United Voice; National Union of Workers
[2019] FWC 5006
•22 JULY 2019
| [2019] FWC 5006 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work (Registered Organisations) Act 2009
s.44(1) RO Act - Application for approval for submission of amalgamation to ballot
United Voice; National Union of Workers
(D2019/9)
DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 22 JULY 2019 |
Application for approval for submission of amalgamation to ballot.
[1] Previously the National Union of Workers (NUW) and United Voice (UV) (Applicants) applied for approval for the submission of an amalgamation to ballot under s.44 of the Fair Work (Registered Organisations) Act 2009 (RO Act). That application was approved on 7 June 2019. 1 The ballot will open on 24 July 2019.2 With the application the Applicants lodged, inter alia, a copy of the scheme for the amalgamation as is required by s.44 of the RO Act, this includes a copy of the rules of the proposed amalgamated organisation (Proposed Rules). The Applicants have now made an application to alter the Proposed Rules.
[2] The proposed amendments are as follows:
1. Sub-rule (f) will be added to rule 77, which provides for affirmative action in the appointment of the National Executive Committee.
2. Schedule 5 rules 20 and 21 which provide a list of the names of officers of the Applicants who will translate into office on the Inaugural Convention and a list of officers of the Applicants who will make up the Inaugural Member Council on Amalgamation Day will be deleted and replaced with two amended lists of names.
3. Rule 13(b)(iii) will be amended by inserting the words ‘as defined by Rule 3’.
[3] The first two amendments are at the Applicants’ own initiative. The latter amendment is proposed following discussions between the Applicants and the Shop, Distributive and Allied Employees Association (SDA), the Transport Workers’ Union of Australia (TWU), and The Australian Workers’ Union (AWU) (together ‘the Unions’).
Amendment to Rule 77
[4] Rule 77 provides for affirmative action in the appointment of the national executive committee. The previous proposed rules did not provide as the Applicants intended, for the affirmative action to be consistent for the election of National Vice-Presidents. 3
[5] The proposed sub-rule is as follows:
(f) Where a female candidate has been declared elected to the office of National Vice-President (first office), a male candidate has been declared elected to the office of National Vice-President (second office) and a male candidate has been declared elected to the office of National Vice-President (third office), a female candidate will be declared elected to the office of National Vice-President (fourth office) as follows, if there:
(i) is only one (1) female candidate for the office of National Vice-President (fourth office) then that candidate;
(ii) is more than one (1) female candidate for the office of National Vice-President (fourth office), then the female candidate who received the highest number of votes of the female candidates; or
(iii) are no female candidates for the office of National Vice-President (fourth office), the election will not be declared in relation to the office of National Vice-President (fourth office), and nominations will be recalled by the Returning Officer for the office of National Vice-President (fourth office), provided that only female members, who are otherwise eligible, may nominate in that election.
[6] I accept that the proposed amendment rectifies an oversight in the original draft of the proposed rule. The proposed amendment has been authorised by resolution of the National Executive of UV and the National Committee of Management of the NUW. I am otherwise satisfied that it is appropriate to amend the proposed rules in the manner proposed. The proposed rules as amended comply with and are not otherwise contrary to the RO Act, the Fair Work Act 2009, any modern award or enterprise agreement and are not contrary to the law.
Amendments to Schedule 5 Rules 20 and 21
[7] The Applicants contend that Schedule 5 rules 20 and 21 be amended for the following reasons:
• officers of United Voice who were to translate into office on the Inaugural Convention in the proposed amalgamated industrial organisation have resigned their office and are to be replaced on the Inaugural Convention by other officers of United Voice;
• some elections have now been completed in relation to E2019/40 and that those elected officers of United Voice will translate into office on the inaugural convention of the proposal amalgamated industrial organisation;
• some elections have also been completed in relation to the casual vacancy process provided under United Voice's rules;
• not all of the elections in relation to E2019/40 have been completed and consequently the table in Schedule 5 rule 20 of the Proposed Rules is required to be amended to include the following:
“the persons elected to office in United Voice from the election being conducted by the Australian Electoral Commission in E2019/40 who are not provided for in this sub-rule”
• officers of United Voice who were to translate into office on the Inaugural Member Council in the proposed amalgamated industrial organisation have resigned and are to be replaced on the Inaugural Member Council by other officers of United Voice;
• transcription error occurred in relation to the spelling of some names of translating officers which requires correction; and
• an accidental omission in the preparation of the Proposed Rules where Inaugural Convention Delegate Narorn Leung, a current officer of the National Union of Workers, was accidentally omitted from Schedule 5 rule 20.
[8] The proposed alterations have been authorised by resolution of the National Executive of the UV and the National Committee of Management of the NUW.. I am otherwise satisfied that it is appropriate to amend the proposed rules in the manner proposed. The proposed rules as amended comply with and are not otherwise contrary to the RO Act, the Fair Work Act 2009, any modern award or enterprise agreement and are not contrary to the law.
Amendments to Rule 13(b)(iii)
[9] The SDA, TWU and AWU sent correspondence to the Commission raising concerns about the operation of the Proposed Rules, and specifically rules concerning eligibility for membership.
[10] The Commission facilitated discussions between the Applicants and the Unions. In the result the Applicants have applied to vary rule 13(b)(iii) of the proposed rules so that it will now provide as follows:
(b) The following person may apply to the Union to be admitted as a Community Member:
….
(iii) a person in a class of persons working in an Occupation, as defined under rule 3, that the National Executive determines for the purposes of these rules will be treated as Community Members.
[11] As part of their discussions the Applicants and the Unions have agreed, and I consider that it is appropriate that I note the following.
[12] Rule 17 of the proposed rules merely sets out a means by which a group of people may make application to join the United Workers Union, but does not purport to allocate prospective members to one class of membership or another, as that which determines the class of member such prospective member would become is the application of rules 11, 12, 13, 14 and 15.
[13] In other words Rule 17 is intended by the Applicants as a means of enabling a group of people to apply to join the United Workers Union but Rule 17 does not permit or authorise the enrolment as an industrial member of the United Workers Union of any person not within the eligibility comprised in Schedule 1 in the Industries comprised in Schedule 2 of the proposed rules of the United Workers Union.
[14] I am satisfied that it is appropriate to amend the proposed rules in the manner proposed. The proposed rules as amended comply with and are not otherwise contrary to the RO Act, the Fair Work Act 2009, any modern award or enterprise agreement and are not contrary to the law.
[15] In the circumstances, in accordance with 61(1)(a) of the RO Act I grant permission to the Applicants to alter the Propose Rules of the amalgamated organisation. A copy of the amended Proposed Rules is attached in Annexure A.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR710453>
Annexure A
‘United Workers’ Union’
Section 1: Name and Office of the union 7
1. NAME 7
2. PLACE OF BUSINESS 7
sECTION 2: iNTERPRETATION 7
3. DEFINITIONS 7
4. INTERPRETATION 12
5. PURPOSE 14
6. OBJECTS 14
Section 3: Coverage 17
7. ELIGIBILITY 17
8. INDUSTRIES 17
Section 4: Membership 17
Section 4A: Electorates 17
9. ELECTORATES 17
Section 4B: Types, OBLIGATIONS and Privileges of Membership 19
10. MEMBERS’ OBLIGATIONS 19
11. INDUSTRIAL MEMBER 19
12. HONORARY LIFE MEMBER 20
13. COMMUNITY MEMBER 21
14. RETIRED MEMBER 22
15. POLITICAL MEMBER 22
Section 4C: Joining 22
16. APPLICATION FOR MEMBERSHIP 22
17. GROUP MEMBERSHIP APPLICATIONS 24
18. MEMBERSHIP CONTRIBUTIONS 25
19. LEVIES 25
20. FINANCIAL STATUS 27
21. COMMUNITY, RETIRED AND POLITICAL MEMBERS – FEES 28
22. WAIVER 28
Section 4E: Membership information 29
23. MEMBERSHIP REGISTER 29
Section 4F: Resignation and Cessation 30
24. RESIGNATION OF MEMBERS 30
25. CESSATION OF MEMBERSHIP 31
26. PURGING THE MEMBERSHIP REGISTER 32
Section 5: governing Bodies and their OPeration 32
27. UNION - POWERS 32
28. ADVANCE THE OBJECTS 32
29. COMPOSITION OF THE CONVENTION 33
30. CONVENTION - POWERS 33
31. COMPOSITION OF THE MEMBER COUNCIL 34
32. MEMBER COUNCILLORS 34
33. MEMBER COUNCIL - POWERS 35
34. MEMBER ACTIVISM 37
35. COMPOSITION OF THE NATIONAL EXECUTIVE 38
36. POWERS OF THE NATIONAL EXECUTIVE 38
37. COMPOSITION OF THE NATIONAL EXECUTIVE COMMITTEE 39
38. POWERS OF THE NATIONAL EXECUTIVE COMMITTEE 39
39. UNION SUB-COMMITTEES 40
40. AN ORDINARY MEETING OF A GOVERNING BODY 40
41. A SPECIAL MEETING OF A GOVERNING BODY 43
42. PROXY 45
43. A DETERMINATION OF A GOVERNING BODY OUT OF SESSION 46
44. ORDER OF BUSINESS 47
45. CHAIR OF A GOVERNING BODY MEETING 48
46. MINUTE BOOK 49
47. RULES OF DEBATE 50
Section 6: Officers and representatives of the UNION 50
48. GENERAL OBLIGATIONS OF OFFICERS 50
49. NATIONAL PRESIDENT 51
50. NATIONAL VICE-PRESIDENT 52
51. NATIONAL SECRETARY 53
52. NATIONAL EXECUTIVE MEMBERS 54
53. OFFICERS REGISTER 54
54. REPRESENTATIVES 55
Section 7: Administration and Finance 56
55. FINANCIAL YEAR 56
56. NATIONAL FUND 56
57. INDEMNITY AND INSURANCE 57
58. LOANS, GRANTS OR DONATIONS 58
59. AUDITOR 58
60. SPECIAL MEETING TO CONSIDER THE FINANCIAL REPORTS 58
61. UNION TO DEVELOP EXPENDITURE POLICIES 59
62. INDUSTRIAL AGREEMENTS AND EXECUTION 59
63. SEAL 59
64. NOTIFYING INDUSTRIAL DISPUTES 60
65. COPY OF THE RULES AND INSPECTION OF RECORDS 60
66. REGULATIONS 60
67. NOTICE TO MEMBERS 60
Section 8: Elections and Ballots 61
68. RETURNING OFFICER 61
69. ELECTIONS 62
70. QUALIFICATION OF CANDIDATES FOR OFFICE 62
71. NOMINATION 63
72. ELECTION OF CONVENTION DELEGATES 64
73. CONVENTION DELEGATES – AFFIRMATIVE ACTION 64
74. ELECTION OF MEMBER COUNCILLORS AND NATIONAL OFFICERS 64
75. MEMBER COUNCILLORS – AFFIRMATIVE ACTION 66
76. NATIONAL EXECUTIVE – AFFIRMATIVE ACTION 66
77. NATIONAL EXECUTIVE COMMITTEE – AFFIRMATIVE ACTION 67
78. TERM OF OFFICE 69
79. CASUAL VACANCY 70
80. TEAM NOMINATIONS 71
81. TEMPORARY VACANCIES 71
82. PLEBISCITES 72
Section 9: Appeals and Conduct 74
83. MISCONDUCT OF MEMBERS 74
84. MISCONDUCT OF OFFICERS 78
85. APPEALS FROM A DETERMINATION OF THE NATIONAL EXECUTIVE UNDER RULES 83 OR 84 80
Section 10: RULE CHANGE 81
86. RULE CHANGE 81
SECTION 11: TRANSITION 81
87. TRANSITION 81
ScheDule 1: Eligibility 82
Schedule 2: Industries 120
Schedule 3: MEETING Procedure Rules 149
1. Motion 149
2. Speaker 149
3. Determining a Motion 149
4. Amending a Motion 150
5. Procedure 151
6. Point of Order 152
7. Fine and Removal 153
Schedule 4: Election Procedure Rules 154
1. DEFINITIONS 154
2. RETURNING OFFICER OF ELECTION 154
3. CLOSING DAY AND TIME FOR NOMINATIONS 155
4. STARTING AND FINISH DAYS OF BALLOT 155
5. CALLING FOR NOMINATIONS 156
6. NOMINATION PROCEDURE 157
7. TEAM NOMINATIONS 157
8. DEFECTIVE NOMINATION 158
9. WHEN A BALLOT MUST BE HELD 158
10. ELECTION WITHOUT BALLOT 159
11. ROLL PREPARATION 159
12. ROLL INSPECTION 159
13. WHEN SOMEONE CAN CLAIM A RIGHT TO VOTE 160
14. BALLOT PAPERS 160
15. DISTRIBUTING VOTING MATERIAL 161
16. RETURNING OFFICER MUST KEEP A BALLOT BOX 162
17. DUPLICATE VOTING MATERIAL 162
18. HOW LONG BALLOT IS OPEN 163
19. HOW TO VOTE 163
20. HOW MANY VOTES MAY BE CAST 163
21. HOW THE RETURNING OFFICER MUST DEAL WITH VOTING MATERIAL 163
22. APPOINTMENT OF SCRUTINEERS 164
23. SCRUTINEERS’ RIGHTS 164
24. SCRUTINEERS – NUMBERS ATTENDING 165
25. INITIAL SCRUTINY OF VOTING MATERIAL 165
26. COUNTING VOTES 167
27. SCRUTINEERS’ OBJECTIONS 167
28. DIRECTION BY THE RETURNING OFFICER TO LEAVE COUNT 168
29. HOW RESULT IS DECIDED 168
30. WHAT HAPPENS IF VOTES FOR TWO OR MORE CANDIDATES ARE EQUAL 168
31. DECLARATION 168
SCHEDULE 5: TRANSITIONAL RULES 169
Section 1: Name and Office of the union
1. NAME
(a) The name of the Union is ‘United Workers’ Union’.
