (plan printing), overseer (printing room), printing supervisor, projectionist, projectionist (public relations), projectionist (16mm), photographer, photographer-in-charge, scheduling officer, section leader, senior film processor (all grades), senior assistant (photography), senior assistant (printing) (all grades), senior darkroom operator, senior photographer, small offset operator, supervisor (photography and plan production),

(e) airport foreman (all grades), airport groundsman, airport labourer, airport plant operator, airport safety officer, animal attendant, area officer, assistant (animals) (all grades), assistant barracks officer, assistant stock inspector, barracks officer, boring inspector, boring superintendent, building superintendent, caretaker, chainman, in Victoria Barracks in the State of Victoria only cleaners of all designations, custodian (buildings), district stock inspector, divisional stock inspector, drill foreman, drilling overseer, drilling superintendent, farm assistant (all grades), fisheries inspector, foreman animal attendant, foreman (ground maintenance), gardening overseer (all grades), groundsman, groundsman-gardener, labourer groundsman, manager (swimming pool), pastoral inspector, ranger, senior airport groundsman, senior assistant (farm), senior boring inspector, senior chainman (all grades), senior driller, senior farm assistant, senior fisheries inspector, senior groundsman, senior pastoral inspector, senior ranger (all grades), senior stock inspector, station hand, stock inspector, supervisor (agriculture), supervisor (animals), supervisor (farm), supervisor (tree surgery), surveying assistant (all grades), surveying assistant supervisor (all grades), trainee ranger, water control officer (all grades), water control supervisor,

(f) assistant conservator, airport fire officer (all grades), assistant welfare branch, assistant radio inspector, assistant technical cataloguer, chief fire protection officer, chief health inspector, chief health surveyor, chief quarantine inspector, conservator, dental assistant, dental mechanic, dental technician, dental therapist in the Australian Capital Territory, fire protection officer, fire safety officer (all grades), health inspector, health surveyor, hydrometer tester, inspector, inspector (fire services), inspector (property), inspector (technical) (all grades), instructor (all grades), instructor (counter disaster), laboratory assistant, laboratory attendant, manager welfare branch, manual arts instructor, meatworks standards officer (all grades), medical laboratory assistant, music instructor, night switch operator (Snowy Mountains Hydro-electric Authority) (all grades), observer (all grades), observer (radio), pharmacy assistant, power station control room operator, power station plant operator, power station supervisor, power station unit operator, property inspector, quarantine inspector, radio monitor, regional fire officer, regional health inspector, regional health surveyor, safety instructor (Department of Defence), senior health inspector, senior health surveyor, senior inspector, senior inspector (property), senior instructor, senior observer (radio), senior operator (Snowy Mountains Hydro-electric Authority), senior power station supervisor, senior technical cataloguer (all grades), senior technical

officer, senior technical officer (medical laboratory) (all grades), senior technical officer (science) (all grades), senior supervisor communications, station officer (Department of Defence Woomera), supervising technical cataloguer (all grades), supervisor (property), technical assistant (all grades), technical cataloguer, technical officer (all grades), technical officer (medical laboratory),technical officer (science) (all grades), trainee observer, trainee technical officer (medical laboratory), trainee technical officer (science), training instructor, wool sample inspector, wool standards officer,

(g) assistant catering adviser, assistant food services, assistant manager (Bars) (Joint House), assistant manager (Dining Rooms) (Joint House), assistant supervisor, assistant supervisor (food services), cafeteria manager (all grades), catering adviser (all grades), catering officer, cafeteria supervisor (all grades), deputy housekeeper (Joint House), deputy matron, food processor (all grades), food service adviser (all grades), food service manager (all grades), home liaison officer, home management instructress, housekeeper (Joint House), house manager (Joint House), matron N.T., senior assistant supervisor, supervisor, supervisor food processing, supervisor (food services),

(h) assistant chief preventive officer, boat-hand, boatman, chief investigator, chief preventive officer (all grades), coxswain, engine driver, head lightkeeper, inspector, investigator, locker, lightkeeper, marine officer, master of launch, preventive officer, preventive officer-in-training, quarantine assistant (all grades), senior investigator, senior master of launch, senior preventive officer (all grades), senior quarantine inspector, supervising investigator, supervising preventive officer.

(2) (deleted)

(3) Together with any officer or employee who is employed by the Australian Postal Commission and who is employed in any designation specified in Part (1) of this rule.

(4) Together with any officer or employee who is employed by the Australian Telecommunications Commission and/or any other authority, corporation or body engaged in the telecommunications industry as defined in Rule 3E who is employed in any designation or like designation specified in Part (1) of this Rule or designated as a message bureau operator or supervisor.

(5) Together with any Industrial Officer or Research Officer or other employee of the Union.

Provided however, that the following shall be excluded -

(a) engineering and architectural technical assistants and technical officers other than those engaged in laboratory work,

(b) technical officers employed on external plant work associated with the installation and maintenance of telephone, telegraph and radio plants in the Australian Postal Commission and/or the Australian Telecommunications Commission, and/or Aussat Ltd.,

(c) photographers, the greater part of whose duties is to take and prepare photographs for reproduction in newspapers and magazines,

(d) employees eligible for membership in the Printing and Kindred Industries Union employed in the establishment of the Australian Government Printer and the Northern Territory Public Service, Department of Transport and Works, Government Printing Office,

(e) employees of the Australian Postal Commission and/or the Australian Telecommunications Commission and/or Aussat Ltd. designated as telephonists, telex service operator and supervisor (telephone),

(f) technical assistants, technical officers and senior technical officers employed by the Commonwealth Scientific and Industrial Research Organization.

(g) employees of the Territory Insurance Office.

(h) any person working in or in connection with the telecommunications industry eligible for membership of the Metal and engineering Workers Union in accordance with its conditions of eligibility rule as at 1 July 1991 unless that person was eligible for membership of the Australian Public Sector and Broadcasting Union, Australian Government Employment in accordance with its conditions of eligibility rule as at 1 July 1991.

C. Without in anyway limiting, or being limited by, subrules A, B, D, E, G and H, the membership of the Union shall also consist of any persons employed by the Australian Broadcasting Corporation with the exception of Actors, Dancers, Vocalists, Musicians, Journalists and persons employed in the following positions:

Deputy General Manager, Assistant General Manager, Assistant General Manager (General), Controller of Technical Services, Controller, News Services, Controller of Programmes, Controller, Management Services, Controller of Finance, Federal Director of Television Programmes, Federal Director of Radio Programmes, Federal Director of Programme Services, Director of Music, Director, Drama and Features (Radio), Director, Drama (Television), Director of Talks, Director of Light Entertainment, Director of Education, Director of Rural Broadcasts, Director of Personnel, Director of News (Radio), Director of News (Television), Director, Sporting Broadcasts, Director, Planning (Radio), Director of Overseas Services, Director, Organisation and Methods, Director of Branch Operations (Television), Director of Operations (Radio), Assistant Federal Director, Television Programmes, Assistant Director of Music (Programmes), Assistant Director of Music (General), Assistant Director of Drama and Features (Radio), Assistant Director of Light Entertainment, Assistant Director of Education, Assistant Director of Rural Broadcasts, Federal Budget Officer, Federal Supervisor, Religious Broadcasts, Federal Supervisor, Production Facilities, Federal Supervisor, Children's Sessions, Federal Talks Supervisor (General Talks), Federal Talks Supervisor (News/Talks), Federal Concert Manager, Chief Film Officer, Head of Special Projects, Head of Science Programmes, Head of Secretariat, Supervisor, Buildings Planning, Superintendent, Office Services, Superintendent, Training and Welfare, Administrative Officer (Concerts), Administrative Officer (Industrial), Manager for Victoria, Manager for Queensland, Manager for South Australia, Manager for Western Australia, Manager for Tasmania, Manager for Papua/NewGuinea, Assistant Manager for Victoria, Assistant Manager for Queensland, Assistant Manager for South Australia, Assistant Manager for Western Australia, Assistant Manager for Tasmania, Director of Programmes, NSW, Director of Programmes, Vic, News Editor, Victoria, Supervising Engineer, NSW, Supervising Engineer, Vic

PROVIDED THAT such members, who have been elected or appointed as Officers or Organisers of the Union shall continue to be financial members of the Union.

D. Without in any way limiting, or being limited by, subrules A, B, C, E, G and H, the membership of the Union shall also consist of:

(a) Any person holding a certificate of competency as meat inspector and employed in such capacity in the Australian Public Service, shall be eligible for membership on written application.

(b) Any person from time to time employed in the inspection and/or grading and/or packing of dried and/or fresh and/or canned fruits and/or dehydrated and/or canned and/or frozen vegetables and/or fish and/or fish products by any Australian Government Department or branch.

E. Without in any way limiting, or being limited by, subrules A, B, C, D, G and H, the membership of this Union shall also consist of:

(1) Any person with professional qualifications permanently or temporarily employed in:

1. The Australian Public Service;

2. The Public Service of the Northern Territory;

3. The Public Service of the Australian Capital Territory;

4. The service of any public institution or authority of the Australian Government whether such service is in the Australian Public Service or not; or

5. The service of any public institution or authority of the Northern Territory Government whether such service is in the Northern Territory Public Service or not, in a professional capacity approved by the National Council on the recommendation of the Division Council shall be eligible for membership.