2. PLACE OF BUSINESS
(a) The address of the office of the Union is 833 Bourke Street, Docklands, Victoria 3008 or another place the National Executive determines.
(b) The Union will primarily conduct its business in the States and Territories set out in column A from the places set out opposite in column B:
A | B |
Australian Capital Territory | Unit 5, 40 Brisbane Street, Barton |
New South Wales | 303 Cleveland Street, Redfern |
Northern Territory | Level 1, 38 Woods Street Darwin |
Queensland | 27 Peel Street, South Brisbane |
South Australia | Level 1, 101 Henley Beach Road, Mile End |
Tasmania | 212 Liverpool Street, Hobart 7000 |
Victoria | 833 Bourke Street, Docklands |
Western Australia | Level 2, 54 Cheriton Street |
(c) Sub-rule (b) does not prevent the National Executive from:
(i) conducting its business from other places not set out under sub-rule (b); or
(ii) determining another place in a respective State or Territory, other than a place set out under sub-rule (b), as the place from which the Union will primarily conduct its business.
SECTION 2: INTERPRETATION
3. DEFINITIONS
(a) In these rules, if the context permits, the words in column A have the meaning assigned opposite in column B:
A | B |
Act | Fair Work (Registered Organisations) Act 2009 (Cth) |
Administrative Regulation | is a regulation made under rule 66 |
Auditor | a person appointed by a Union Body as an auditor under rule 59 |
Community Member | a person who has been admitted as a community member under these rules |
Convention | is the body under rule 29 |
Convention Delegate | a person holding office under rule 29 |
Document | a record of information, and includes: anything on which there is writing; anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and a map, plan, drawing or photograph. |
Election Procedure Rules | the rules provided for in Schedule 4 |
Electorate | an electorate determined under rule 9 |
Employee | a person employed by the Union |
Financial Duties | duties that relate to the financial management of the Union |
Financial Industrial Member | an Industrial Member of the Union financial under these rules |
Financial Member | a Member of the Union financial under these rules |
Financial Policies | the policies determined under these rules that relate to the financial management of the Union |
Financial Records | records, however recorded or stored, to the extent that they relate to the finances or financial administration of the Union and includes: registers; records of financial information; Financial Reports; annual returns; documents relating to or recording financial transactions; and Financial Statements |
Financial Reports | unless the Act otherwise provides: a copy of the report of the Auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a Financial Year; a copy of the general purpose financial report to which the report relates; and a copy of the operating report to which the report relates |
Financial Statements | a financial document that explains the methods and calculations about how the Union’s accounts are made up and correctly recorded and explains the Union transactions and financial position |
Financial Year | the financial year for the Union is the year commencing 1 July and ending 30 June the following year |
Fine | a fine to be paid by a Member under these rules |
Honorary Life Member | a person who has been appointed as an honorary life member under these rules |
Industrial Member | a person who has been admitted as a Member under these rules and who is eligible to be industrially represented by the Union |
Journal | a publication produced, or adopted by, the Union and provided free of charge to Members of the Union by means of print and/or electronic media |
Levy | a levy determined under these rules |
Member | includes the following membership types: an Industrial Member; an Honorary Life Member; a Community Member; a Retired Member; and a Political Member |
Member Council | is the body under rule 31 |
Member Councillor | a member of the Member Councillor elected under rule 32(c) |
Membership Contribution | the amount to be paid, at the commencement of a respective Financial Year, by an Industrial Member, under these rules for 12 months membership of the Union |
Membership Information | the information about an Industrial Member recorded in the Membership Register |
Membership Register | the register of Industrial Members maintained by the National Secretary |
Membership Rights | the rights of a respective category of Member under these rules |
National Executive | is the body under rule 35 |
National Executive Committee | is the body under rule 37 |
National Executive Member | a member of the National Executive who is not a member of the National Executive Committee |
National Fund | is comprised of the assets and real property of the Union |
National Officer | the offices of: National President; National Vice-President; National Secretary; and National Executive Member |
National President | the person holding office under rule 49 |
National Secretary | the person holding office under rule 51 |
National Vice-President | a person holding office under rule 50 |
Objects | the objects provided under rule 6 |
Occupation | eligibility comprised in Schedule 1 in the industries comprised in Schedule 2 |
Office | the office of: Convention Delegate; Member Councillor; and National Officer |
Officer | a holder of an Office |
Officers Register | the register of Officers maintained by the National Secretary |
Official | means an Employee engaged wholly or mainly to perform work, other than financial or administrative work, on behalf of the Union |
Policy | a policy adopted by the Union |
Political Member | a person who has been admitted as a political member under these rules |
Principal Office | the office of the Union as provided by sub-rule 2 (c) |
Quadrennial Convention | the meeting of Convention Delegates held each four (4) years as the first meeting of the Convention following the election of the Convention Delegates |
Quadrennial Election | the elections held each four (4) years for an Office |
Quadrennial Term | the four (4) year term of office immediately following the declaration of a Quadrennial Election |
Retired Member | a person who has been admitted as a retired member under these rules |
Returning Officer | the person appointed under these rules to conduct ballots on behalf of the Union |
Scheme | a: Credit Card Scheme; Direct Debit Scheme; PRD Scheme; or other Periodical Payment Scheme, |
Union | ‘United Workers’ Union’ |
Union Website | the website of the Union |
Work Portfolio | work duties of a particular type or dealing with a particular matter |
4. INTERPRETATION
(a) In these rules if the context permits:
(i) singular words include the plural and vice versa;
(ii) words importing any gender include every gender;
(iii) all references to statutes will be construed so as to include all regulations or codes of practice made under the statute and any statutory modification, replacement or re-enactment of the statute (whether before or on or after the date of these rules) for the time being in force;
(iv) words denoting individuals include corporations and vice versa;
(v) clause headings, schedule headings and the table of contents may be used to assist in the interpretation of these rules;
(vi) where a word or phrase is given a defined meaning in these rules, another part of speech or grammatical form in respect of that word or phrase has a corresponding meaning;
(vii) a reference to a ‘rule’ is a reference to a rule of these rules;
(viii) a reference to a ‘sub-rule’ means a sub-rule of the rule in which the reference to the sub-rule is made;
(ix) a reference to a ‘paragraph’ means a paragraph of the sub-rule in which the reference to the paragraph is made;
(x) a reference to a ‘sub-paragraph’ means a sub-paragraph of the paragraph in which the reference to the sub-paragraph is made;
(xi) a reference to a ‘schedule’ is a reference to a schedule to, and which forms part of, these rules;
(xii) the schedules to these rules have the same effect as if they were set out in the body of these rules;
(xiii) a reference to a ‘majority’ means at least half (1/2) the number of members required to be present at a meeting held under these rules, and present in person, plus one (1);
(xiv) a reference to a business day is a reference to a day Monday to Friday during the hours 9 am to 4 pm, in the place where an act is to be performed, which day is not a designated public holiday in that place;
(xv) a reference to a ‘month’ is a reference to a calendar month;
(xvi) where a period, dating from a given day, act or event, is prescribed or allowed for a purpose, the period must, unless the contrary intention appears, be reckoned exclusive of such day or the day of such act or event;
(xvii) where the last day of a period prescribed or allowed for the doing of anything falls on a day which is not a business day in the place in which the thing is to be or may be done, the thing may be done on the first day following which is a business day in that place;
(xviii) a reference to the performance of a duty by an Officer or person is inclusive of a reference to the Officer or person causing the duty to be discharged and/or inclusive of the duty being discharged by another person, entitled to hold a delegation under these rules, and holding the delegation of the relevant Officer or person;
(xix) a word or expression that is not defined in these rules, but is defined in the Act, has the meaning given by the Act;
(xx) ‘in writing’ includes printing, typing, facsimile, text messaging, e-mail and other means of representing or reproducing words, figures, drawings or symbols in a visible and tangible or electronic form, in English;
(xxi) ‘signature’ and ‘signing’ means the execution of a document by a person, corporation or other relevant entity and includes signing by an agent or attorney or representative (if a body corporate);
(xxii) each paragraph or sub-paragraph in a list is to be read independently from the others in the list;
(xxiii) a reference to a party giving consent means prior written consent;
(xxiv) where these rules require the giving of a notice, whether by or to the Union, that notice is to be in writing; and
(xxv) email means a communication sent to, or from, the e-mail account that a respective Officer has nominated to the National Secretary of the Union Body to which they are attached for the receipt and sending of notices, agenda and ballots where the e-mail is not returned as undeliverable.
5. PURPOSE
(a) The Union is a member-based organisation whose sole purpose is to serve the collective interests of members in workplaces and communities by winning significant and long-lasting gains.
6. OBJECTS
(a) The objects of the Union are to:
Democracy and Unity
(i) provide a strong and effective voice for working people to join together to improve their workplaces, and their communities, through collective and political action, locally and nationally;
(ii) foster opportunities for the democratic participation of members in the affairs of the Union and ensure members have meaningful, direct and equal access to democratic functions of the Union at all levels, and the support and resources to participate effectively in the Union;
(iii) connect all parts of the membership through a universal proposition and vision based on worker dignity, the protection and advancement of rights at work, the importance of collective power and the pursuit of equality and justice for all people;
(iv) serve the collective interests of members in their workplaces and their communities;
(v) defend and advance the freedoms of working people, including the right to organise, bargain and to exercise a collective voice free from harassment, intimidation, persecution and fear, in their workplaces, in their communities and in broader society;
(vi) promote the political objectives of the Union including ensuring the interests of workers are represented in the political process, that members are given a political voice and that representatives of members are elected to representative offices in government;
Growth and Power
(vii) organise workers and pursue opportunities to grow and strengthen the Union as the collective means to build power for workers at a local and national level across industries and other communities of interest;
(viii) support and encourage eligible workers to be members of the Union and to organise to recruit eligible workers to the Union;
(ix) enrol in the Union as Industrial Members the persons eligible to become members;
(x) commit resources of the Union to pursue growth and effectively campaign, locally and nationally, to build worker power;
(xi) constantly innovate, evolve and improve the ability of the Union to reach new groups of workers, through traditional and new organising methods;
Effective representation
(xii) agitate industrially and politically for an industrial relations system where workers are adequately compensated for the contribution of their labour, and the rights of workers are strengthened;
(xiii) secure rising living standards for all Australians;
(xiv) secure increasing wages and improved conditions of employment for Industrial Members;
(xv) support and strengthen the voice of members and delegates in relation to their rights;
(xvi) make workplaces democratic;
(xvii) ensure that work is free from harassment and discrimination;
(xviii) ensure that work can be performed safely and without risk;
(xix) represent workers in relation to the performance of work;
(xx) provide effective representation to advance and enforce the rights of members to safe and secure work and to bargain collectively;
(xxi) advocate for a fairer society underpinned by the values of equality and fairness, through reform of industrial laws and economic policy to better meet the needs of members in the workplace and the community;
(xxii) ensure that equal levels of remuneration and benefits are enjoyed by workers with similar skills and responsibilities;
(xxiii) challenge discriminatory definitions of skill and work value to ensure the value of work is recognised and rewarded;
(xxiv) provide for adequate retirement benefits and superannuation for workers;
(xxv) enhance skills, training, professional development and education of workers;
Economic Fairness
(xxvi) eliminate poverty and reduce inequality;
(xxvii) ensure that Australia’s system of taxes and social welfare payments is fair and equitable;
Equity and Inclusion
(xxviii) commit to equity and inclusion and strive to ensure that women, Aboriginal and Torres Strait Islander peoples, and workers from diverse cultural and ethnic backgrounds, lesbian, gay, bisexual and transgender workers, young workers, workers with disabilities and other equity-seeking groups, will be represented in the structures of the Union;
(xxix) ensure the leadership and the governance bodies of the Union reflect the diversity of the membership, including through active steps to increase the participation for equity groups that are under-represented;
(xxx) uphold the values of equality and inclusion by educating and assisting members to address sexism, racism, homophobia and other forms of discrimination wherever they occur;
(xxxi) promote the values of equity and inclusion in the activities of the Union;
(xxxii) adopt a code of conduct for the conduct of officers and members of the Union;
(xxxiii) assist and promote the participation of retired members in the Union;
(xxxiv) assist and promote the participation of community members in the Union;
Governance and Administration
(xxxv) raise funds from members by entrance fees, contributions, levies or fines and to set a schedule of fees for members that is equitable and assists the Union to further these Objects, to empower workers, to grow and to organise;
(xxxvi) assist members in distress through sickness/accident or who are out of employment;
(xxxvii) provide appropriate wages and conditions for the Union’s full-time officers and its employees;
(xxxviii) hold, purchase, lease, mortgage or rent or otherwise deal in property, invest in and maintain shareholdings or place on deposit funds of the Union to further these Objects;
(xxxix) report regularly to members on the activities of the Union including through publications, websites and social media;
(xl) ensure good governance, clear rules and sound practices in the administration of the Union;
(xli) affiliate, amalgamate, cooperate or merge with a global union federation, peak trade union body, trade union, industrial union, organisation, political association, association or body, whether at an International, National, State, Territory or regional level, having objects similar in whole, or in part, to the objects of the Union;
(xlii) contribute to a charitable and/or public benevolent institutions;
(xliii) provide assistance to socially responsible community organisations;
(xliv) donate to a charity and/or for a public purpose and/or a worthy cause and/or a purpose that furthers these Objects;
(xlv) register the Union under any Commonwealth or State trade union, industrial arbitration, co-operative or similar statute;
(xlvi) incorporate, maintain an interest in and/or support entities for a purpose that furthers these Objects;
(xlvii) exercise the powers, privileges and advantages available or provided to an industrial organisation under a Commonwealth or State Act;
(xlviii) do the things provided for in these Objects in respect of non-members including for community members and others on a fee for service basis; and
(xlix) affiliate, cooperate and work with like-minded organisations including community or international organisations to further these Objects.
(b) None of the objects provided for in sub-rule (a) is to be read in a way that limits another object of sub-rule (a).
(c) The Union may do other acts and things incidental to, or which relate, to the carrying out of the objects in sub-rule (a).
(d) These objects are to be read together with, and are not limited by, the Union’s purpose provided under rule 5.
Section 3: Coverage
7. ELIGIBILITY
(a) The eligibility of a person entitled to apply for membership as an Industrial Member is set out in Schedule 1.
8. INDUSTRIES
(a) The industries of the Union are set out in Schedule 2.
Section 4: Membership
Section 4A: Electorates
9. ELECTORATES
(a) For the purpose of this rule, the words in column A have the meaning assigned opposite in column B:
A | B |
Commonwealth Electorates | an Electoral Division of the House of Representatives under the Commonwealth Electoral Act 1918 (Cth) |
(b) The electorates of the Union are as provided by these rules.
(c) For the purposes of these rules, an Industrial Member belongs to the electorate of the Union in which they reside.
(d) Despite sub-rule (b), and subject to these rules, the Member Council may determine to alter the electorates of the Union.
(e) In making a determination under sub-rule (d) the Member Council will take the following matters into account:
(i) that the total number of Convention Delegates to be elected at a Quadrennial Election is calculated by dividing the total number of Financial Industrial Members, as at the last business day in January of the last year of the previous Quadrennial Term, by 300 and rounding to the nearest number;
(ii) the number of Commonwealth Electorates;
(iii) the Commonwealth Electorates to be grouped to form electorates of the Union;
(iv) that electorates of the Union are to be arranged so that each electorate has at least 2500 Industrial Members residing in it;
(v) the geographical location of the Industrial Members;
(vi) the efficient administration of the affairs of the Union; and
(vii) other matters considered appropriate.
(f) The National Secretary will as soon as practicable, following the making of a determination under sub-rule (d) give notice to the Industrial Members of an electorate of the Union that is altered, of the alteration.
(g) The National Secretary may give the notice referred to in sub-rule (f) by publishing a list and/or map which depicts the electorates of the Union.
(h) Despite these rules, notice required to be given by the National Secretary pursuant to sub-rule (f) may be given by the National Secretary placing the list and/or the map referred to in sub-rule (g) on the Union Website.
(i) Once a determination is made under sub-rule (d), the electorates of the Union as determined become the electorates of the Union for the purposes of these rules subject to a further determination being made under sub-rule (d).
(j) The National Secretary will place a list of the electorates of the Union, inclusive of the Commonwealth Electorates making up an electorate, on the Union Website, and will promptly update that list to take account of determinations made under sub-rule (d).
Section 4B: Types, OBLIGATIONS and Privileges of Membership
10. MEMBERS’ OBLIGATIONS
(a) For the purpose of this rule, the words in column A have the meaning assigned opposite in column B.
A | B |
Determination | a determination of a Governing Body made under these rules |
Governing Body | Convention; Member Council; National Executive; and National Executive Committee |
(b) A Member must:
(i) support the:
A Purpose; and
B Objects;
(ii) comply with, and uphold, these rules;
(iii) comply with their respective obligations under these rules; and
(iv) abide by a Determination.
(c) A Member, other than an Industrial Member, in breach of sub-rule (b) may be requested by the National President to show cause as to why they should not be removed from membership, and may if failing to show cause to the satisfaction of the National Executive, be removed.
11. INDUSTRIAL MEMBER
(a) An Industrial Member is a person:
(i) entitled to apply for membership;
(ii) working, or usually working, in an Occupation; and
(iii) able to be industrially represented.
(b) A person under sub-rule (a) may seek admission to membership of the Union.
(c) A Financial Industrial Member is the only Member entitled to:
(i) vote in an election ballot or plebiscite of the Union; and
(ii) if otherwise qualified under these rules nominate, or second nominations, for an office of the Union.
(d) A Financial Industrial Member is entitled to:
(i) access the services of the Union; and
(ii) otherwise, as provided by these rules, participate in the business of the Union.
12. HONORARY LIFE MEMBER
(a) For the purpose of this rule the words in column A have the meaning assigned opposite in column B:
A | B |
Predecessor Organisation | a registered industrial organisation that has amalgamated to become the Union |
(b) An Honorary Life Member is a person appointed as an honorary life member by the Union under these rules.
(c) Appointment as an Honorary Life Member is the highest honour the Union may confer on a member for services rendered to the Union.
(d) Honorary Life membership may only be conferred on a Financial Industrial Member who in the Union, or in a Predecessor Organisation, has:
(i) been a member of good standing;
(ii) demonstrated achievement at a high level to the benefit of other members;
(iii) made a significant contribution to the Union, or to a Predecessor Organisation; and/or
(iv) demonstrated service to the Union, or to a Predecessor Organisation, that is worthy of recognition.
(e) Honorary Life membership may be conferred by the National Executive on:
(i) its own motion;
(ii) the recommendation of the Convention; or
(iii) the recommendation of the Member Council.
(f) An Industrial Member on being appointed as an Honorary Life Member is:
(i) not required to pay Membership Contributions or other fees; and
(ii) if working in an Occupation, entitled to the privileges of a Financial Industrial Member under these rules; or
(iii) if no longer working in an Occupation, entitled to the privileges of an Honorary Life Member under these rules.
(g) An Honorary Life Member is entitled to:
(i) access the services of the Union;
(ii) become, if not working in an Occupation, a member of the Retired Members Association without the payment of a fee; and
(iii) the other rights that the Member Council determines.
(h) Nothing prevents Honorary Life Membership being awarded posthumously.
13. COMMUNITY MEMBER
(a) A Community Member is a person admitted as a community member by the Union under these rules.
(b) The following person may apply to the Union to be admitted as a Community Member:
(i) a Financial Industrial Member no longer working in an Occupation;
(ii) a person not working in an Occupation; or
(iii) a person in a class of persons working in an Occupation, as defined under rule 3, that the National Executive determines for the purposes of these rules will be treated as Community Members.
(c) Despite sub-rule (b), a person who is working in an Occupation determined to be an Occupation for the purposes of paragraph (b)(iii) may elect to seek admission as an Industrial Member, and if financial will have all the rights under these rules of an Industrial Member.
(d) The National Executive is to determine the fees (if any) to be paid by a Community Member.
(e) A Community Member who commences working in an Occupation, other than an Occupation determined to be an Occupation under paragraph (b)(iii) ceases to be a Community Member.
(f) A financial Community Member is only entitled to the rights that the Member Council determines.
14. RETIRED MEMBER
(a) A Retired Member is a person admitted as a retired member by the Union under these rules.
(b) A Financial Industrial Member no longer working in an Occupation having retired from the workforce may apply to the Union to be admitted as a Retired Member.
(c) The National Executive is to determine the fees (if any) to be paid by a Retired Member.
(d) A Retired Member who commences working in an Occupation ceases to be a Retired Member.
(e) A financial Retired Member is only entitled to the rights that the Member Council determines.
15. POLITICAL MEMBER
(a) A Political Member is a person admitted by the National Executive as a political member under these rules.
(b) A person may apply to the Union to be admitted as a Political Member, if they are:
(i) a Financial Industrial Member or a Community Member;
(ii) elected to hold office in a representative office of the Commonwealth, a representative office of a State or Territory or the council of a Local Authority; and
(iii) because of their election, not working in an Occupation.
(c) A Political Member must pay Membership Contributions under these rules as if they were an Industrial Member.
(d) A Political Member who ceases to hold their office under paragraph (b)(ii) ceases to be a Political Member.
(e) A financial Political Member is only entitled to the rights that the Member Council determines.
Section 4C: Joining
16. APPLICATION FOR MEMBERSHIP
(a) For the purpose of this rule the words in column A have the meaning assigned opposite in column B:
A | B |
Application Form | the form determined by the National Executive under paragraph (b)(i) |
Federal Counterpart | has the meaning provided under section 9A of the Act |
(b) An application for a person seeking to be admitted as a member will be:
(i) in the form determined by the National Executive;
(ii) accompanied by the material required by the National Executive; and
(iii) signed by the applicant.
(c) The Union may publish an Application Form in the way the National Executive determines.
(d) Applications for membership are to be made to the National Secretary.
(e) The Union may accept an Application Form received by internet and the applicant for membership will be held to have signed the Application Form if the requirements of the Electronic Transactions Act 1999 (Cth) are met.
(f) The National Secretary may, despite sub-rule (b):
(i) accept an application that is in some other form than the Application Form; or
(ii) accept applications that are made by phone.
(g) No omission, irregularity or want of form will invalidate an application for membership, provided that:
(i) the applicant intended the application, along with a payment authorisation, submitted to the Union to be an application for membership; and
(ii) the Union treated the application submitted as an application for membership.
(h) An application is accepted, and the applicant is admitted to membership, subject to sub-rule (i), from the earlier of either the application being received by the National Secretary or another person authorised by the National Executive, provided that if a member applies for membership from another date the National Secretary may determine that membership commences from that date.
(i) The National Secretary receiving an application for membership may refer the application to the National Executive for its determination where the National Secretary has concerns in relation to the applicant’s bona fides.
(j) An application, referred in accordance with sub-rule (i), will be considered by the National Executive which will, if satisfied with the bona fides of the applicant, accept the application, admit the applicant to membership of the Union and that membership will commence, when it otherwise would have commenced in accordance with sub-rule (h), as if the application had not been referred.
(k) The National Executive, where an application has been referred under sub-rule (i), may reject that application if they do not accept the application is bona fide, provided that where an application is rejected, monies paid by the applicant in respect of membership of the Union will be reimbursed.
(l) The National Secretary will ensure that the Membership Register is amended to include in relation to an Industrial Member, the admitted applicant’s Member Information.
(m) An applicant for membership will, subject to these rules, when admitted to membership be entitled, dependent on their respective membership type, to the benefit of Membership Rights.