The following professions are approved:

1. Engineers:

(a) civil;

(b) mechanical;

(d) mining;

(e) marine;

(f) military;

(g) lighthouse;

(h) ship construction.

2. Architects and quantity surveyors.

3. Chemists.

4. Analysts and metallurgists.

5. Meteorologists.

6. Surveyors.

7. Draughtsmen.

8. Medical Officers, including surgeons.

9. Actuaries and statisticians.

10. Barristers and solicitors.

11. Biochemists.

12. Valuers:

(a) those persons who at the 1st day of January 1940 were classified as assistant valuer, valuer, senior valuer or chief valuer;

(b) those persons who may be appointed as valuers:

(i) who have graduated in architecture, surveying, agriculture or allied professions;

(ii) who are members of the Institute of Valuers; or

(iii) who have practised as valuers for a period of at least twelve years.

13. Any avocation requiring qualifications of a standard equivalent to those required for any of the foregoing professions, and which may be approved by the National Council on the recommendation of the Division Council.

Nothing in this subrule shall affect the rights of existing members.

(2) In addition to the professions included in Rule 4E(1) above, the following professions are also approved:

14. Agricultural Economist.

15. Agricultural Scientist.

16. Anthropologist.

17. Arboriculturist.

18. Assayer.

19. Bacteriologist.

20. Bibliographer.

21. Biologist.

22. Botanist.

23. Dentist.

24. Diplomat.

25. Economist.

26. Engineer:

(a) Aeronautical

(b) Chemical

(d) Radio

(e) Communications

27. Entomologist.

28. Forester.

29. Geologist.

30. Geophysicist.

31. Histologist.

32. Librarian.

33. Mathematician.

34. Mycologist.

35. Naval Architect.

36. Palaeontologist.

37. Pedologist.

38. Psychologist.

39. Scientist.

40. Social Worker.

41. Surveyor:

(a) Engineer and Ship

(b) Nautical and Ship

42. Timber Technologist.

43. Veterinarian.

44. Educationist.

45. Geographer.

46. Physicist.

(3) (deleted)

(4) Any persons permanently or temporarily employed in:

1. The Australian Public Service;

2. The Public Service of the Northern Territory;

3. The Public Service of the Australian Capital Territory;

4. The service of any public institution or authority of the Australian Government whether such service is in the Australian Public Service or not; or

5. The service of any public institution or authority of the Northern Territory Government whether such service is in the Northern Territory Public Service or not,

shall be eligible for Associate Membership under the following conditions:

1. A candidate for Associate Membership shall produce evidence that:

(a) he/she is not less than 16 years of age;

(b) his/her standard of education is sufficient to admit him/her to a course of tertiary education;

(d) he/she is recommended for admission as an Associate member by two members of the Union.

2. An Associate Member shall submit, annually, a statement of progress of his/her course of training to the Professional Division Secretary. If an Associate Member fails to submit a statement, or if his/her progress is not satisfactory, the Professional Division Secretary shall remove his/her name from the Register of Associate Members.

3. The Professional Division Secretary shall, unless special reasons are shown to warrant a further extension, remove from the Register the name of an Associate Member who has not become eligible for ordinary membership under Rule 4E within eight years of the date of his/her admission.

4. An Associate Member may attend and vote at all meetings of the Union, take part in the debates, vote in all elections for which he/she is eligible, stand for election for any office in the Union, and be co-opted to any Committee.

5. On becoming eligible for admission as an ordinary member under Rule 4E, he/she shall cease to be an Associate Member and automatically become an ordinary member. He/she shall from that date be liable for all moneys due and payable by an ordinary member under these rules.

F. Notwithstanding anything to the contrary in sub-rules A, B, C, D, E and I:

(1) Persons shall not be eligible for membership of the Union if those persons:

(a) are engaged in technical, trades or production functions, including persons performing supervisory or managerial duties directly related to those functions, in or in connection with electronic, electrical, or mechanical work in the telecommunications industry, Australian Postal Corporation and the Department of Transport and Communications;

(b) are performing operator functions including persons performing supervisory or managerial duties directly related to those functions in the telecommunications industry and the Australian Postal Corporation;

unless those persons are eligible for membership of the Union in accordance with its conditions of eligibility rule as at 27 March 1992.

(2) Persons who are employed by employers engaged in or in connection with:

(a) the manufacture and distribution of cables and other conductors for the transmission of energy, or

(b) processes connected with or incidental to such manufacture and distribution,

shall not be eligible for membership of the Union unless such persons were eligible for membership of the Union as at 19 November 1991;

(3) Persons employed directly in supervising and/or operating and/or installing and/or maintaining and/or servicing an internal telecommunications system and are eligible for membership of the Australian Municipal, Transport, Energy, Water, Ports, Community and Information Services Union pursuant to Rule 5, Part 1 and Part 2 of the Australian Municipal, Transport, Energy, Water, Ports, Community and Information services Union's rules as at 20 November 1991 shall not be eligible for membership unless the person was also eligible for membership of the Australian Public Sector and Broadcasting Union, Australian Government Employment in accordance with its conditions of eligibility for membership rule as at 20 November 1991.

(4) Persons employed to service, repair, maintain, structurally alter and/or assemble business equipment (excluding typewriters) in the telecommunications industry and are eligible for membership of the Australian Municipal, Transport, Energy, Water, Ports Community and Information Services Union pursuant to Rule 5, Part 3 of the Australian Municipal, Transport, Energy, Water, Ports, Community and Information Services Union's rules as at 20 November 1991 shall not be eligible for membership unless the person was also eligible for membership of the Australian Public Sector and Broadcasting Union, Australian Government Employment in accordance with its conditions of eligibility for membership rule as at 20 November 1991. Without limiting the generality of the foregoing, the term "business equipment" shall be deemed to include inter alia, cash registers, accounting machines, adding machines, calculators, computers and peripheral equipment.

(5) Persons shall not be eligible for membership of the Union if those persons are engaged in technical, trades or production functions, including persons performing supervisory or managerial duties directly related to those functions, in or in connection with electronic, electrical or mechanical work in the electrical, electrical contracting and telecommunications industry, including telecommunications manufacturing and servicing unless those persons are eligible for membership of the Union in accordance with its conditions of eligibility rule as at 27 March 1992.

(6) Any person eligible for membership of the Australian Postal and Telecommunications Union in accordance with its conditions of eligibility for membership rule as at 18 October 1991 shall not be eligible for membership unless that person was also eligible for membership of the Australian public Sector and Broadcasting Union, Australian Government Employment in accordance with its conditions of eligibility for membership rule as at 18 October 1991.

(7) Any person eligible for membership of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia in accordance with its conditions of eligibility for membership rule as at 18 August 2000 Shall not be eligible for membership unless that person was also eligible for membership of the Community and Public Sector Union in accordance with its conditions of eligibility for membership rule as at 18 August 2000.

(8) Persons engaged in any of the following:

(i) providing postal services, and/or

(ii) receiving, sorting, despatching, processing or delivering mail, and/or

(iii) providing, installing or maintaining telecommunications services including persons performing the functions which are specified in the communications officer structure as set out in clause 51 of the Telecom/APTU Award as at 30 August 1991, and/or

(iv) driving, and/or

(v) storing goods and materials, and/or

(vi) labouring, patrolling, gardening or cleaning, and/or

(vii) cooking, general kitchen duties or serving food, and/or

(viii) drafting, and/or

(ix) oversighting or supervising any of the above services or functions.

shall not be eligible for membership unless:

(a) that person is performing tasks which if performed by that person in employment with either the Australian Telecommunications Corporation or the Australian Postal Corporation (or any successor thereto) as at 18 October 1991 would make that person eligible for membership of the Australian Public Sector and broadcasting Union, Australian Government employment, or

(b) that person would have been eligible for membership of the Australian Public Sector and Broadcasting Union, Australian Government Employment in accordance with its conditions of eligibility for membership rule as at 18 October 1991.

(9) This sub-rule has no application to persons eligible for membership under sub-rules G and H of this Rule.

G. Without in any way limiting, or being limited by, subrules A, B, C, D, F and H, the persons eligible for membership of this union shall also include:

All persons engaged or employed in the utilization, operation, control, maintenance, installation, inspection, accounts, rates, instruction, repair and service of apparatus used for radio telegraphy, radio telephony, radio television, radio facsimile, radio signals, cable operations, cable technology, cable engineering, teleprint operation, radar operation, beam and cable accounting and checking, and/or any of their kindred or associated branches as applied to the land, sea, or air; and shall include all persons engaged or employed as marine radio operators, assistant marine radio operators, junior marine radio operators, marine radio inspectors, marine radio technicians, marine radio engineers who carry out installations, service and maintenance of radio apparatus on any vessel, and all radio engineers, radio technicians, radio mechanics, control room operators and panel operators engaged on

broadcasting stations (other than those under the control of the Australian Broadcasting Commission), and all radio engineers, radio technicians, radio operators, operators-in-charge, radar operators, radio examiners, radio inspectors engaged in aeradio stations throughout Australasia and the Islands of the Pacific (Department of Civil Aviation). All superintendent radio engineers, radio station masters, senior radio operators, radio operators,

radio technicians, radio mechanics, riggers and assistant riggers engaged on coastal radio service stations throughout Australasia and the Islands of the Pacific, and all radio engineers, radio technicians, radio mechanics, riggers, assistant riggers, and cadets or apprentices engaged on beam wireless transmitting or receiving stations throughout Australasia and the Islands of the Pacific. All superintendents, supervisors, assistant supervisors, house engineers, supervising technicians, technicians, senior telegraphists, telegraphists, junior telegraphists, senior despatch clerks, despatch clerks, counter clerks, service clerks, accounts clerks, rates clerks, invoice clerks, phonogram clerks, bundlers or messengers engaged or employed in beam wireless and cable receiving or transmitting offices of Overseas Telecommunications Commission, Australia, or any branch or depot of such offices throughout Australasia and the Islands of the Pacific. All observers, observers (radio) and senior observers (radio) employed by the Bureau of Meteorology, Department of the Interior. All radio officers, engaged on any aircraft flying within Australasia and the Islands of the Pacific and beyond, and engaged or employed by any Company, Corporation, Commission, Department or Establishment in Australasia or the Islands of the Pacific, who carry out operations or services from the Australian mainland. All instructors engaged in any school or college where wireless or radio theoretical or practical instruction is given or taught, together with other persons whether employed in any of the abovementioned occupations, who are officers of the Union and have been admitted as members thereof.

Provided that nothing herein shall be taken as covering employees engaged in the manufacture of radio apparatus or appurtenant elements or in the maintenance, installation and/or servicing of radio elsewhere than in transmitting, receiving, aviation, radio service depots and/or telegraphic or cable stations, not including the fabrication or erection of masts, machinery, or other gear used in connexion therewith.

H. Without in any way limiting, or being limited by, subrules A, B, C, D, E, F and G shall also consist of:

(i) persons employed by the Commonwealth Scientific and Industrial Research Organisation in the following occupations or industrial pursuits whether in a trainee, practitioner, specialist or managerial capacity:

scientist, engineer, architect, librarian, scientific services officer and translator

or who are engaged in occupations or industrial pursuits the duties of which involve the possession of qualifications equivalent to those involved in these occupations or industrial pursuits.

(ii) persons employed by the Commonwealth Scientific and Industrial Research Organisation in the following classifications, designations, occupations or industrial pursuits whether in a practitioner, specialist, managerial, or trainee capacity:

(a) Senior Technical Officer which expression shall, without limiting the generality thereof, include employees designated as or usually performing the duties of senior technical officer, senior technician, principal technical officer, principal technician, chief technical officer or chief technician by whatever name called.

(b) Technical Officer or Technician which expression shall, without limiting the generality thereof, include employees designated as or usually performing the duties of technical officer or technician by whatever name called.

(c) Technical Assistant (Laboratory) or Assistant (Laboratory Services) which expression shall, without limiting the generality thereof, include employees designated as or usually performing the duties of technical assistant (laboratory), assistant (laboratory services), technical assistant, laboratory assistant, or laboratory services assistant by whatever name called.

(d) Library Officer or Assistant Library Officer which expression shall, without limiting the generality thereof, include employees designated as or usually performing the duties of library officer, assistant library officer, library technician or library assistant by whatever name called.

(e) Photographer or Graphic Designer which expression shall, without limiting the generality thereof, include employees designated as or usually performing the duties of photographer or graphic designer by whatever name called.

(f) Information Officer which expression shall, without limiting the generality thereof, include employees designated as or usually performing the duties of information officer by whatever name called.

(g) Persons whose duties require them to possess qualifications or skills equivalent to those involved in the foregoing classifications, designations, occupations or industrial pursuits.

who are engaged in research or research support, which expression shall, without limiting the generality thereof, include the dissemination or application of research outcomes to industry; together with such other persons, whether employed in the industry or not, as have been appointed or elected officers of the Union and admitted as members of such.

I. Any person who is eligible for membership of the Union under the provisions of any of the subrules in Rule 3 and the preceding subrules in Rule 4 shall not be excluded from membership of the Union by any other subrule in Rule 3 and the preceding subrules in Rule 4.

J. Notwithstanding anything to the contrary in sub-rules A, B, C, D, E, F, G, H and I, employees of the Australian Federal Police are not eligible for membership of the Union unless:

(i) they are declared or appointed to be Protective Services Officers or Special Protective Services Officers; or

(ii) they perform administrative and/or clerical functions and were members of the CPSU as at 30 June 2004.

To avoid doubt, persons declared or appointed to be Protective Service Officers or Special Protective Service Officers are eligible for membership of the Union under this part of the rules, but nothing in this part or in any other part of the rules will make eligible for membership any person who is employed or engaged by the Australian Federal Police as a police officer.

K. Notwithstanding anything to the contrary in subrules A, B, C, D, E, F, G, H and J all persons employed by the First Licensed carriers as defined hereunder, in or in connection with the telecommunications industry shall not be eligible for membership of the Union.

"First Licensed carriers" means the holders for the time being of:-

(a) the licence to operate as a general telecommunications carrier and/or the licence to operate as a mobile carrier, both granted under the Telecommunications Act 1991 and both published in the Commonwealth of Australia Gazette No. 323 dated 26 November 1991, and any body corporate that is related to either of those licence holders within the meaning of the Corporations Law; or

(b) any licence granted following the revocation of either of the licences referred to in (a) above and any body corporate that is related to the holder of any such licence within the meaning of the Corporations Law.

L. Notwithstanding anything to the contrary in sub-rule G, all persons employed or engaged in the function of ROV Pilots/Technicians in or in association with the operation, utilisation, control, maintenance, installation, repair and service of remotely operated sub sea vehicles and associated equipment shall not be eligible for membership of the Union.

M. Notwithstanding anything to the contrary in sub-rules A, B, C, D, E, F, G, H, I and J all persons employed by Telecom Technologies Pty Limited shall not be eligible for membership of the Union.

N. Notwithstanding anything to the contrary in these rules, persons employed by a CSL Company, other than persons wholly or substantially employed in:

(i) engineering and engineering-related trades, supervisory and drafting classifications as are eligible for membership of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union as at 26 June 1996;

(ii) electrical and plumbing trades and trades assistant duties as are eligible for membership of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia as at 26 June 1996;

(iii) plant operating duties as are eligible for membership of the Construction, Forestry, Mining and Energy Union as at 26 June 1996; and

(iv) catering and canteen work (except canteen management) as are eligible for membership of the Australian Liquor, Hospitality and Miscellaneous Workers Union as at 26 June 1996;

shall be eligible for membership of the Union.

For the purposes of this sub-rule, "CSL Company" means and includes:

(a) CSL Limited;

(b) Filtron Pty Ltd; and

(c) a company in which CSL Limited has a controlling interest and which is created from operation of CSL Limited as at 26 June 1996; and

(d) the Animal Health Division of CSL Limited sold to Pfizer on 26th March 2004.

O. 1. Notwithstanding anything to the contrary in these rules persons will be eligible for membership of the union;

(a) if they are performing work that was previously performed by a body listed in part (2) below at the date specified for that body; and

(b) they would have been eligible for membership of the union had they been performing the work whilst employed in or by a body listed in part (2) below at the date specified for that body.

2. (a) Corporation as at 7 May 1998.

(b) Airservices Australia (at the date of gazettal).

(d) Medibank Private (at the date of gazettal).

NOTE: A copy of the agreement between the ASU and CPSU which is exhibit ASU 2 in proceedings in matter D2001/23 may be inspected at any of the Registries of the Industrial Registrar.

3. Provided that where an employee is performing catering, trolley conveyance, cleaning or carparking functions at an airport, and

(a) those functions were previously performed by the Federal Airports Corporation, and

(b) those functions are subsequently performed by a contractor;

then an employee who performs those functions, and is employed by such a contractor, shall not be eligible to be a member of the union, and;

4. Notwithstanding the foregoing, where an employee is performing airside safety security functions at an airport they shall be eligible to be members of the union.

The term “airside safety” in this sub-rule shall mean the care and maintenance and safety checking of airport facilities within the airside perimeter, but shall not include contract security in the airport terminal or public thoroughfares around the terminal. The airside safety security functions referred to are those functions within the airside perimeter which were previously performed by the Federal Airports Corporation and which functions are subsequently performed by a contractor. Airside safety security functions shall include security functions which are part of, or incidental to airside safety.

P. Notwithstanding anything to the contrary in these rules, any person employed or engaged in the provision of Commonwealth employment services shall be eligible for membership of the union. For the purposes of this sub-rule, “Commonwealth employment services” means any service, benefit, program or facility that is provided by, or on behalf of, a body or organisation which is a Provider under a Job Network Employment Services Contract in or in connection with the performance of that contract.

(a) Provided that a person employed by a Job Network Services Contract Provider:

(i) who is eligible to be a member of the Australian Municipal, Administrative, Clerical and Services Union; and

(ii) who performs the substantial amount of his or her work other than in or in connection with the performance of a Job network Employment Services Contract;

shall not be eligible for membership of the union.

NOTE: A copy of the agreement between the CPSU and the ASU which is Exhibit ASU 1 in matter D2002/8 may be inspected at any of the Registries of the Industrial Registrar.

(b) Notwithstanding the provisions of sub-rule P persons eligible for membership of The Association of Professional Engineers, Scientists and Managers, Australia under its Rules 3.1, 3.2 and 3.9 who are employed or engaged by a Provider to provide services for the recruitment of professional engineers or scientists or who are employed or engaged in the provision of information technology services to a Provider under a Job Network Employment Services Contract shall not be eligible for membership under subrule P.