(n) This rule does not prevent an application for membership of the Union being a joint application with an entity that has the Union as its Federal Counterpart, provided that the joint application is in the form determined by the National Executive.
(o) A person applying to become an Industrial Member must be informed in writing of:
(i) an Industrial Member's financial obligations; and
(ii) how, and when, an Industrial Member may resign from membership.
17. GROUP MEMBERSHIP APPLICATIONS
(a) For the purpose of this rule, the words in column A have the meaning assigned opposite in column B:
A | B |
Approved Association | an organisation, association, body or other entity determined by the National Executive to be an approved association |
(b) The National Secretary will promptly admit to membership of the Union:
(i) a financial member of an Approved Association who has received correspondence from the Approved Association advising:
A that the Approved Association seeks to facilitate that member’s membership of the Union;
B that the Approved Association intends to make application on that member’s behalf for membership of the Union at the expiration of 28 days from the provision of the correspondence;
C that that member may determine to decline to join the Union within that period of 28 days by advising the Approved Association of that determination; and
D of the financial obligations of membership of the Union and how that member may resign from the Union;
(ii) where the member receiving correspondence under paragraph (i) has not, within the period of 28 days from the provision of the correspondence, determined to decline to join the Union; and
(iii) where an application setting out the information required by these rules has been made by the Approved Association to the Union, on behalf of a member of the Approved Association who meets the requirements of paragraph (ii).
18. MEMBERSHIP CONTRIBUTIONS
(a) The Membership Contribution for a Financial Year will be determined by the National Executive prior to the commencement of that Financial Year, and in the event that no determination is made the amount set for the previous Financial Year will apply.
(b) The Membership Contribution is to be paid, at the rate determined to apply to the respective Industrial Member for the period concerned, by one (1) of the following means:
(i) at least monthly by cash, cheque or electronic funds transfer; or
(ii) under a Scheme.
(c) The National Executive will determine the terms on which a Industrial Member may pay their Membership Contribution under a Scheme.
(d) The Union will provide a written receipt to a Industrial Member within 28 days of the member paying their Membership Contribution under paragraph (b)(i).
(e) The Union will provide, annually, a receipt to a Industrial Member paying their Membership Contribution under paragraph (b)(ii).
(f) Receipts under sub-rules (d) and (e) may be electronic.
19. LEVIES
(a) The National Executive may impose a levy on:
(i) all of the Industrial Members; or
(ii) a group of the Industrial Members.
(b) Monies received under a levy imposed under paragraph (a)(ii) may only be applied to the benefit of the Industrial Members of the respective group.
(c) A Levy is to be expressed in dollars and as a percentage of the Membership Contribution.
(d) The National Secretary must give notice under these rules to a Industrial Member liable to pay a Levy, of its:
(i) imposition;
(ii) amount;
(iii) duration; and
(iv) purpose.
(e) Despite sub-rule (a) levies exceeding in total 25% of the Membership Contribution cannot be imposed other than by resolution of the Member Council.
(f) A Levy is to be paid by a respective member within 28 days of the National Secretary giving notice to the member under sub-rule (d).
(g) A Levy is to be paid by one (1) of the following means:
(i) by cash, cheque or electronic funds transfer; or
(ii) under a Scheme.
(h) The Union will provide a written receipt to a member within 28 days of a member paying their Levy under paragraph (g)(i).
(i) The Union will provide, annually, a receipt to a member paying their Levy under paragraph (g)(ii).
(j) Receipts under sub-rules (h) and (i) may be electronic.
(k) The National Executive may determine to waive payment of a Levy either in whole, or in part, by an Industrial Member or a group of Industrial Members where the National Executive is satisfied that the circumstances justify waiver.
(l) Despite sub-rule (b) where, following the imposition of a Levy, its purpose is achieved and there remains an amount of unexpended funds derived from the Levy, the unexpended funds will form part of the National Fund and may be expended on the Objects.
20. FINANCIAL STATUS
(a) An Industrial Member must, to remain financial, pay to the Union:
(i) their Membership Contribution;
(ii) any Levy that is made in relation to the member; and
(iii) a Fine determined against the member,
as they become due.
(b) An Industrial Member paying their Membership Contribution by cash, cheque or electronic funds transfer is financial from the date on which the Membership Contribution is received by the Union.
(c) An Industrial Member paying their Membership Contribution under a Scheme is financial from the date on which Membership Contributions under the respective Scheme are received by the Union.
(d) An Industrial Member is un-financial if in arrears in the payment of their:
(i) Membership Contribution;
(ii) Levies; and/or
(iii) Fines,
for a period of three (3) months, or more, from the date on which a Membership Contribution, Levy and/or Fine became due, and remains un-financial until respectively the Membership Contribution, Levy and/or Fine are paid.
(e) An Industrial Member making payment of their Membership Contribution and/or a Levy under a Scheme will be deemed to be financial for a period of up to three (3) months after the last payment under the Scheme was received.
(f) An Industrial Member:
(i) in arrears of paying their Membership Contributions, Levies and/or Fines will be advised of their arrears by notice given in accordance with the member’s Member Information on at least three (3) occasions; and
(ii) when three (3) months, or more, in arrears of paying their Membership Contributions, Levies and/or Fines, and having been advised under paragraph (i), will be advised by the National Secretary in writing of their financial status, how the they may become financial and the consequences of their not becoming financial.
(g) Subject to the Act, an un-financial member may be sued by the Union for the recovery of a Membership Contribution, Levy or Fine, as the case may be.
(h) An un-financial Member is not entitled to Membership Rights.
21. COMMUNITY, RETIRED AND POLITICAL MEMBERS – FEES
(a) The National Executive may determine the means by which a:
(i) Community Member; or
(ii) Retired Member,
will pay the fee (if any) the National Executive has determined is to be paid for membership.
(b) A Community Member, Retired Member or Political Member who is three (3) months, or more, in arrears of paying fees for their respective membership is un-financial.
(c) An un-financial Community Member, Retired Member or Political Member may be sued by the Union for the recovery of their fee.
22. WAIVER
(a) For the purpose of this rule the words in column A have the meaning assigned opposite in column B:
A | B |
Group | a group of Industrial Members |
(b) The National Secretary may waive payment of the Membership Contribution and/or a Levy where an Industrial Member:
(i) is unemployed and has been unemployed for more than one (1) month;
(ii) is on approved leave without pay for more than one (1) month; and/or
(iii) has, due to injury or ill health, not been working for a period of more than one (1) month and is not receiving remuneration.
(c) A waiver granted under sub-rule (b) can be granted for up to 12 months.
(d) The National Executive may waive payment of Membership Contribution and/or a Levy under sub-rule (b) for more than 12 months, provided that the waiver is granted for a specified period or the happening of a particular event.
(e) An Industrial Member granted a waiver under sub-rule (b) or (d) is financial during the period the waiver is granted.
(f) The National Executive may waive payment of the Membership Contribution and/or a Levy in whole, or part, to a Group in circumstances where:
(i) unusually low wages are paid to that Group;
(ii) unusually low hours are worked by that Group;
(iii) there is a dispute, including over coverage, which is not yet resolved in respect of that Group;
(iv) an industrial instrument to apply to the employment of the Group has not been finalised;
(v) organising opportunities may be enhanced in respect of that Group; or
(vi) the Group are in supported employment.
(g) A member of a Group granted a waiver under sub-rule (f) is financial during the period the waiver is granted.
(h) A waiver granted under sub-rule (f) will be periodically reviewed by the National Executive.
Section 4E: Membership information
23. MEMBERSHIP REGISTER
(a) The National Secretary must record, in relation to a Member, their:
(i) name;
(ii) postal address;
(iii) phone numbers;
(iv) e-mail address;
(v) financial status;
(vi) date of admission;
(vii) date of resignation;
(viii) membership type; and
(ix) other information required by the National Executive.
(b) The National Secretary will record, as far as the National Secretary is able to determine, the following information in relation to an Industrial Member, their:
(i) employer;
(ii) place of employment;
(iii) Occupation;
(iv) classification; and
(v) other information required by the:
A National Executive; or
B Act.
(c) The information recorded by the National Secretary under sub-rules (a) and (b) in relation to Industrial Members will be kept in the Membership Register.
(d) A Member must notify the National Secretary of any changes to the information to be recorded respectively under sub-rule (a) or (b), and the National Secretary will, within 28 days of being notified, amend the records to incorporate the changes to the recorded information.
(e) The Membership Register is:
(i) in the event of an Industrial Member failing to notify a change of information under sub-rule (d), conclusive proof under these rules of the matters set out in the Membership Register; and
(ii) proof of the financial status of a Member until the contrary is proven.
(f) The record kept by the National Secretary is:
(i) in the event of a member other than an Industrial Member failing to notify a change of information under sub-rule (d), conclusive proof under these rules of the matters set out in the record; and
(ii) proof of the financial status of a member until the contrary is proven.
Section 4F: Resignation and Cessation
24. RESIGNATION OF MEMBERS
(a) A Member may resign by written notice addressed and delivered to the National Secretary.
(b) A Notice of resignation of an Industrial Member takes effect:
(i) if the Member ceases to be eligible to become a Member on the day:
A the notice is received by the Union; or
B specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a Member,
whichever is later, or
(ii) in any other case:
A at the end of two (2) weeks after the notice is received by the Union, or
B on the day specified in the notice,
whichever is later.
(c) A Membership Contribution or fee payable but not paid by respectively a former Industrial Member or Member other than an Industrial Member, in relation to a period before the member's resignation from the Union took effect, may be sued for and recovered by the Union, in a court of competent jurisdiction, as a debt to the Union.
(d) A notice delivered to the National Secretary under sub-rule (a) is deemed to have been received by the Union when it was delivered.
(e) A notice of resignation that has been received by the Union is not invalid because it was not addressed and delivered in accordance with sub-rule (a).
(f) A Member’s resignation is valid, although not effected in accordance with this rule, if the Member is informed in writing by, or on behalf of, the Union that the resignation has been accepted.
(g) The National Executive may accept the resignation of a Member and release the Member from some or all outstanding obligations to the Union, irrespective of whether these rules have been complied with.
25. CESSATION OF MEMBERSHIP
(a) An Industrial Member ceases to be an Industrial Member if the member:
(i) has not, where required to do so, paid their Membership Contribution for a continuous period of 24 months since the Membership Contribution became payable;
(ii) resigns;
(iii) is to be removed in accordance with section 171A of the Act;
(iv) dies; or
(v) has their membership terminated under these rules.
(b) Without limiting sub-rule (a) an Industrial Member also ceases to be an Industrial Member if they:
(i) are not financial under sub-rule 20(d);
(ii) have been given notice under paragraph 20(f)(i);
(iii) have been advised by the National Secretary under paragraph 20(f)(ii); and
(iv) have not made payment of arrears within the period of 14 days following the National Secretary giving the advice under paragraph 20(f)(ii).
(c) a Member, other than an Industrial Member, ceases to be a Member if the member;
(i) resigns;
(ii) has not paid their fee for a period of 3 months;
(iii) dies; or
(iv) has their membership terminated under these rules,
and their name will be removed from the membership records.
26. PURGING THE MEMBERSHIP REGISTER
(a) The National Secretary will, when directed by the National Executive promptly remove from the Membership Register an Industrial Member that the National Executive determines is no longer eligible for membership.
(b) The National Secretary will give notice to an Industrial Member removed from the Membership Register under sub-rule (a) of their removal.
(c) The National Secretary will, in accordance with the Act, remove from the Membership Register a member whose membership has ceased under paragraph 25(a)(i).
(d) The National Secretary will remove from the Membership Register an Industrial Member whose membership has ceased under:
(i) paragraphs 25(a)(ii) – (iv); and
(ii) sub-rule 25(b).
Section 5: governing Bodies and their OPeration
27. UNION - POWERS
(a) The Union may exercise all the powers of a body incorporated as a registered organisation under the Act.
28. ADVANCE THE OBJECTS
(a) For the purpose of this rule, the words in column A have the meaning assigned opposite in column B:
A | B |
Governing Body | Convention; Member Council; National Executive; and National Executive Committee |
(b) The Governing Bodies will, subject to these rules, conduct the business of the Union and advance the Objects.
29. COMPOSITION OF THE CONVENTION
(a) For the purpose of this rule, the words in column A have the meaning assigned opposite in column B:
A | B |
Total Convention Delegation | the number of Convention Delegates resulting from dividing the number of Financial Industrial Members by 300, as at the last business day in January of the last year of the previous Quadrennial Term, rounded up to the nearest whole number |
(b) The Convention is comprised of Convention Delegates elected by, and from, the Financial Industrial Members residing in an Electorate.