(c) The provisions of rule 3.13.3.6 of the rules of The Association of Professional Engineers, Scientists and Managers, Australia shall not operate to exclude from membership of The Association of Professional Engineers, Scientists and Managers, Australia persons who are eligible for membership of the union under subrule P.

(d) Notwithstanding the terms of subrule P, any person employed by IBM Global Services Australia Ltd or IBM Australia Ltd in the provision of information technology services to a Provider under a Job Network Employment Services Contract shall not be eligible for membership of the union under subrule P.

(e) To avoid doubt, the exclusions in subrules (b) and (d) above have no application to eligibility under any other subrules other than sub-rule P.

Q.1 Despite anything to the contrary in these rules, the following persons are eligible for membership of the Union:

(i) persons employed by:

(A) Sensis Pty Ltd but excluding any employee who is eligible to become a member of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and whose employment is subject to the Sensis Advertising & Design Agreement 2003-2004 AG828506 PR938287 and any successor or replacement agreement whether certified, lodged, registered or however constituted; or

(B) Invizage Pty Ltd.

(ii) persons performing work as customer service representatives or telephone operator or a sales representative or a supervisor of the foregoing in Teletech International or any subsidiary of the company within the meaning of the Corporations Act who in the past or are currently performing work for the Commonwealth;

(iii) persons performing work as customer service representatives or telephone operator or a sales representative or a supervisor of the foregoing in Stellar or Sirius or any subsidiary of the companies with the meaning of the Corporations Act;

(iv) subject to the proviso in subrule F(7), persons employed as labour hire employees who, if they were employees performing work of the kind which they usually perform as labour hire employees, would be eligible for membership of the union under sub-paragraph (i) or (ii) of this subrule, or Rule 2 Part A.1(i)(g) or A.1(iv).

Q.2 Provided that persons eligible to be members of the CEPU and employed as tradesman, artisan, draftsman, technical assistant, technical officer, mail officer, linesman, telecommunication technician, telecommunications technical officer, telecommunications electrical worker, postmaster, telegraphist or theatrical, film, television and video technician will not be eligible under this rule.

PART II

SECTION 1

In this section -

(a) References to "this rule" (or similar expressions) shall be construed as referring to this Section only of this rule and shall not be construed as limiting the scope of Section II hereof.

(b) References to persons not being eligible for membership of the Union (or similar expressions) shall be construed as limited to such persons not being eligible for membership under this Section of this rule.

(A) The Union shall consist of an unlimited number of employees employed by -

(i) the Crown in right of any State or States;

(ii) any statutory body representing the Crown in right of any State or States;

(iii) any instrumentality or authority whether corporate or unincorporate acting under the control of or for or on behalf of or in the interest of the Crown in right of any State or States;

(iv) any company or corporation in which at least fifty per centum of the issued shares are held by or for on behalf of or in the interest of the Crown in right of any State or States or if there are no issued shares, in which the governing body by whatever name called includes nominees appointed by or for or on behalf of or in the interest of the Crown in right of any State or States

in or in connection with any one or more of the industries of:

Brickmaking and quarrying

Building and construction

Harbours including dockyards jetties and coastal waters excluding the industry of shipping

Engineering

Finance and investment in commercial or private undertakings or projects and purposes of a non-governmental character excluding the industries of banking and credit unions

Housing including without limiting the generality thereof the acquisition planning survey subdivision improvement sale or lease of land construction of residential premises for sale or lease and management of developed properties

Insurance but in Queensland, to the extent only of persons who are:-

(i) permanent employees of the Queensland Government or (in relation to the Crown in the right of the State) of a Crown Corporation, Crown Instrumentality or Minister representing the Crown; and

(ii) (a) employed in Suncorp Insurance and Finance as that body operated on 1 October, 1991 or any Public Sector successors of that body to the extent that such successor performs the functions of that body, or

(b) employed in the Workers' Compensation Board of Queensland as that body operated on 1 October, 1991 or to public sector successors of that body to the extent that such successor performs the functions of that body.

Manufacturing for commercial or private undertakings of purposes of a non-governmental character

The storage, conveyance and marketing of dairy and farm produce, fish, meat, grain, coal and coke but excluding the sale of any of the foregoing commodities by wholesale or retail

Medical officers and paramedical officers excluding legally qualified Medical Practitioners or persons studying or training to obtain such qualifications

Mining

Power and fuel supply and sale excluding the manufacture distribution or sale of gas however defined provided that this exclusion shall not apply to salaried employees of The Pipelines Authority of South Australia

Printing and publishing provided that the Union shall maintain but not extend its industrial coverage of employees who are covered by Federal or State Awards and Agreements or State or Federal Determinations in the printing industry

Regional Development and redevelopment including without limiting the generality thereof the acquisition planning survey subdivision improvement sale or lease of land for mixed commercial residential and public use

Theatrical and amusements of any kind whether outdoor or indoor or in or about theatre halls sports exhibitions and agricultural shows but not so as to include employees not engaged in administrative and clerical duties and excluding the industry of professional musicians

Tourism including without limiting the generality thereof the acquisition planning survey restoration improvement management and promotion of Zoological and National Parks, places of historic interest, resorts and tourist attractions generally excluding the transport of passengers or goods by land water or air

Universities and colleges of advanced education but not including academic staff

Water conservation and irrigation including without limiting the generality thereof the storage transport inspection control metering and sale of water

(B) The Union shall also consist of an unlimited number of employees employed by -

(i) The Crown in right of any State or States;

(ii) any statutory body representing the Crown in right of any State or States;

(iii) any instrumentality or authority whether corporate or unincorporate acting under the control of or on behalf of or in the interest of the Crown in right of any State or States;

(iv) any company or corporation in which at least fifty per centum of the issued shares are held by or for or on behalf of or in the interest of the Crown in right of any State or States or if there are no issued shares, in which the governing body by whatever name called includes nominees appointed by or for or on behalf of or in the interest of the Crown in right of any State or States

and which employees are engaged in any one or more of the industrial pursuits of

Architects and Naval Architects

Chemical Engineers, Civil Engineers, Communication Engineers, Electrical Engineers, Electronic Engineers, Hydraulic Engineers, Marine Engineers, Mechanical Engineers, Metallurgical Engineers, Mining Engineers, Production Engineers, Radio Engineers, Railway Engineers, Road Engineers, Structural Engineers, Water and Sewerage Engineers and Wireless Engineers

Building Surveyors, Engineering Surveyors, Geodetic Surveyors and Computers, Hydrographic Surveyors, Land Surveyors, Marine Surveyors, Mining Surveyors, Quantity Surveyors, Survey Computers and Topographical Surveyors

Architectural Draughtsmen, Cartographers, Cartographic Draughtsmen, Chemical Engineering Draughtsmen, Civil Engineering Draughtsmen, Electrical Engineering Draughtsmen, Engineering Draughtsmen, Estimating Draughtsmen, Hydraulic Engineering Draughtsmen, Jig and Tool Draughtsmen, Marine Engineering Draughtsmen, Mechanical Engineering Draughtsmen, Mining Engineering Draughtsmen, Photogrammetric Draughtsmen, Production Engineering Draughtsmen, Radio Engineering Draughtsmen, Railway Engineering Draughtsmen, Road Engineering Draughtsmen, Ship Building Draughtsmen, Structural Draughtsmen, Survey Draughtsmen, Water and Sewerage Engineering Draughtsmen, Wireless Engineering Draughtsmen and Technical Illustrators

Medical officers including paramedical officers excluding legally qualified Medical Practitioners or persons studying or training to obtain such qualifications

Tracers

Certified Mine Managers, Engineering Inspectors, Building Inspectors, Testers of Engineering Materials, Supervisors of Engineering Production, Planners of Engineering Production, Construction or Maintenance Work, Weather Officers

Technical Assistants and Technical Officers

Social Welfare Work, Child Care, Provision of Social Services, Charity Work and without limiting the generality of the foregoing probation and parole services including rehabilitation programme management, youth and community services, ethnic affairs, drug referral and rehabilitation, child and family care services, retarded persons services, mental health services and counselling in institutions, community centres and crisis service areas

Non-academic staff employed by Universities and Colleges of Advanced Education

(C) The Union shall also consist of such other persons (not being any persons employed by any employer excluded in Rules 3(A) or 3(B)) as are officers of the Union or who may lawfully be or become members of a registered organisation of employees having the constitutional coverage and eligibility for membership set forth in sub-rule (A) and (B) of rule 3. Constitution of the rules of the Union.

(D) In the State of New South Wales the Union shall also consist of -

(a) Employees of the Crown in Right of the State of New South Wales; for the purposes of this Constitution the term "employees of the Crown" without limiting the ordinary meaning of the term shall include employees of any person, firm, board, trust, company or corporation employing persons on behalf of the Government of the State; and

(b) Foreman Engineers and Administration Officers exercising supervisory duties employed by the Board of Fire Commissioners; and

(c) (i) Employees who are graduates or graduands of a recognised university or who hold a diploma of a recognised body and who are engaged or usually engaged in any of the following callings or avocations whether as principal or assistant employees or employees in training in a public or private hospital or public dental clinic, namely:

Bacteriologist, Pathologist, Medical Scientist, Scientific Officer (other than Medical Technologist), Bio-Medical Engineer, Physician, Surgeon, Psychologist, Dental Scientist, Dentist, Optometrist, Oculist, Audiologist, Speech Therapist, Occupational Therapist, Music Therapist, Dietician, Librarian, Medical Record Librarian (or Administrator), Social Worker, Physiotherapist, Welfare Officer, Health Education Officer, Alcoholism Counsellor, Nurse Counsellor, Chiropodist (or Pediatrist); together with such other employees who are engaged or usually engaged in the callings or avocations of Welfare Officer, Health Education Officer, Nurse Counsellor and Alcoholism Counsellor, Chiropodist (or Pediatrist), whether as principal or assistant employees or as employees in training and who hold a certificate of a technical college or of an institution deemed by the employer to be of similar standing.

(ii) Employees of any organisation registered or exempt from registration under the Charitable Collections Act, 1934, as amended, who are graduates or graduands of a recognised university or who hold a diploma of a recognised body and who are engaged or usually engaged in any of the following callings or avocations whether as principal or assistant employees or as employees in training, namely:

together with such other employees who are engaged or usually engaged in the callings or avocations of Welfare Officer, Health Education Officer, Nurse Counsellor, Alcoholism Counsellor, Chiropodist (or Pediatrist), Child Care Officer, Library Officer or Remedial Gymnast, whether as principal or assistant employees or as employees in training and who hold a certificate of a technical college or of an institution deemed by the employer to be of similar standing but excluding employees howsoever qualified who are engaged or usually engaged in the callings or avocations of Child Care Officer, Library Officer or Remedial Gymnast in a Domiciliary institution operated by an organisation registered or exempt from registration as aforesaid.

(iii) Employees who are engaged or usually engaged in the callings or avocations whether as principal or assistant employees or as employees in training of School Dental Therapist, Dental Chairside Assistant or Dental Technician in a public hospital or by an organisation registered or exempt from registration under the Charitable Collections Act, 1934, as amended, or a public dental clinic.

(iv) Provided that in the case of the callings or avocations of Nurse Counsellor, Alcoholism Counsellor, Child Care Officer, Welfare Officer and Health Education Officer;

(I) The certificate referred to above shall require at least two years full-time or three years part-time post Higher School Certificate level study.

(II) The institution referred to above is reasonably and properly 'deemed' by an employer.

(III) The employees are or should be reasonably and properly designated and classified as Nurse Counsellor, Alcoholism Counsellor, Child Care Officer, Welfare Officer and Health Education Officer respectively.

(d) Persons employed by -

(i) Colleges of Advanced Education;

(ii) The University of New South Wales, the University of Newcastle, the University of Wollongong or any Universities formed from a College of these Universities;

(iii) Agriculture Colleges;

including in each case

Foreman, Laboratory Craftsmen and those employed in a supervisory capacity

(iv) Persons employed by, or usually employed by or on behalf of The University of Sydney, Macquarie University and the University of New England in or in connection with one or more of the following industries or industrial pursuits

General Library Assistants, Library Assistants, Senior Library Assistants, Assistant Librarians, Librarians, Librarians-in-Charge, Senior Librarians, Library Technicians, Assistant Library Technicians and Library Officers.

(e) The employees of the United Dental Hospital of Sydney.

(f) Employees of the administrative, clerical and general staff of the Legislative Assembly and of the Legislative Council.

(g) Senior executives, managers - country branches, inspectors, sales supervisors, engineers, laboratory staff, floor and production management and senior clerical officers employed by the New South Wales Egg Corporation.

(h) Persons in the Departments of Education or Technical and Further Education, Colleges of Advanced Education and in such other Departments, Sub-Departments or Institutions who are employed by any New South Wales Education Commission or its agents.

(i) Associates to Justices.

(j) Without in any way limiting the application of paragraphs (a) and (c) hereof:

(i) Persons employed in regional offices of any Department of State or corporation or body established by statute of the State of New South Wales administering or providing health services in the State of New South Wales and including such persons whose employment fulfils a function of such a regional office but who, due to the nature of their duties, are not employed within the precincts of that office.

(ii) Persons employed in or by area or community health services (howsoever called) other than persons engaged in non- professional duties in,

(a) a State Public Hospital;

(b) a community health centre located within the precincts of a State Public Hospital; or

(c) an area health service (not being a community health centre) located outside the precincts of a State Public Hospital.

For the purposes of this sub-paragraph the term "non- professional" duties shall mean duties other than those performed by the persons described in paragraph (D)(c) of this rule.

(iii) Persons, other than those described in paragraph (D)(c) of this rule, employed at the Sexually Transmitted Diseases Clinic and the Medical Examination and Immunisation Centre whilst such establishments are operated at locations not within the precincts of a Public Hospital by which such persons are employed.

(iv) Persons employed in or by or in connection with the administration of:

The Drug and Alcohol Authority

New South Wales State Cancer Council

The United Hospitals Auxiliary

The Institute of Psychiatry

(v) Persons employed in or by or in connection with the administration of any body (whether incorporated or unincorporated) established for the purpose of registering persons for the practice of any profession, calling or vocation in the State of New South Wales.

(vi) For a period of three years from the making of an order pursuant to the Health Administration Act, 1982, persons other than those referred to in sub-paragraphs (i) - (iv) hereof, who by virtue of that order would not otherwise be eligible for membership in the Union, provided that at the time of the making of the order such persons were members of the Union.

Provided that nothing in this paragraph shall render eligible for membership in the Union persons engaged in the professions of nursing or mental nursing employed as trained nurses, trainees and assistants in nursing.

(k) Without limiting the generality of the foregoing paragraphs hereof, persons employed in or in connection with the provision of or rendering of medical and/or para-medical services in penal or like establishments deemed or proclaimed to be a prison pursuant to the Prisons Act, 1952, to persons incarcerated or otherwise detained.

(l) Persons employed at the Sydney Entertainment Centre in administrative, clerical, technical, professional or managerial capacities, including employees of any lessee of the Centre for operation as a place of entertainment, provided such persons are not employed to perform front-of-house activities nor engaged in any other capacity in or in connection with the selling of goods.

(m) Employees of the Australia Music Centre Ltd., and of any successor, assignee or transmittee of the business and/or functions of the said corporation or any part thereof.

(n) Without limiting the generality of any of the foregoing paragraphs hereof, all employees of the Joint Coal Board and any successor in law to it or any legal entity, whether corporate or unincorporated and whether or not owned by or on behalf of the Crown in right of the State of New South Wales, carrying on the functions described in the Coal Industry Act 2001 (NSW).

(o) Employees of the Totalizator Agency Board of N.S.W. performing duties for which the commencing salary is above the highest salary level for Branch Assistant Manager.

(p) Persons employed as barristers, solicitors, barristers and solicitors, lawyers, legal officers, attorneys, patent attorneys or in any other position or under any other title for which the holder is required to possess legal qualifications or be registered as a legal practitioner or hold a practising certificate as a legal practitioner.

(q) Employees of Coleambally Irrigation Co-operative Limited, Jemalong Irrigation Limited, Lower Murray Irrigation Limited, Murray Irrigation Limited, Murrumbidgee Irrigation Limited and any successor in law to any of the aforesaid, employed as administrative and clerical staff, clerks, clerical officers, professional officers (excluding professional engineers), channel attendants, senior channel attendants, senior operations officer, operations manager, works manager, weeds inspectors, mechanical inspectors, mechanical service officers, technical officers, operations superintendents, engineering assistants, field officers environmental, field officers water distribution channel attendants (excluding field officers employed to carry out general labouring duties).

(r) Employees of the Museum of Contemporary Art.

(s) Persons employed or engaged to work in:

(i) any private correctional facility, other than the Junee Correctional Centre; and

(ii) prisoner transport, including the provision of security escort services to and from correctional facilities, court and/or hospitals

Provided that nothing in this sub-paragraph will render teachers or nurses eligible for membership of the Union.

Provided further that nothing in this sub-paragraph will render employees eligible for membership of the Union who are:

(a) not directly employed or engaged by operators of correctional facilities or prisoner transport activities; and

(b) who are employed, or who become employed, performing either construction, refurbishment or installation work in private prisons or the maintenance or repair of private prison transport vehicles.

(E) In the State of South Australia the Union shall also consist of an unlimited number of persons -

(a) Employed permanently or temporarily in the Public Service within the meaning of the Government Management and Employment Act, 1985.

(b) Employed by or under any Board, Trust, Commission, Commissioner, Committee, or other public or statutory authority, appointed by the South Australian Government.

(d) Employed on annual salary in any hospital or institution by or under the control of the South Australian Government.

(e) Employed by the Board or Committee of Management of the Adelaide Children's Hospital Incorporated, The Queen Victoria Hospital Incorporated, Lyell McEwin Hospital Incorporated, The Julia Farr Centre Incorporated, Minda Home Incorporated and any Hospital or Health Centre Incorporated under the South Australian Health Commission Act 1975-1976 as amended and any other public or country community hospital or health centre.

(f) Employed as Executive Officers or in administrative, managerial or in a professional capacity by the Foundation for Multi Disciplinary Education in Community Health.

(g) Employed as nurses by the following State Government Hospitals - The Royal Adelaide Hospital, the Queen Elizabeth Hospital, the Flinders Medical Centre, The Modbury Hospital, the Whyalla Hospital, Port Pirie Hospital, Port Augusta Hospital, Port Lincoln Hospital, Mount Gambier Hospital, Walleroo Hospital, Ru Rua Nursing Home.

(h) Employed as nurses who are Public Servants within the meaning of the Government Management and Employment Act, 1985 and in particular but without limiting the generality thereof, senior mental health nurses.