(c) Each Electorate is entitled to elect as Convention Delegates that proportion of the Total Convention Delegation that the number of Financial Industrial Members residing in the respective Electorate bears to the Financial Industrial Members of the Union, as at the last business day in January of the last year of the previous Quadrennial Term, rounded up to the nearest whole number.
(d) Convention Delegates are to be elected each four (4) years at the Quadrennial Elections.
(e) At least 50% of the Convention Delegates must be women.
30. CONVENTION - POWERS
(a) The Convention may, subject to this rule, exercise the powers of the Union.
(b) The Convention will, subject to these rules, conduct the business of the Union and advance the Objects.
(c) Without limiting sub-rule (a), the Convention will:
(i) determine the strategic goals for the Quadrennial Term in which it is elected; and
(ii) elect the:
A Member Councillors; and
B National Officers.
(d) Despite sub-rule (a) the Convention cannot exercise:
(i) power that include powers that relate to the financial management of the Union;
(ii) a power expressly reserved by these rules to be only exercised by the Member Council;
(iii) a power expressly reserved by these rules to be only exercised by the National Executive; and/or
(iv) a power expressly reserved by these rules to be only exercised by a National Officer.
(e) A determination of the Convention binds the Officers and Members.
31. COMPOSITION OF THE MEMBER COUNCIL
(a) The Member Council will consist of the:
(i) Member Councillors; and
(ii) members of the National Executive.
(b) At least 50% of the Member Councillors must be women.
32. MEMBER COUNCILLORS
(a) For the purpose of this rule, the words in column A have the meaning assigned opposite in column B:
A | B |
Region | a State or Territory |
Relevant Member | a person who was a Financial Industrial Member on the last business day in January of the last year of the previous Quadrennial Term |
(b) The number of Member Councillors to be elected for a Quadrennial Term is, subject to these rules, 50.
(c) The Member Councillors are, subject to this rule, elected in two (2) separate groups:
(i) the first group, by the Convention Delegates from the Convention Delegates residing in a Region; and
(ii) the second group, elected by, and from, the Convention Delegates.
(d) The number of Member Councillors to be elected under sub-rule (c)(i) from each Region is determined by dividing the number of Relevant Members residing in that Region by the number of Relevant Members of the Union, multiplying by 25 and rounding up to the nearest whole number provided that there is at least one Member Councillor elected from each Region.
(e) The number of Member Councillors to be elected under sub-rule (c)(ii) is the difference between 50 and the total number of Member Councillors elected under sub-rule (d).
(f) A Convention Delegate may only nominate as a candidate for, or hold the office of, Member Councillor under one (1) of paragraphs (c)(i) or (c)(ii).
(g) A Convention Delegate may not nominate as a candidate for, or hold the office of, Member Councillor and National Officer.
(h) A full-time employee of the Union may not nominate for, or hold the office of, a Member Councillor.
33. MEMBER COUNCIL - POWERS
(a) Between meetings of the Convention, the Member Council:
(i) is to exercise the power of the Convention; and
(ii) is the highest authority of the Union.
(b) The Member Council is to exercise power in relation to the financial management of the Union.
(c) Without limiting the power under sub-rule (a), the Member Council has the power, subject to these rules, to:
(i) alter these rules;
(ii) call meetings of the Convention;
(iii) determine, consistent with sub-rule 39(i), the six (6) Member Councillors who are to comprise the Governance Finance and Risk Committee, determine the functions to be delegated to the committee and how the committee will conduct its business;
(iv) establish Union Sub-Committees to assist the Member Council in discharging its obligations;
(v) determine a code of conduct to apply to the Officers and Members;
(vi) approve the terms and conditions of engagement of:
A National Officers;
B Officials; and
C Employees;
(vii) determine to establish a retired members association, provided that such an association as may be established must itself advance the Objects;
(viii) determine a procurement policy for the Union; and
(ix) determine appeals from a determination of:
A the National Executive; and
B a National Officer.
(d) The powers under sub-rule (c) will only be exercised by the Member Council.
(e) The Member Council:
(i) may determine Policy;
(ii) may allocate Members to membership types;
(iii) will oversee the financial administration of the Union; and
(iv) will oversee the conduct of the business of the Union.
(f) The Member Council has the other powers provided under these rules.
(g) Despite paragraph (a)(i) the Member Council cannot exercise a power expressly reserved by these rules to only be exercised by the Convention.
(h) Despite this rule the Member Council cannot exercise a power expressly reserved by these rules to only be exercised by the National Executive.
(i) Despite this rule the Member Council cannot exercise a power expressly reserved by these rules to be only exercised by a National Officer.
(j) The Member Council may, subject to sub-rule (h), review a determination of the National Executive.
(k) The Member Council may, subject to sub-rule (i), review a determination of a National Officer.
(l) A determination of the Member Council binds the Officers and Members.
(m) The Member Council will, at a meeting held at least 90 days prior to the calling of nominations in a Quadrennial Election for Convention Delegates, determine for the Quadrennial Election of Member Councillors and National Officers the matters required by:
(i) sub-rule 9(d), the Electorates;
(ii) sub-rule 35(c), the number of National Executive Members to be elected; and
(iii) sub-rule 80(b), whether team nominations will be permitted.
34. MEMBER ACTIVISM
(a) For the purpose of this rule, the words in column A have the meaning assigned opposite in column B:
A | B |
Opportunities | the type of matters and things set out in sub-rule (c) |
(b) Without limitation to the powers of the Member Council under rule 33, the Member Council also has the purpose of ensuring that Opportunities for the democratic participation of Members in the business of the Union are actively pursued and maximised, having regard to factors such as:
(i) equity;
(ii) diversity;
(iii) Member activism;
(iv) Member leadership; and
(v) upholding the right of Members to be active in the Union.
(c) Opportunities include forming:
(i) representative councils to advance Union campaigns or growth;
(ii) groups to assist in organising around common all-of-union campaigns for broader industrial, social and political change;
(iii) industry campaign committees at local and national levels to provide insight, advice and/or recommendation on industry campaigning;
(iv) community committees or councils formed to build solidarity across membership in a locality, area or region;
(v) groups of Members across a locality, region or area with communities of interest, to come together to strengthen and support the objectives of the Union around social justice, equity and diversity; and
(vi) planning committees to assist in administering and delivering local conventions.
(d) Neither sub-rules (b) or (c) limit the power of the Member Council to consider an application by Members for the creation of a body that Members consider appropriate to advance the Objects and to build activism and growth.
(e) A council, group or committee formed under sub-rule (c) or other body under sub-rule (d) is to be treated as a Union Sub-Committee formed under rule 39.
35. COMPOSITION OF THE NATIONAL EXECUTIVE
(a) The National Executive is elected by, and from, the Convention Delegates, and consists of the National Officers.
(b) The Member Council is to determine the size of the National Executive with the minimum size being 12 members and the maximum size being 24 members, inclusive of the members provided for in paragraph (a)(i).
(c) The Member Council will, subject to these rules, determine, under sub-rule (b), the number of National Executive Members.
(d) Once a determination is made under sub-rule (c) the number of National Executive Members determined, become the number of National Executive Members for the purposes of these rules, subject to a further determination being made under sub-rule (c).
(e) Despite sub-rule (d), but subject to sub-rule (g), nothing prevents the Member Council determining, in the circumstances of:
(i) a casual vacancy arising in the office of National Executive Member; or
(ii) with the consent of a National Executive Member,
that the office not be filled.
(f) Once a determination is made under sub-rule (e) the number of National Executive Members determined, become the number of National Executive Members for the purposes of these rules subject to a further determination being made under either sub-rule (c) or sub-rule (e).
(g) At least 50% of the National Executive must be women.
36. POWERS OF THE NATIONAL EXECUTIVE
(a) The National Executive is the committee of management of the Union.
(b) The National Executive may, subject to rule 33, exercise the powers of the Member Council between meetings of the Member Council.
(c) The power to:
(i) determine the Membership Contribution;
(ii) appoint the Returning Officer; and
(iii) appoint the Auditor,
may only be exercised by the National Executive.
(d) The National Executive has, subject to these rules, the power to vary a determination of:
(i) the National Executive Committee; or
(ii) a National Officer.
(e) Despite sub-rule (a) the National Executive cannot exercise a power expressly reserved by these rules to only be exercised by the Convention.
(f) Despite sub-rule (b) the National Executive cannot exercise a power expressly reserved by these rules to only be exercised by the Member Council.
(g) Despite sub-rule (d) the National Executive cannot exercise a power expressly reserved by these rules to only be exercised by a National Officer.
(h) The National Executive has the other powers provided under these rules.
(i) A determination of the National Executive binds the Officers and Members.
37. COMPOSITION OF THE NATIONAL EXECUTIVE COMMITTEE
(a) The National Executive Committee is comprised of the:
(i) National President;
(ii) four (4) National Vice-Presidents; and
(iii) National Secretary.
(b) At least one (1) of the offices under paragraphs (a)(i) and (iii) must be held by a woman.
(c) At least two (2) of the offices under paragraph (a)(ii) must be held by women.
38. POWERS OF THE NATIONAL EXECUTIVE COMMITTEE
(a) The National Executive Committee has the power delegated to it by the National Executive.
(b) All members of the National Executive will be informed:
(i) in advance of the holding of a meeting of the National Executive Committee; and
(ii) promptly of the determinations of the National Executive Committee.
(c) A determination of the National Executive Committee binds the Officers and Members.
39. UNION SUB-COMMITTEES
(a) The Member Council may, subject to this rule, establish or revoke a Union Sub-Committee.
(b) A determination of a Union Sub-Committee does not bind the Union and is recommendatory only.
(c) A Union Sub-Committee can only consider the matters referred to it by the Member Council or the National Executive.
(d) The Member Council will determine the Officers (if any) who will comprise a Union Sub-Committee.
(e) Sub-rule (d) does not prevent the Member Council from appointing a Member, with the Member’s consent, to a Union Sub-Committee.
(f) A Union Sub-Committee is responsible to, and under the control of, the Member Council, provided that the Member Council may delegate its responsibility to the National Executive.
(g) The Member Council will, subject to these rules, determine in relation to a Union Sub-Committee how:
(i) frequently it will meet;
(ii) it will meet;
(iii) it will be chaired;
(iv) it will conduct its business
(v) it will be resourced;
(vi) it will report; and
(vii) often it will report.
(h) The Member Council may determine that an Administrative Regulation providing for the circumstances for the conduct of a Union Sub-Committee, will also apply to the conduct of the Governance Finance and Risk Committee.
(i) At least 50% of the members of a Union Sub-Committee must be women.
40. AN ORDINARY MEETING OF A GOVERNING BODY
(a) For the purpose of this rule, the words in column A have the meaning assigned opposite in column B:
A | B |
Governing Body | Convention; Member Council; National Executive; and National Executive Committee |
Ordinary Meeting | a programmed meeting of a Governing Body that is not a special meeting or an out of session meeting |
Agenda and Scheduling
(b) An Ordinary Meeting of a Governing Body will be held for the Governing Body set out in column C on at least the number of occasions set out opposite in column D:
C | D |
Convention | one (1) each Quadrennial Term |
Member Council | one (1) each year of the Quadrennial Term |
National Executive | four (4) each year of the Quadrennial Term |
Convention
(c) The Ordinary Meeting of the Convention, being the Quadrennial Convention, will be held in the year of the Quadrennial Election at the time that the National Executive determines.
(d) The National Secretary will give the Convention Delegates, at least 21 days’ notice of a meeting under sub-rule (c).
(e) The National Secretary will formulate, in consultation with the National Executive, an agenda setting out the business, inclusive of business submitted by the Member Council, to be dealt with at the Ordinary Meeting, and will provide the agenda and associated papers to Convention Delegates prior to the commencement of a meeting under sub-rule (c).
Member Council
(f) An Ordinary Meeting of the Member Council will be held at least once each year, at the time that the National Executive determines.
(g) The National Secretary will give the members of the Member Council, at least 21 days’ notice of a meeting under sub-rule (f).
(h) The National Secretary will formulate, in consultation with the National Executive, an agenda setting out the business, inclusive of business submitted by the Member Council, to be dealt with at a meeting under sub-rule (f).
(i) The business submitted under sub-rule (f) must be submitted no later than 14 days prior to the day on which a meeting under sub-rule (f) is to commence.
(j) The National Secretary will provide to the members of the Member Council the agenda and associated papers for a meeting under sub-rule (f) no later than seven (7) days prior to the day on which the meeting is to commence.
National Executive
(k) An Ordinary Meeting of the National Executive will be held at a date and time to be determined by the National Executive.