(i) Employed as nurses pursuant to direct Ministerial appointment (but not persons employed by "subordinates" of any Minister in respect of whom the Minister's consent only is required) and in particular, but without limiting the generality thereof, nurses employed pursuant to s.6 of the Alcohol and Drug Addicts (Treatment) Act 1961-1971.

(j) Employed as nurses in the following psychiatric hospitals and institutions, Enfield Hospital, Glenside Hospital, Hillcrest Hospital, Willis House, Palm Lodge, the Psychiatric Day Hospital, Strathmont Hospital who were members of the Union as at 17 April, 1980, who remain members continuously thereafter.

(k) Employed as nurses by the Health Commission, any community health centre, the Queen Victoria Hospital, Minda Home, country community hospitals who were members of the Union as at 17 April, 1980, who remain members continuously thereafter.

(l) Employed as Dental Nurses.

(m) Notwithstanding anything contained in this rule, persons employed by the State Transport Authority of South Australia in a supervisory, clerical, administrative or inspectorial capacity who are members of the Federation as at 20th day of August, 1993 for so long as they remain members of the Federation and engaged in a supervisory, clerical, administrative or inspectorial capacity within the STA of SA.

(n) Employed in any capacity by The Crippled Children's Association of South Australia Incorporated, excluding persons eligible for membership of the Australian Nursing Federation.

(o) For the purpose of giving effect to the orders made on 9 May 1997 and recorded in Print P0067, with effect from 1 October 1997 and subject to further order of the Commission to vary or set aside the orders, employed in any administrative, clerical, managerial, or professional capacity by United Water International Pty Ltd, provided that any person employed by United Water International Pty Ltd:

(i) in any technical capacity, other than those persons who were members of the Union at 12 November 1996 and who retain that membership;

(ii) in any supervisory positions in non-clerical or non-administrative structures, including positions designated as "plant superintendent", other than those persons who were members of the Union at 12 November 1996 and who retain that membership;

(iii) as Managing Director or those Executive Managers that report directly to him or her, other than those persons who were members of the Union at 12 November 1996 and who retain that membership; and

(iv) who is eligible for membership of the Union only by virtue of this paragraph and who is eligible for membership of the Australian Liquor, Hospitality and Miscellaneous Workers Union of Australia other than those persons who were members of the Union at 12 November 1996 and who retain that membership

shall not be eligible for membership of the Union.

(F) In the State of Tasmania the Union shall also consist of an unlimited number of persons employed in a permanent or temporary capacity by -

(a) the State;

(b) a State Authority which means any persons or body of persons or Authority, whether corporate or unincorporate, which is constituted or established under the authority of any Act or under Royal prerogative for the State of Tasmania;

(c) a State public hospital which means any hospital receiving aid from the State that is prescribed as a State public hospital and with which a board is charged with the management, maintenance, and regulation. Provided that nothing in this paragraph shall render eligible for membership of the Union any person employed on the general staff and/or nursing staff of a State public hospital in the State of Tasmania.

(G) In the State of Victoria the Union shall also consist of -

(a) Persons employed in the Public Service of Victoria or employed in any State instrumentality or other undertaking carried on by public authorities, commissions, or corporations under any State charter, statute, enactment, or proclamation of the State of Victoria and including any such person transferred or on loan to the Public Service of another State or to any instrumentality or other undertaking carried on under any statute, charter or enactment or proclamation of any State.

(b) Notwithstanding anything contained in this rule, persons employed by the Rural Water Corporation, Wimmera Mallee Rural Water Authority, Southern Rural Water Authority, Gippsland Rural Water Authority, Goulburn Murray Rural Water Authority and Sunraysia Rural Water Authority where the functions and activities of those bodies were undertaken by the Rural Water Corporation as at 22 November 1993.

(d) Persons registered as dental therapists under the Dental Practices Act 1999 or licensed as dental therapists under the Dentist Act 1972, wherever employed.

(e) Persons employed or engaged in:

(i) any private correctional facility, including but not limited to Fulham Correctional Centre, Port Phillip Correctional Centre and the Melbourne Custody Centre; and

(II) employed as teachers in a Technical-High School or in a High School with a technical education component or a post-primary school;

(III) employed as student teachers by the Education Department in technical and further education institutions or in the Technical and Further Education Teaching Service or by a technical and further education institution;

(IV) registered by the Victorian Technical Teachers' Education Board or by the Technical and Further Education Teaching Service Registration Board and are employed by the Victorian Institute of Secondary Education or the Victorian State Board of Education or any Victorian Technical and Further Education Board to perform professional duties requiring teaching qualifications;

(V) registered or eligible to be registered by the Technical Teachers' Registration Board, the Secondary Teachers' Registration Board or the Primary Teachers' Registration Board and are members of the Victorian Teaching Service employed in non-school positions to perform professional duties requiring teacher qualifications;

(VI) registered by the Victorian Secondary Teachers' Registration Board and employed in the secondary schools of the Education Department as teachers, librarians, instrumental teachers, remedial teachers, language assistants or persons who are employed by the Victorian Institute of Secondary Education or the Victorian State Board of Education to perform professional duties requiring teaching qualifications or in school to work transition programmes;

(VII) employed in the teaching service of the Education Department;

(VIII) who teach or supervise teaching -

(i) in day training centres registered pursuant to the Mental Health Act 1959 (Victoria) or any Act in substitution or amendment thereof, or

(ii) in institutions in Victoria for the education of the socially, physically, sensorily, educationally or intellectually handicapped, or

(iii) in institutions conducted by the Victorian Institute of Education Administration.

(g) (i) Caretakers, cleaners, domestic arts maids, gardeners, home economics assistants, security officers (other than administrative/clerical or above the level of leading hands) and teacher aides (but not excluding ancillary staff in the same areas, such as persons employed as clerical assistants, technical assistants, typists, library assistants, laboratory assistants and attendants, administrative officers and the like) employed other than as permanent or temporary officers of the Victorian Public Service by the Ministry of Education or Schools' Councils constituted pursuant to the Education Act 1975 as amended;

(ii) Caretakers, cleaners, gardeners, laundry workers, security officers (other than administrative/clerical or above the level of leading hands) and teacher aides (but not excluding ancillary staff in the same areas such as persons employed as clerical assistants, technical assistants, typists, library assistants, laboratory assistants and attendants, administrative officers and the like) employed other than as permanent or temporary officers of the Victorian Public; Service by Colleges of Technical and Further Education pursuant to Section 3 of the Post Secondary Education Act 1978 as amended;

(iii) Caretakers, cleaners, gardeners, security officers (other than administrative/clerical or above the level of leading hands) and teacher aides (but not excluding ancillary staff in the same areas, such as persons employed as clerical assistants, technical assistants, typists, library assistants, laboratory assistants and attendants, administrative officers and the like) employed other than as permanent or temporary officers of the Victorian Public Service by Colleges of Advanced Education constituted pursuant to the Post Secondary Education Act, 1978 as amended;

(iv) Persons who are employed under Section 41A of the Public Service Act, 1974 or any successor thereto and whose wages or conditions of service are governed by any of the following awards or any instrument successor thereto in relation to such employees in the administrative units listed hereunder or any successor thereto had such employees been employed in their present employment as at 11th November 1986. The awards referred to are:-

(a) The Award of the Cleaners' Conciliation and Arbitration Board; known colloquially as the Cleaners' Award.

(b) The Award of the Security Employees' Conciliation and Arbitration Board, known colloquially as the Security Employees' Award.

The Administrative Units referred to are:-

The Department of Property and Services, the Ministry for the Arts, the Law Department, the Ministry for Housing and the Department of Agriculture and Rural Affairs.

(v) Parking Officers and community guardians employed under Section 41A of Division 8 of the Public Service Act 1974 and/or any successor thereto;

(vi) Jury keepers (but not so as to exclude jury pool supervisors);

(vii) Animal attendants, caretakers, cleaners, gardeners, security officers, zoological keepers employed by the Zoological Board of Victoria (other than administrative/clerical or above a level equivalent to that of leading hands);

(viii) Dental Technicians and Dental Nurses employed by the Cancer Institute, the Royal Dental Hospital, Melbourne or by any hospital registered pursuant to the Health Commission Act, 1977 or other than as permanent or temporary officers of the Victorian Public Service by Community Health Centres;

(ix) Persons employed in pre-school kindergartens, centres for day or part-day care of children, day or part day nurseries and children's play centres, employed other than as permanent or temporary officers of the Victorian Public Service or except where the functions of such undertakings are carried on within the Victorian Public Service or where such functions are transferred or relocated outside the Victorian Public Service or become carried on by persons redeployed from employment in or by the Victorian Public Service.

(h) (i) persons employed in the Public Service of Victoria in the classes or grades listed in Schedule 5 of the Salary Schedules made by the Public Service Board under the Public Service Act 1974 (Vic) in psychiatric, intellectual disabilities and alcohol and drug services;

(ii) persons whose employment is within the jurisdiction of the Health Professional Services Conciliation and Arbitration Board established pursuant to the Industrial Relations Act 1979 (Vic) as at 31 July 1992;

(iii) persons whose employment is within the jurisdiction of the Health and Allied Services Conciliation and Arbitration Board established pursuant to the Industrial Relations Act 1979 (Vic) as at 31 July 1992;

EXCEPT FOR:

persons employed in the Public Service of Victoria in the classifications or grades listed in the Schedules 1-4 of the Salary Schedules who are members of the SPSF as at 12 August 1992 and who remain members of the SPSF and who become employees of another employer as a consequence of the process of integration of services currently provided by the Health Department of Victoria into the public hospital system.

(j) Persons employed in the public and/or private health and community services sector in the State of Victoria who satisfy the conditions of eligibility for membership of the Health Services Union of Australia as at 18 April 1994.

shall not be within the industries in connection with which the Union is formed.

(xii) In the State of Tasmania -

(a) Persons who are members of the Police Force of Tasmania or who are undergoing a full-time course of training the object of which is to qualify such persons for employment as members of the Police Force of Tasmania

(b) Persons employed in or in connection with theatrical and amusements of any kind, other than persons employed upon:

I Clerical duties

II Administrative duties

III Professional and/or management duties, not being duties which are an element of Front-of-House or Back-of-House functions

Provided that the following persons shall not be excluded from membership of the Union by this sub-paragraph

Persons employed in zoological parks

Persons employed in or in connection with the operation and administration of Lotteries howsoever described

Persons employed by Totalizator Agency Boards and like organisations providing betting services of any kind but not so as to include Front-of-House staff employed in casinos and like venues

Persons employed by or in connection with the operation of Sporting or Gaming Control Boards howsoever described

Persons employed in or in connection with Departments of Sport and Recreation howsoever described

(I) teachers, (including part time and/or relieving teachers, teacher librarians, student counsellors (not being counsellors engaged in Social Welfare work or in the practice of social work or psychology or medicine), supervisors and educational officers or any such other classification of employment incidental to education) engaged in kindergartens, pre-schools, infants, primary, secondary, senior secondary and technical and technical and further education under the control of the Government of Tasmania and such teachers seconded as officers or permanently employed as officers of the Service and Guidance Services branches of the Education Department;

(II) employed as professional officers in the Education Department to perform professional duties requiring teaching qualifications;

(III) Recreation Officers in the Education Department;

(IV) part-time and/or temporary relieving teachers employed by the Government of Tasmania;

(V) teachers in training on Government studentships

(d) (i) persons employed in the Department of Education except professional, administrative, clerical, technical and supervisory (above the level of leading hand) staff, teacher aides (including, but not limiting the generality thereof, aide, audio-visual aide, kindergarten aide, kindergarten teacher's aide, teacher's aide, teachers assistant, library aide, bus aide, laboratory aide, library assistant, recreation assistant, visual aides assistant, library/home economic aide, childcare aide), office assistant, machinist, bus driver, driver, store-man, stores officer, material storeman, and employees at the Media Centre Hobart and the Science Centre, Hobart.

(ii) cleaners other than employed by the employing authority for public hospitals.

(iii) ferry workers employed by Transport Tasmania.

(iv) traffic wardens.

(v) persons employed by the employing authorities for boarding schools and/or student hostels.

(vi) persons performing work presently classified as utility officer in the Department of Education whether or not the same are included in paragraph (i) hereof.

shall not be within the industries in connection with which the Union is formed.

SECTION II

The Union is also formed in connection with the industry covering the following:

(a) The Crown in the right of the States of New South Wales and Queensland; and

(b) Any Statutory Corporation, Instrumentality, Authority or other similar statutory body, whether corporate or unincorporate, established by the Crown in the right of the States of New South Wales and Queensland; and

(d) Any educational institution in the State of Queensland designated as a University or College of Advanced Education;

(e) The Mater Misericordiae Hospitals in the State of Queensland: and

(f) The Australian Red Cross Society (Queensland Division), Blood Transfusion Service.

and without limiting the generality of the foregoing shall include the following:

In New South Wales

(a) The Public Employment Industrial Relations Authority, or

(b) The Water Conservation and Irrigation Commission, or

(d) The Electricity Commission of New South Wales, or

(e) The Maritime Services Board of New South Wales

In Queensland

(a) Chief Executives of State Government Departments under the Public Service Management Act 1988,

(b) General Manager, State Government Insurance Office,

(d) The Councils of Colleges of Advanced Education in Queensland,

(e) The Cane Prices Board,

(f) The Council of the Queensland Institute of Medical Research,

(g) The Chairman of the Metropolitan Public Abattoir Board,

(h) Public Hospitals Boards in Queensland (Established under the Queensland Hospital Act),

(i) The Parliamentary Services Commission,

(j) The Queensland Corrective Services Commission.

SECTION III

1. Without in any way limiting or being limited by the provisions of sections I and II of this Rule the Union shall consist of an unlimited number of persons, other than academic staff, who are:

(a) Employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by Murdoch University, Edith Cowan University, the University of Western Australia, Curtin University of Technology and The University of Notre Dame Australia; or

(b) Employees employed by Macquarie University; or

(d) Employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by the University of New England; or

(e) Employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by the Southern Cross University; or

(f) Employees employed by the University of Sydney; or

(g) Employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by the University of New South Wales and the University of Newcastle (other than employees employed by those two universities in their medical schools); or

(h) Employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by Charles Sturt University or the University of Wollongong; or

(i) Employed in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by the University of Melbourne, or LaTrobe University or the Victorian College of Agriculture and Horticulture Limited; or

(j) Employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by the University of Tasmania; or

(k) Employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by the University of Adelaide; or

(l) Employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by Flinders University of South Australia; or

(m) Employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by the University of South Australia; or

(n) Employees in professional and technical (except trades up to and including the level of leading hand) occupations (but not including administrative or clerical occupations) employed by the University of Queensland or Griffith University, or James Cook University of Northern Queensland, or Queensland University of Technology, or the University of Central Queensland, or the University of Southern Queensland; or

(o) Employees in professional (other than engineering), administrative and clerical occupations employed by the University of New South Wales at the Australian Defence Force Academy; or

(p) Employees in professional and technical (except trades up to and including the level of leading hand) occupations (but not including administrative or clerical occupations) employed by the Australian Catholic University in Queensland; or

(q) Employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by the Australian Catholic University in New South Wales; or

(r) Employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by the University of Canberra; or

(s) Employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed by the Northern Territory University.

(t) Employees in all professional, administrative, clerical, computing and technical occupations (not including catering, cleaning, security, parking attendants, caretakers and handy persons, gardening, child care, trades up to and including the level of leading hands, and health, fitness and leisure instructors and attendants, but including managerial positions) employed by student unions, associations, guilds or councils howsoever titled in higher education in New South Wales, Tasmania and Northern Territory.

2. In the interpretation of the terms professional, administrative, clerical, technical and trades occupations which appear in this rule (with the exception of Rule 3, Section 3(1)(n)), assistance in the ascertainment of the meaning of those terms shall be given by consideration of the broad functions described in, and the indicative classifications set out in the demarcation agreement between The State Public Services Federation and the Federated Miscellaneous Workers Union relating to coverage of general staff in Higher Education dated 24 August 1990 [which agreement is set out as Schedule A to these Rules].

3. Notwithstanding anything contained elsewhere in these rules all professional, administrative, clerical, computing and technical (except trades up to and including the level of leading hand) occupations of non-academic staff employed by or in Howard Florey Institute, the Walter and Eliza Hall Institute, the Ludwig Institute and the Murdoch Institute but not so as to include persons registered or enrolled or entitled to be registered or enrolled by any nursing authority, practitioners not engaged in research and/or teaching and medical practitioners engaged in a research and/or teaching capacity who are also employed by a teaching hospital; and, persons employed by the Victorian Clinical Genetics Service Ltd shall not be eligible for membership.

SECTION IV

Without in any way limiting or being limited by the provisions of Sections I, II or III of Part II of this Rule, the industries in or in connection with which the Union is formed are the activities carried on by an unlimited number of persons employed in or in connection with the administration of superannuation schemes operating for the benefit of persons eligible for membership of the Union; except persons eligible to be members of the Australian Municipal, Administrative, Clerical and Services Union employed to administer the:

Local Authorities Super Pty Limited (Vic), Quadrant Superannuation Fund (TAS), Local Government Super Scheme (SA/NT), West Australian Local Government Superannuation Plan (WA), Western Power Superannuation Fund (WA), Queensland Local Government Superannuation Scheme, Brisbane City Council Superannuation Plan, Queensland Electricity Supply Industry Employees Superannuation Scheme, Local Government Industry Superannuation Fund (NSW), Energy Industry Superannuation Scheme Pty Ltd (NSW) and successor funds.

PART III

Independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be eligible for membership of the Union under Part I or Part II of this Rule shall be eligible for membership of the Union.

PART IV

No restriction or qualification to the description of industry under Part I of this Rule shall restrict or qualify the description of industry under Part II of this Rule and no restriction or qualification to the description of industry under Part II of this Rule shall restrict or qualify the description of industry under Part I of this Rule.

SCHEDULE A

AGREEMENT DATED 24 AUGUST 1990 BETWEEN SPSF AND FMWU RELATING TO COVERAGE OF GENERAL STAFF IN HIGHER EDUCATION

PREAMBLE

1. FMWU and SPSF reaffirm their commitment to the ACTU policy on union rationalisation as adopted by the 1989 ACTU Congress. SPSF and FMWU are prepared to co-operate in a constructive manner with the progress of union rationalisation under the auspices of the ACTU provided that ACTU policy is applied in a consistent and practical manner across industries and between affiliates. The Interpretation of policy must be applied in a practical way having regard to the coverage in each industry and the various sectors in each industry. The definition of the industry is therefore crucial and must provide for an analysis of an industry to allow recognition of the different sectors and sub-industries. This may result in union coverage and status in sectors, states and territories being different.