(l) The members of the National Executive will be notified in writing by the National Secretary of the time, date, place and agenda of a meeting under sub-rule (k).
(m) The National Secretary will give members of the National Executive notice of a meeting under sub-rule (k) as practicable, but at least seven (7) days notice must be given by the means available.
National Executive Committee
(n) Ordinary Meetings of the National Executive Committee will be held as frequently as are required to conduct the business of the National Executive Committee at the dates and time determined by the National Executive Committee.
(o) The members of the National Executive Committee will be notified in writing by the National Secretary of the time, date, place and agenda of a meeting under sub-rule (n).
(p) The National Secretary will give members of the National Executive Committee notice of a meeting under sub-rule (n) as practicable, but at least 72 hours notice must be given by the means available.
Attendance and Quorum
(q) An Ordinary Meeting will be held at the Principal Office of the Union unless the National Secretary or the National Executive determines that another location is more convenient and is to be conducted by a method by which the respective members of the Governing Body can communicate each with each other.
(r) The quorum for an Ordinary Meeting is 50% of the total number of persons holding office on the Governing Body, plus one (1).
(s) Despite sub-rule (r) the quorum for an ordinary meeting of the Member Council is:
(i) 50% of the total number of persons holding office on Member Council, plus one (1); and
(ii) must comprise at least 50% of the Member Councillors who hold office under paragraph 32(c)(i).
(t) Subject to sub-rule (u), if no quorum is present at an Ordinary Meeting within 30 minutes after the time fixed for the commencement of the meeting, the meeting is adjourned for seven (7) days to the Principal Office at the same time for commencement and those members of the Governing Body in attendance, within 15 minutes of the time for commencing the meeting, will be quorum.
(u) If, at an Ordinary Meeting of the National Executive or the National Executive Committee, no quorum is present at the expiry of 30 minutes after the time fixed for the commencement of the meeting, then:
(i) the meeting will be adjourned, as determined by the National Secretary, for not less than one (1) day nor more than five (5) days;
(ii) the respective members will be given notice by the National Secretary, by the means available, of the date, time and place to which the meeting has been adjourned; and
(iii) if at the adjourned meeting no quorum is present, those present are quorum for the purpose of the business to be determined.
(v) The Union must pay reasonable travel expenses to an Officer attending an Ordinary Meeting.
Voting
(w) A question arising at an Ordinary Meeting will wherever possible be determined by consensus, provided that a question arising at the meeting which cannot be determined by consensus will, unless these rules otherwise require, be determined by a simple majority of the votes entitled to be cast by those present, in person or by proxy, and entitled to vote at the meeting.
(x) At an Ordinary Meeting a member of the Governing Body, including the Chair, has a deliberative vote only.
Late Items of Business
(y) Items of business not included in the agenda for an ordinary meeting of a Governing Body can only be considered at the ordinary meeting if a three-quarter (3/4) majority of the Officers in attendance at the meeting of the respective Governing Body determine to do so.
Waiver of Notice
(z) A member of a Governing Body may at any time waive the period of notice required in relation to an Ordinary Meeting.
41. A SPECIAL MEETING OF A GOVERNING BODY
(a) For the purpose of this rule, the words in column A have the meaning assigned opposite in column B:
A | B |
Governing Body | Convention; Member Council; National Executive; and National Executive Committee |
Special Meeting | a meeting of a Governing Body that is not an ordinary meeting or out of session ballot |
Calling
(b) A Special Meeting of the Convention will be held on the requisition of the:
(i) Member Council; or
(ii) National Executive.
(c) A Special Meeting of the Member Council will be held as soon as practicable on the:
(i) requisition of the:
A Member Council;
B National Executive;
C National President;
D National Secretary; or
(ii) written requisition of 10 members of the Member Council.
(d) A Special Meeting of the National Executive or the National Executive Committee will be held as soon as practicable on the requisition of:
(i) the National President when the National President considers that a matter of business needs urgent attention;
(ii) the National Secretary when the National Secretary considers that a matter of business needs urgent attention; or
(iii) five (5) members of the National Executive when those members consider that a matter of business needs urgent attention; or
(iv) on the requisition of two (2) members of the National Executive Committee when those members consider that a matter of business needs urgent attention.
(e) A requisition under sub-rules (b), (c) or (d) must set out the business to be dealt with at the Special Meeting and be provided to the National Secretary.
Notice
(f) The National Secretary will give the members of a respective Governing Body notice of a Special Meeting as is practicable, but at least 72 hours’ notice must be given by the means available, except for:
(i) a Special Meeting of the Convention where at least 14 days notice must be given; and
(ii) a Special Meeting of the National Executive Committee where only 48 hours notice must be given.
Business
(g) The business to be dealt with at a respective Special Meeting is the business respectively requisitioned under sub-rules (b), (c) or (d).
Conduct
(h) A Special Meeting will be held at the Principal Office unless the National Secretary determines that another location is more convenient.
(i) A Special Meeting is to be conducted by a method by which the members of the Governing Body can communicate each with each other.
(j) The quorum for a Special Meeting is a simple majority of the members of the Governing Body, who are entitled to attend and vote at the meeting, plus one (1).
(k) If, at a Special Meeting, no quorum is present within 30 minutes after the time fixed for the commencement of the Special Meeting, the meeting lapses.
Voting
(l) A question arising at a Special Meeting will wherever possible be determined by consensus, provided that a question arising at the meeting which cannot be determined by consensus will, unless these rules otherwise require, be determined by a simple majority of the votes entitled to be cast by those present, in person or by proxy, and entitled to vote at the meeting.
A | B |
Amalgamated Union | the union comprised of the Amalgamating Organisations on, and from, the Amalgamation Day |
Amalgamating Organisations | National Union of Workers |
Amalgamation Day | the date fixed by the Fair Work Commission as the day on which the proposed amalgamation of United Voice and the National Union of Workers takes effect |
Assets | has the meaning provided under section 35 of the Act |
Inaugural Convention | the body set out in Schedule 5 rule 20 |
Inaugural Member Council | the body set out in Schedule 5 rule 21 |
Inaugural National Executive | the body set out in Schedule 5 rule 25 |
Inaugural National Executive Committee | the body set out in Schedule 5 rule 26 |
Inaugural National President | the officer set out in Schedule 5 rule 22 |
Inaugural National Secretary | the officer set out in Schedule 5 rule 24 |
Inaugural National Vice President | the officer set out in Schedule 5 rule 23 |
Inaugural Office | an office of: |
Inaugural Quadrennial Elections | the elections conducted under Schedule 5 rule 65 |
Inaugural Term | the period between the Amalgamation Day and the declaration of elections for the Offices at the Inaugural Quadrennial Elections |
NUW | National Union of Workers |
Returning Officer | as provided for under Schedule 5 rule 53 |
UV | United Voice |
2. The purpose of this Schedule is to provide for the:
(a) amalgamation of UV and the NUW to constitute the Amalgamated Union; and
(b) Inaugural Quadrennial Elections.
3. The rules set out in this Schedule apply notwithstanding any other rule of the Amalgamated Union’s rules.
4. The rules set out in this Schedule, and the rules set out as rule 1 to rule 87 will commence to operate on, and from, the Amalgamation Day.
5. The Amalgamated Union and its Members will comply with the rule changes effected on Amalgamation Day as provided for in this Schedule.
6. A member of UV on the day immediately preceding the Amalgamation Day in a category set out in column A will, on the Amalgamation Day, be a member of the Amalgamated Union in the category set out opposite in Column B, without the payment of a further fee and will, under this Schedule, have the rights and obligations of a member in the respective category:
A | B |
Members | Industrial Member |
Life Members | Honorary Life Member |
Associate Members | Community Member |
Retired Members | Retired Member |
7. A member of the NUW on the day immediately preceding the Amalgamation Day in a category set out in column A will, on the Amalgamation Day, be a member of the Amalgamated Union in the category set out opposite in Column B, without the payment of a further fee and will, under this Schedule, have the rights and obligations of a member in the respective category:
A | B |
Member | Industrial Member |
Honorary Life Member | Honorary Life Member |
Associate Community Member | Community Member |
8. A person who is entitled to be an Industrial Member of the Amalgamated Union under Schedule 5 rules 6 or 7, will:
(a) without the payment of a further Membership Contribution be a Financial Industrial Member of the Amalgamated Union for the same period as they would, but for the amalgamation, have been a financial member of respectively UV or the NUW, as the case may be;
(b) following the period referred to in sub-rule (a), be obliged to make payment of Membership Contributions, under the rules of the Amalgamated Union; and
(c) for the purposes of continuity of membership of the amalgamated Union, be entitled to treat the period of continuous membership, preceding the Amalgamation Day, of respectively UV or the NUW as a period of continues membership of the Amalgamated Union.
9. A person who is entitled to be Community Member or a Retired Member of the Amalgamated Union under Schedule 5 rules 6 or 7, will:
(a) without the payment of a further fee be a financial Member of the Amalgamated Union for the same period as they would, but for the amalgamation, have been a financial member of respectively UV or the NUW, as the case may be; and
(b) following the period referred to in sub-rule (a), be obliged to make payment of fees, under the rules of the Amalgamated Union.
10. The Membership Contributions and fees to be paid by Members of the Amalgamated Union subsequent to the Amalgamation Day will, on the Amalgamation Day, be:
(a) for a Member who was a member of UV on the day immediately preceding the Amalgamation Day, at the level of Membership Contributions and fees paid by that member on the day immediately preceding the Amalgamation Day; and
(b) for a Member who was a member of the NUW on the day immediately preceding the Amalgamation Day at the level of Membership Contributions and fees paid by that member on the day immediately preceding Amalgamation Day.
11. Schedule 5 rule 10 does not prevent the National Executive from determining the level of Membership Contributions or fees to be paid by Members under the rules of the Amalgamated Union.
12. An Industrial Member of the Amalgamated Union who becomes a Member on or following the Amalgamation Day, other than under Schedule 5 rule 8, is liable to pay their Membership Contribution under the rules of the Amalgamated Union.
13. A Community Member, a Retired Member or a Political Member of the Amalgamated Union, who becomes a Member, on or following the Amalgamation Day, other than under Schedule 5 rule 9, is liable to pay their fees under the rules of the Amalgamated Union.
14. A member of UV who, on the day immediately preceding the Amalgamation Day, was liable to pay a levy to UV, is on the Amalgamation Day liable to pay that levy to the Amalgamated Union under the rules of the Amalgamated Union.
15. A member of the NUW who, on the day immediately preceding the Amalgamation Day, was liable to pay a levy to the NUW, is on the Amalgamation Day liable to pay that levy to the Amalgamated Union under the rules of the Amalgamated Union.
16. A member of UV who, on the day immediately preceding the Amalgamation Day, was liable to pay a fine to UV, is on the Amalgamation Day liable to pay that fine to the Amalgamated Union under the rules of the Amalgamated Union.
17. A member of the NUW who, on the day immediately preceding the Amalgamation Day, was liable to pay a fine to the NUW, is on the Amalgamation Day liable to pay that fine to the Amalgamated Union under the rules of the Amalgamated Union.
18. An Industrial Member of the Amalgamated Union who becomes a Member on or following the Amalgamation Day, is liable to pay Levies and Fines under the rules of the Amalgamated Union.
19. A Member of the Amalgamated Union who was, on the day immediately preceding the Amalgamation Day, an un-financial member of UV or the NUW will continue to be un-financial until they become financial under the rules of the Amalgamated Union.
20. On the Amalgamation Day the Inaugural Convention is:
Evelyn Acevedo (UV) |
Miroslav Adamovic (UV) |
Christine Aicken (UV) |
Susan Julia Allison (NUW) |
Judith Allison (UV) |
Jannette Armstrong (UV) |
Jane Arnett (UV) |
David Arthur (UV) |
Gamaleld Babiker (UV) |
Judith Barber (UV) |
Victor Barrientos (UV) |
Greg Bartels (UV) |
Steven Bateman (UV) |
Jillian Mary Batt (NUW) |
Angela Beatson (UV) |
Amy Bell (UV) |
Zaytoon Benjamin (UV) |
Imogen Alexandra Beynon (NUW) |
Laura Elizabeth Bienak (NUW) |
Jed Biolcati-Brennan (UV) |
Wendy Blackman (UV) |
Juanita Booth (UV) |
Emma Bowers (UV) |
Marissa Bratovich (UV) |
Julia Brough (UV) |
Dale Buckmaster (UV) |
Gary Bullock (UV) |
Sharron Caddie (UV) |
Emma Cain (UV) |
Helen Caldwell (UV) |
Martin Cartwright (NUW) |
Tanya Champs (UV) |
Michelle Chang (UV) |
Cecile Chavrez (UV) |
Deborah Christie (UV) |
Caterina Cinanni (NUW) |
Judeth Clarke (UV) |
David Geoffrey Clements (NUW) |
Evalyn Clow (NUW) |
Mark James Cochrane (NUW) |
Wes Cockburn (UV) |
Wendy Comerford (UV) |
George Coorey (UV) |
Brett John Cotterill (NUW) |
Robert Crawford (UV) |
Garry Mark Cripps (NUW) |
Catherine Daniels (UV) |
Kerrie Devir (UV) |
David DiTroia (UV) |
Tania Ditton (UV) |
Ian Michael Dixon (NUW) |
Craig Edward Dodgson (UV) |
Joel Dowden (UV) |
Donna Duke (UV) |
Christopher Stephen Dundon (NUW) |
Erina Early (UV) |
Alycia Economidis (NUW) |
Sharon Eurlings (UV) |
Cynthia Farr (UV) |
Michael Folks (UV) |
Ying Wai (Benny) Fong (UV) |
Michael Formica (UV) |
Ian Gair (UV) |
Agnes Galiza-Pua (NUW) |
Melanie Gatfield(UV) |
Mira Ghamrawi (UV) |
Quan Gia Chuc (NUW) |
Helen Gibbons (UV) |
Andrew Peter Giles (NUW) |
Brian Godfrey (UV) |
Phyllis De Gois (UV) |
Nicholas Keith Gordon (NUW) |
John Gow (NUW) |
Ruben Grageda (UV) |
David Gray (UV) |
Lucinda Greed (UV) |
Kylie Grey (UV) |
Lillian Grogan (UV) |
Jane Grundy (UV) |
Tim Bruce Gunstone (NUW) |
Shona Haddon (UV) |
Shuang Hagrebet (NUW) |
Maria Halwood (UV) |
Stephanie Hanrahan (UV) |
Desmond Hardman (UV) |
Zelda Harmer (UV) |
Lorna Harper (UV) |
John Hawker (UV) |
Rebecca Hayes (UV) |
Antony Hayman (UV) |
Melissa Henderson (UV) |
Kelly Ann Henry (NUW) |
Jeff Higgins (UV) |
Adrian Hinds (UV) |
Sarah Hipworth (UV) |
David Holder (UV) |
Grant Hollington (UV) |
Steven Ross Howie (NUW) |
Sheila Hunter (UV) |
Rahge Ibrahim (NUW) |
Wesley Inglis (UV) |
Marilyn Issanchon (NUW) |
Heather Jackson (UV) |
Belinda Louise Jacobi (NUW) |
Peter Jelly (UV) |
Josef Jindra (UV) |
Daniel Johnston (UV) |
Abel Joseph (UV) |
Gulsen Julie Kamber (NUW) |
Timothy John Kennedy (NUW) |
Paul Kershaw (UV) |
Bryan Kidman (UV) |
Lorinda Knox (UV) |
Julie Korlevska (UV) |
Dianne Koubek (UV) |
Heath Anthony Lamaro (NUW) |
Justin Lane (UV) |
Shannon Lavery (UV) |
Lemmuel Leech (NUW) |
Narorn Leung (NUW) |
Clare Josephine Lewis (NUW) |
Tracey Ann Lidsay (NUW) |
Trevor Liu (UV) |
Adam Richard Lord (NUW) |
Karma Lord (UV) |
Colin Ludgater (UV) |
Jennifer Lush (UV) |
Patrick John Luxford (NUW) |
Ian William Madgwick (NUW) |
Leah Malzard (UV) |
Siontuwu Mangawea (UV) |
Anna Martin (UV) |
Kenneth Martindale (UV) |
Corrin Maree Martyn (NUW) |
Maria McCabe (UV) |
Carol McCormack (UV) |
Stefania McGrath (UV) |
Vanessa (Vanity) McGrath (UV) |
Terry William McQuillan (NUW) |
Dominic Vincent Melling (NUW) |
Duarte Bruno Mendonca (NUW) |
Deirdre Meneaud (UV) |
Waru Noema Mastro Mete (NUW) |
Adam Micheal Auld (NUW) |
Tegan Jill Milliken (NUW) |
Colin Minns (NUW) |
Godfrey Edward Moase (NUW) |
Anwer Mohamed (UV) |
Sarah Lee Monaghan (UV) |
Karen Moran (UV) |
Charlie Morgan (NUW) |
Sharon Lorna Morris (NUW) |
Maria Morrison (UV) |
Dario Mujkic (NUW) |
Margarita Murray-Stark (UV) |
John William Newton (NUW) |
Ghazi Hashem Noshi (NUW) |
Ange Oborn (UV) |
Patrick O'Donnell (UV) |
Anthony Oldfield (NUW) |
Ian Pandilovski (UV) |
Delma Panhuyen (UV) |
Taryn Pardey (UV) |
Kim Parker (UV) |
Paul Payne (NUW) |
Geoffrey Pearson (NUW) |
Jason Perry (NUW) |
Perry Yarso Pewee (NUW) |
Helen Piggott (UV) |
Demi Pnevmatikos (UV) |
Barbara Possingham (UV) |
Kim Prescott-Brown (UV) |
Adam Quill (UV) |
Stephen John Radford (UV) |
Karthika Raghwan (NUW) |
Iris Raye (UV) |
Ben Redford (UV) |
Benjamin James Frances Reichstein (NUW) |
Cheyne Rich (UV) |
Paul Richardson (NUW) |
Andrew Lawrence Riley (NUW) |
Sam Franklin Roberts (NUW) |
Sherelle Estelle Roberts (NUW) |
Lindsay Roberts (UV) |
Jessica Robinson (UV) |
Malcolm Rose (UV) |
John Dibbs Rowbotham (NUW) |
Tim Rowbottom (UV) |
Lyndal Ryan (UV) |
Suzanne Sarojin Gounder (UV) |
Mark Robert Schmidt (NUW) |
Jo-anne Schofield (UV) |
Sharon Seddon (UV) |
Mark Sedgman (UV) |
Monique Segan (NUW) |
Rhonda Seychell (NUW) |
Craig Anthony Shannon (NUW) |
Jeanette Shepherd (UV) |
Hayden Smallwood (UV) |
Neil Allan Smith (NUW) |
Carolyn Smith (UV) |
Ruth Sorbello (UV) |
Laura Stevens (UV) |
Antoinette Stewart (UV) |
Heather Stroud (UV) |
Joanne Patricia Sutton (UV) |
Rebecca Swainson (UV) |
Daniel Symes (UV) |
Susan Szalay (UV) |
Andrew T. Jones (UV) |
Bree Taylor (NUW) |
Margaret Joyce Te-Awa (NUW) |
Philip Tilbrook (UV) |
Mathew Charles Toner (NUW) |
Arthur Tsimopoulos (UV) |
Jan Tuiach (UV) |
Martine Tulloch (UV) |
Barbara Turomsza (UV) |
Christine Wagland (UV) |
Linda Watson (UV) |
Robyn Weate (UV) |
Janice Carol Wells (NUW) |
Mark Andrew Whenan (NUW) |
Monique Wickham (UV) |
Christopher John Wilkinson (NUW) |
Janet Williams (UV) |
Kathryn Williams (UV) |
Sue-Anne Wills (UV) |
Bernd Winkler (UV) |
Kenton James Winsley (UV) |
Andreas Wittmann (NUW) |
Samantha Wright (NUW) |
Vicki Wright (UV) |
Guven Yagci (NUW) |
the persons elected to office in United Voice from the election being conducted by the Australian Electoral Commission in E2019/40 who are not provided for in this sub-rule. |
21. On the Amalgamation Day the Inaugural Member Council is:
Gamal Babiker (UV) |
Judith Barber (UV) |
Amy Bell (UV) |
Jude Clarke (UV) |
David Geoffrey Clements (NUW) |
Evalyn Clow (NUW) |
Cathy Daniels (UV) |
Phyllis De-Gois (UV) |
Kerrie Devir (UV) |
Joel Dowden (UV) |
Christopher Stephen Dundon (NUW) |
Sharon Eurlings (UV) |
Michael Formica (UV) |
Agnes Galiza-Pua (NUW) |
Mira Ghamrawi (UV) |
Nicholas Keith Gordon (NUW) |
Suzanne Gounder (UV) |
John Gow (NUW) |
Kylie Grey (UV) |
Lillian Grogan (UV) |
Shona Lee Hadden (UV) |
Maria Halwood (UV) |
Anthony Hayman (UV) |
Wes Inglis (UV) |
Heather Jackson (UV) |
Justin Lane (UV) |
Tracey Ann Lidsay (NUW) |
Leah Malzard (UV) |
Carol McCormack (UV) |
Deidre Meneaud (UV) |
Colin Minns (NUW) |
Karen Moran (UV) |
John William Newton (NUW) |
Delma Panhuyzen (UV) |
Paul Payne (NUW) |
Kim Prescott-Brown (UV) |
Steve Radford (UV) |
Sherelle Estelle Roberts (NUW) |
Rhonda Seychell (NUW) |
Hayden Smallwood (UV) |
Margarita Murray - Stark (UV) |
Sue Szalay (UV) |
Arthur Tsimopoulos (UV) |
Barb Turomsza (UV) |
Robyn Weate (UV) |
Janet Williams (UV) |
Kathryn Williams (UV) |
Kenton Winsley (UV) |
Andreas Wittman (NUW) |
Samantha Wright (NUW) |
22. On the Amalgamation Day the Inaugural National President is Jo-Anne Schofield.
23. On the Amalgamation Day the Inaugural National Vice Presidents are:
Inaugural National Vice-President | Susan Julia Allison |
Inaugural National Vice-President | Gary Bullock |
Inaugural National Vice-President | Samuel Franklin Roberts |
Inaugural National Vice-President | Carolyn Smith |
24. On the Amalgamation Day the Inaugural National Secretary is Timothy John Kennedy.
25. On the Amalgamation Day the Inaugural National Executive is:
Inaugural National President | see Schedule 5 rule 22 |
Inaugural National Vice-President | see Schedule 5 rule 23 |
Inaugural National Vice-President | see Schedule 5 rule 23 |
Inaugural National Vice-President | see Schedule 5 rule 23 |
Inaugural National Vice-President | see Schedule 5 rule 23 |
Inaugural National Secretary | see Schedule 5 rule 24 |
Inaugural National Executive Member | Jannette Armstrong |
Inaugural National Executive Member | Sharron Caddie |
Inaugural National Executive Member | Martin Cartwright |
Inaugural National Executive Member | Caterina Cinanni |
Inaugural National Executive Member | Mel Gatfield |
Inaugural National Executive Member | Helen Gibbons |
Inaugural National Executive Member | Karma Lord |
Inaugural National Executive Member | Godfrey Edward Moase |
Inaugural National Executive Member | Dario Mujkic |
Inaugural National Executive Member | Demi Pnevmatikas |
Inaugural National Executive Member | Ben Redford |
Inaugural National Executive Member | Paul Richardson |
Inaugural National Executive Member | Lyndal Ryan |
26. On the Amalgamation Day the Inaugural National Executive Committee is:
Inaugural National President | see Schedule 5 rule 22 |
Inaugural National Vice-President | see Schedule 5 rule 23 |
Inaugural National Vice-President | see Schedule 5 rule 23 |
Inaugural National Vice-President | see Schedule 5 rule 23 |
Inaugural National Vice-President | see Schedule 5 rule 23 |
Inaugural National Secretary | see Schedule 5 rule 24 |
27. If on Amalgamation Day there is a person who, under this Schedule, holds an office in column A but who is not available to take up that office or has declined to take up that office, then the Inaugural National Executive may fill the vacancy, subject to the Act, by appointment of a person who was an officer of the Amalgamating Organisations on the day preceding the Amalgamation Day and is otherwise qualified, by the rules of the Amalgamated Union, to hold the office immediately opposite in column B:
A | B |
Inaugural Convention Delegate | Convention Delegate |
Inaugural Member Councillor | Member Councillor |
Inaugural National President | National President |
Inaugural National Vice-President | National Vice-President |
Inaugural National Secretary | National Secretary |
Inaugural National Executive Member | National Executive Member |
28. The officers of the:
(a) Inaugural Convention;
(b) Inaugural Member Council;
(c) Inaugural National Executive; and
(d) Inaugural National Executive Committee,
will hold office until they resign, are removed from office under the rules of the Amalgamated Union, they die or their successors are declared elected under the rules of the Amalgamated Union.