2. The issue of union coverage of general staff in higher education is currently being considered by the Australian Industrial Relations Commission under s.118. The ACTU has intervened in the proceedings. Following the authorisation of the majority of unions in the area for the ACTU to make a determination on the appropriate form of union rationalisation in the general staff area the ACTU officers put forward a position to a meeting of unions on 13 July 1990 and later that day to the Commission. That proposal defined the industry as a single industry made up of academic staff and general staff. as a result of this definition it was determined that there was currently no union which could claim to have principal union status as no union could currently cover both academic and general staff. It was proposed that there be 8 significant unions - FAUSA, UACA, SPSF, FMWU, HREA, FCU, ADSTE, VCUSA. It was further reported that should FAUSA (University Academics), UACA (College Academics) and VCUSA (representing approximately 40% of the unionised general staff in Victoria) amalgamate they may be given principal union status with rights to recruit all academic and general staff across Australia. both SPSF and FMWU have formally rejected this proposal on the following grounds:

2.1 Higher education is made up of two main groups of employees - academic and general staff (which in turn is broken down into white and blue collar work sectors). The development of union coverage has recognised the differing interests of these two groups (the only overlap being FAUSA's ability to cover a small number of senior administrative staff in South Australia and Victoria). The distinction between the groups is recognised by the AIRC and the ACTU in relation to the separation of awards applicable to general and academic staff in higher education. A similar distinction has been made by the ACTU under the proposals in the health industry which distinguishes between nursing and other health staff. SPSF and FMWU reject the view that academic and general staff should be in one union. The AHEIA (the employer organisation) has also rejected the concept of one union covering academic and general staff.

2.2 SPSF and FMWU collectively represent over 50% of the unionised workforce (SPSF has over 8,000 general staff members and FMWU has around 2,500). FMWU has constitutional coverage amongst general staff in all higher education institutions in Australia. SPSF has members in all institutions in the States. We reject the proposal that an amalgamation of the academic staff unions with a small state based union (VCUSA affiliated to the ACTU in September 1989 on the basis of 2,500 members) could legitimately extend their constitutional rules to cover all general staff. SPSF and FMWU do not believe it is appropriate that a union which does not have current constitutional coverage for at least a major proportion of an industry or an industry sector should be able to obtain principal union status pursuant to ACTU policy.

2.3 It is the view of SPSF and FMWU that higher education should be considered in terms of the distinct sectors with principal union status being determined in terms of each of those sectors. FMWU and SPSF believe there are three distinct areas within higher education which are dominated by three unions, these are: academic - FAUSA/UACA; `white collar' (i.e. administrative/clerical, technical and professional) - SPSF; `blue collar' (i.e. general services) - FMWU.

It is upon this joint position on the appropriate approach to union coverage that the following demarcation is based.

DEMARCATION AGREEMENT.

1. This agreement between the FMWU and SPSF shall apply in all institutions currently in existence and those to be formed in the future with the exception of those in the Northern Territory (which shall be covered solely by the FMWU). It is agreed that this demarcation agreement shall replace the previous agreement between SPSF and FMWU concerning McAuley College. It is further agreed that this agreement is without prejudice to and current or future demarcation arrangements, or discussions relating thereto, between FMWU and SPSF.

2. It is agreed that the FMWU areas of coverage shall be in the following areas (howsoever designated).

* Security and Cleaning

Indicative classifications: Security Officers, Security Attendants, Patrolpersons, Gatekeepers, Traffic Officers, Watchpersons, Parking Attendants, Cleaners, Car Detailers, Ushers, Doorkeepers, Parking Inspectors.

* Residential/Building Services

Indicative classifications: Caretakers, Tea Attendants, Cooks, Domestics, Lift Attendants, Custodians, Handypersons, Porters, Housepersons, Kitchenhands, Counter Assistants, Laundry Workers, Storeworkers, Cellar Hands, Waiters, Shop Assistants, Stewards, Dry Cleaners, Retiring Room Attendants.

* Outside Services

Indicative classifications: Gardeners, Groundspersons, Machinery Operators, Mower Operators, Maintenance Labourers, Trade Assistants, Farmhands, Nursery Workers, Curators, Turf Management, Labourers, Horticulturalist, Messengers, Animal Attendants.

* Trades

Indicative classifications: Mechanical/Electrical, Cooks, butchers, Plumbers, Painters, Building Trades.

* Child Care

Indicative classifications: Child Care Workers, Aides, Directors.

3. (a) It is agreed that the FMWU shall cover all the above classifications up to and including the level of Leading Hand. Those classifications above the level of Leading Hand shall be covered by SPSF.

(b) It is agreed that where a classification involves mixed functions where a major or substantial part of the functions are those of classifications covered by the SPSF that classification shall be covered by the SPSF.

(c) It is agreed that where a classification involves mixed functions where a major or substantial part of the functions are those of classifications covered by the FMWU that classification shall be covered by the FMWU.

4. It is agreed that SPSF shall cover the following areas (howsoever designated).

* Administrative/Clerical (other than Queensland)

Indicative classifications: Clerical Officers/Assistants, Administrative Officers/Assistants, Senior, Principals, Secretaries, P Operators, Typists, Stenographers, Photocopying Assistants, Supply Assistant, Finance Officers/Assistants, Personnel Officers, Industrial Relations Officers, Registrars, Assistant Registrars, Property Services Officers/managers, Publicity Officers/Public Relations Officers, Supervisors, Training Officers, Transport Officers, House Officers/Assistants, Building Supervisors, Bursars, Educational Services Officers, Registry Officers/Assistants, Telephonists, General Assistants (Clerical), Gallery/Museum Attendants, Sports Centre/Swimming Pool Attendants.

* Professional

Indicative classifications: Professional Officers, Scientific Officers, Research Officers/Assistants, Legal Officers, Architects, Engineers, Computer Systems Officers, Computer Programmers, Agronomists, Accountants, Actuaries, Archivists, Cartographers, Dentists, Doctors, Nurses, Dental Assistants, Draftspeople, Economists, Librarians, Library Technicians, Library Assistants, Library Attendants, Library Officers, Occupational Therapists, Photographers, Journalists, Psychologists, Physiotherapists, Social Workers, Counsellors, Statisticians, Systems Analysts, Welfare Officers, Veterinarians, Veterinary Assistants, Graphic Artists/Designers, Artists, Projectionists, Animal Nurses.

* Technical

Indicative classifications: Technical Officers/Assistants, Laboratory Assistants/Craftspeople Attendants, Seniors, Managers, Technicians, Audio-Visual Technician, Medical Technologist, Maintenance Officer/Supervisor, Reprographic Manager, Printing Assistants, Printers, Offset Operators, Supervisors, Computer Operators, Clerk of Works, Photographic Operator, Photographic Assistants, Photo Typesetter, Safety Officers, Glassblowers, Glass Attendants.

5. Other Unions

(a) SPSF and FMWU recognise the significant membership of HREA at Sydney University, the University of New England, Macquarie University and at the Australian National University. Whist neither union seeks to disturb HREA's coverage at these institutions it is the long term view of SPSF and FMWU that HREA should reconsider its involvement in the higher education industry.

(b) SPSF and FMWU recognise the demarcation between SPSF and FCU in relation to clerical staff in higher education in Queensland.

(c) The SPSF and FMWU agree that no unions currently with constitutional capacity and membership in the higher education industry should be required to vacate involvement in the industry without full discussion and by an agreed process in consultation with the SPSF, FMWU and other unions with continuing involvement in the industry.

6. Recruitment and Representation

FMWU and SPSF agree that where possible the two unions shall co-operate in joint recruitment exercises particularly in those areas which have been under unionised in the past.

7. Implementation of this Agreement

(a) It is agreed that Branch Officers of SPSF and FMWU will identify those classifications where it has been agreed that union coverage (subject to sub-clause (g) of this clause) shall change (based on the above list of indicative classifications) and should examine at first instance any areas or classifications where there is some doubt as to the appropriate union coverage and endeavour to determine such questions. Should any question or dispute arise regarding the appropriate union coverage not be settled between Branch Officers of SPSF and FMWU the matters shall be referred to nominated Federal Officers of the two unions who shall determine the coverage. This procedure shall also apply as to areas where there is doubt or a dispute about whether the work in question is being performed in or in connection with the industry of higher education, or in connection with another industry.

(b) Persons employed in those classifications shall be advised of the new union coverage and encouraged to join the appropriate union. this shall be a voluntary decision by the employee, however, every effort shall be made by the unions to facilitate the exchange. It is agreed that the primary objective of membership exchange should not have a reverse effect in terms of employees deciding not to be in any union. This will require much effort on behalf of both unions to ensure that the end result is a positive exchange.

(d) All new employees would join the appropriate union.

(e) It is agreed the above process will be reviewed after 2 years.

(f) The eligibility rules of the SPSF and the FMWU and award coverage shall reflect this agreement.

(g) The parties agree that where members within an occupational classification designed in this agreement as falling within the coverage of the FMWU or SPSF are currently solely or in the majority members of the union not designated by this agreement as having coverage of this classification, either nationally or in a particular state, further discussions shall occur between FMWU and SPSF before any final determination is made as to coverage of this classification or the operation of the implementation clauses of this agreement.