29. A casual vacancy occurs in an Inaugural Office, where the holder of the Inaugural Office:
(a) dies;
(b) resigns from Inaugural Office; or
(c) is removed from Inaugural Office under these the rules of the Amalgamated Union,
during the Inaugural Term.
30. Where a casual vacancy occurs in an office of:
(a) Inaugural Member Councillor the vacancy is to be filled, subject to this Schedule, by appointment by the Inaugural Member Council from the Inaugural Convention Delegates with a person who has been a Financial Industrial Member continuously for the 12 months immediately prior to the appointment; or
(b) Inaugural National Executive the vacancy is to be filled, subject to this Schedule, by appointment by the Inaugural Member Council from the Inaugural Convention Delegates with a person who:
(i) has been a Financial Industrial Member continuously for the 12 months immediately prior to the appointment; and
(ii) during the 12 months immediately prior to the appointment has been:
A regularly employed in an Occupation;
B a member of the Inaugural National Executive; or
C an Official.
31. The Inaugural Member Council in making an appointment under Schedule 5 rule 30 must respectively ensure that:
(a) at least 50% of the Inaugural Convention Delegates are women; and
(b) at least 50% of the Inaugural National Executive are women.
32. A casual vacancy in the office of Inaugural Convention Delegate:
(a) is not required to be filled until the number of Inaugural Convention Delegates holding office is less than 50% of the number of persons holding office as Inaugural Convention Delegates on the Amalgamation Day; and
(b) is to be filled by election from the Financial Industrial Members.
33. Despite Schedule 5 sub-rule 32(a), the Inaugural Member Council may determine at any time to fill a casual vacancy in the Inaugural Convention.
34. Subject to this Schedule, casual vacancies are to be filled as soon as practicable.
35. A person elected or appointed under this Schedule holds office under this Schedule for the balance of the Inaugural Term.
36. The officer or group of officers set out in column A will, during the period commencing on the Amalgamation Day and ending under Schedule 5 rule 28, act with the powers and have the obligations under the rules of the Amalgamated Union of the respective officer or group of officers set out opposite in column B:
A | B |
Inaugural Convention | Convention |
Inaugural Member Council | Member Council |
Inaugural National Executive | National Executive |
Inaugural National Executive Committee | National Executive Committee |
Inaugural National President | National President |
Inaugural National Vice-President | National Vice-President |
Inaugural National Secretary | National Secretary |
37. The rules of the Amalgamated Union, that apply to the governance body or officer set out in column a will during the period commencing on the Amalgamation Day and ending when elections for that respective governance body are declared at the Inaugural Quadrennial Elections, apply to the governance body or officer set out opposite in column B:
A | B |
Convention | Inaugural Convention |
Member Council | Inaugural Member Council |
National Executive | Inaugural National Executive |
National Executive Committee | Inaugural National Executive Committee |
National President | Inaugural National President |
National Vice-President | Inaugural National Vice-President |
National Secretary | Inaugural National Secretary |
38. The Inaugural Convention will meet no later than 30 June 2020.
39. The position holders on the following bodies, who were position holders on the day immediately preceding the Amalgamation Day, may attend a meeting of and participate in the business of the Inaugural Convention, but do not count towards quorum and are not entitled to vote:
(a) United Voice Branch Councils; and
(b) the AEAV Council.
40. The Electorates on the Amalgamation Day are:
Electorates | Electoral Divisions (as determined by the Australian Electoral Commission on the day preceding Amalgamation Day) |
Brisbane Central | Bonner |
Brisbane West | Groom |
Central Adelaide | Adelaide |
Central Australia | Grey |
Eastern Victoria | Casey |
Logan and Bayside | Bowman |
Melbourne East | Aston |
Melbourne North West | Calwell |
Melbourne South East | Bruce |
Melbourne South West | Gellibrand |
Melbourne Central | Cooper |
Moreton Bay | Dickson |
North Queensland | Capricornia |
Northern New South Wales and Gold Coast | Cowper |
North Adelaide | Makin |
South Adelaide and the Hills | Boothby |
Southern New South Wales | Bean |
Sunshine Coast and Central Queensland | Blair |
Sydney – North and Central Coast | Bennelong |
Sydney – North West | Chifley |
Sydney – South East | Banks |
Sydney – South West | Fowler |
Tasmania | Bass |
Western Australia 1 | Cowan |
Western Australia 2 | Burt |
Western Australia 3 | Brand |
Western New South Wales | Barker |
Western Victoria | Ballarat |
, provided that this sub-rule does not prevent the Inaugural Member Council from making a determination under the rules of the Amalgamated Union to alter the Electorates.
41. As soon as is practicable following the Amalgamation Day the National Secretary will call a meeting of the:
Member Council |
National Executive |
National Executive Committee |
42. Member delegates of UV will on the Amalgamation Day be workplace representatives of the Amalgamated Union.
43. The real property and personal property of UV on the day immediately preceding the Amalgamation Day will on, and from, the Amalgamation Day be held in the National Fund under the rules of the Amalgamated Union.
44. The real property and personal property of the NUW on the day immediately preceding the Amalgamation Day will on, and from, the Amalgamation Day be held in the National Fund under the rules of the Amalgamated Union.
45. The liabilities of UV on the day immediately preceding the Amalgamation Day will become the liabilities of the Amalgamated Union on the Amalgamation Day.
46. The liabilities of the NUW on the day immediately preceding the Amalgamation Day will become the liabilities of the Amalgamated Union on the Amalgamation Day.
47. An affiliation on the day immediately preceding the Amalgamation Day to a state or national organisation by UV or the NUW will be continued from the Amalgamation Day by the Amalgamated Union under the rules of the Amalgamated Union, with the Amalgamated Union’s representation determined by the Inaugural National Executive.
48. A proceeding commenced prior to the Amalgamation Day, in the name of UV or the NUW, will on the Amalgamation Day be continued in the name of the Amalgamated Union.
49. A proceeding commenced under UV’s rules prior to the Amalgamation Day, against a member of UV will on the Amalgamation Day be continued under the rules of the Amalgamated Union.
50. A proceeding commenced under the NUW’s rules prior to the Amalgamation Day, against a member of the NUW will on the Amalgamation Day be continued under the rules of the Amalgamated Union.
51. Where prior to the Amalgamation Day a member of UV has been suspended from membership for a period, that member will on the Amalgamation Day continue to be suspended from membership of the Amalgamated Union until the total period of suspension, given by way of penalty under the rules of UV, has elapsed.
52. Where prior to the Amalgamation Day a member of the NUW has been suspended from membership for a period, that member will on the Amalgamation Day continue to be suspended from membership of the Amalgamated Union until the total period of suspension, given by way of penalty under the rules of the NUW, has elapsed.
53. The Inaugural National Executive will, promptly after the Amalgamation Day, appoint the Returning Officer.
54. The Auditor of the Amalgamated Union on Amalgamation Day will be Mr Graeme Kent c/o MGI Level 1 200 Mary Street, Brisbane QLD 4000.
55. Schedule 5 rule 54 does not prevent the National Executive from determining to replace the Auditor under the rules of the Amalgamated Union.
56. The Financial Records, documents, computer records and registers of UV as they existed on the day immediately preceding the Amalgamation Day become, on the Amalgamation Day, the property of the Amalgamated Union.
57. The Financial Records, documents, computer records and registers of the NUW as they existed on the day immediately preceding the Amalgamation Day become, on the Amalgamation Day, the property of the Amalgamated Union.
58. Trustees in respect of any of Assets in which the UV has a beneficial interest will, as soon as is practicable following the Amalgamation Day, transfer all Assets held on trust by them to and to be held in the National Fund under the rules of the Amalgamated Union, and the trustees will retire with effect from the date that the transfers of the Assets into the National Fund are completed by registration or otherwise.
59. Trustees in respect of any of Assets in which the NUW has a beneficial interest will, as soon as is practicable following the Amalgamation Day, transfer all Assets held on trust by them to and to be held in the National Fund under the rules of the Amalgamated Union, and the trustees will retire with effect from the date that the transfers of the Assets into the National Fund are completed by registration or otherwise.
60. A trustee to whom Schedule 5 rule 58 or 59 applies will, as soon as is practicable following the Amalgamation Day, respectively:
(a) give the National Secretary Assets capable of transfer by delivery;
(b) give the National Secretary books, documents, and records in their possession or under their control relating to their respective trust;
(c) execute the documents necessary or desirable to evidence or give effect to the transition contemplated by this sub-rule and Schedule 5 rules 58 and 59; and
(d) deliver to the National Secretary a notice of retirement as trustee effective from the date that the transfers of the Assets into the National Fund are completed by registration or otherwise.
61. On Amalgamation Day an Administrative Regulation, providing for the following matters, will apply:
(b) there will be a Union Sub-Committee for Victorian Ambulance Officer members to be called the AEAV Council;
(c) the AEAV Council will be comprised of:
(i) the convenor of the AEAV Council, who will be known as the ‘AEAV Secretary’;
(ii) an Assistant Secretary of the AEAV Council;
(iii) representatives elected from four zones, as follows:
A Zone 1 – Metropolitan – 18 Representatives;
B Zone 2 – Regional – 15 Representatives;
C Zone 3 – Private Non-Emergency Patient Transport – 3 Representatives; and
D Zone 4 – Emergency Services Telecommunications Authority – 3 Representatives;
(iv) that zone representatives will:
A represent the interests of members in each zone;
B undertake on behalf of the zone duties and functions determined by the AEAV Council; and
C make recommendations to the AEAV Council in relation to matters affecting the interests of members of that zone; and
(v) that meetings of a zone will be held at the times and places the zone representatives consider appropriate, provided that a copy of the minutes of each meeting must be submitted to the AEAV Council.
(d) The National Executive will have responsibility, in relation to the AEAV Council, to safeguard the financial and organisational integrity of the Amalgamated Union.
(e) The National Executive will determine the most efficient means of servicing the Victorian Ambulance Officer members.
(f) Subject to annual operational plans determined by the National Executive the AEAV Council will have the control and management of the industrial, recruitment, publicity and organisational operations for the Victorian Ambulance Officer members.
(g) The AEAV Council is to:
(i) co-ordinate industrial, and industry, activities for Victorian Ambulance Officer members;
(ii) develop relevant policy for Victorian Ambulance Officer members;
(iii) co-ordinate information flow across Victoria and nationally; and
(iv) develop representations to the Victorian government regarding the specific needs of Victorian Ambulance Officer members.
(h) The AEAV Council must submit a proposed annual operation plan for consideration by the National Executive.
(i) The National Executive is to determine an annual operational plan for the AEAV Council.
(j) The AEAV Council may request that the National Executive make a determination for specific expenditure, that is not included in the annual operation plan.
(k) The National Executive will ensure that the industrial, professional and community status and interests of Victorian Ambulance Officer members are advanced and catered for.
(l) The National Executive commits that the level of resources allocated to the Victorian Ambulance Officer members, on the day preceding Amalgamation Day, will be maintained by the Amalgamated Union, provided that there is no significant change in membership of the Victorian Ambulance Officer members.
(m) In the event of a significant change in membership of the Victorian Ambulance Officer members:
(i) discussions will occur between the National Executive to determine the means of best servicing the needs of the Victorian Ambulance Officer members; and
(ii) the National Executive commits to adjusting the level of resources to reflect the significant change in the membership of the Victorian Ambulance Officer members.
62. The Inaugural National Executive will, as soon as practicable following Amalgamation Day, determine the persons who are to be admitted as Political Members, which is to include any member of either the NUW or UV who is no longer working in an Occupation but who is entitled to be admitted to membership under the rules of the Amalgamated Union as a Political Member.
63. The Inaugural National Secretary will promptly, following the Amalgamation Day, ensure that the things required to be done under sections:
(a) 82 of the Act – in relation to land and interests in relation to land;
(b) 83 of the Act – in relation to charges;
(c) 84 of the Act – in relation to shares;
(d) 85 of the Act – in relation to other assets,
to protect the interests of the Amalgamated Union, are done.
64. The Inaugural National Secretary will as soon as practicable as required under:
(a) this Schedule;
(b) the rules of the Amalgamated Union; and
(c) section 81 of the Act,
take the steps necessary to ensure the amalgamation of the Amalgamating Organisations is fully effective.
65. The Amalgamated Union will conduct Quadrennial Elections in 2022.
66. Except as otherwise provided for in this Schedule, this Schedule may be altered by resolution of the Inaugural Member Council provided that of the votes cast three-quarters (¾) of the total vote are cast in favour of any alteration.
*End of Rules*
1 [2019] FWC 3931
2 [2019] FWC 4260
3 Letter from Hall & Payne Lawyers dated 18 July 2019
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