I CERTIFY under section 161 of the Fair Work (Registered. Organisations) Act 2009 that the pages herein numbered 1

Transcription

1 I CERTIFY under section 161 of the Fair Work (Registered Organisations) Act 2009 that the pages herein numbered 1 to 55 both inclusive contain a true and correct copy of the registered rules of the Construction, Forestry, Maritime, Mining and Energy Union, The Maritime Union of Australia Division. DELEGATE OF THE GENERAL MANAGER FAIR WORK COMMISSION

2 Contents Rules of the CFMMEU, The Maritime Union of Australia Division Contents THE MARITIME UNION OF AUSTRALIA DIVISION RULES NAME DELETED ELIGIBILITY FOR DIVISION OBJECTS NATIONAL OFFICE OF THE DIVISION ADMISSION TO MEMBERSHIP MEMBERSHIP OF DIVISIONAL BRANCHES MEMBERSHIP BOOK/CARD REGISTER OF MEMBERS FINANCIAL OBLIGATIONS TO MEMBERSHIP RESIGNATION FROM MEMBERSHIP MEMBERS SEEKING LEAVE FROM OCCUPATION LIFE MEMBERSHIP PRIOR MEMBERSHIP IN OTHER UNIONS GOVERNMENT OF THE DIVISION DIVISIONAL NATIONAL COUNCIL COMPOSITION DIVISIONAL NATIONAL COUNCIL - MEETINGS DIVISIONAL NATIONAL EXECUTIVE ANNUAL GENERAL MEETING OF MEMBERS OF THE DIVISION SPECIAL MEETING OF MEMBERS OF THE DIVISION CONDUCT OF ANNUAL GENERAL AND SPECIAL MEETINGS OF MEMBERS OF THE DIVISION MONTHLY DIVISIONAL BRANCH GENERAL MEETINGS OF MEMBERS OF THE DIVISION SPECIAL MEETINGS OF DIVISIONAL BRANCH MEMBERS DIVISIONAL NATIONAL CONFERENCE DIVISIONAL BRANCHES - GOVERNMENT DIVISIONAL BRANCHES - EXECUTIVE DIVISIONAL BRANCHES - AREAS DIVISIONAL BRANCH COMMITTEES PORT, SHIP AND OTHER AREA COMMITTEES WOMEN S COMMITTEE AND DIVISIONAL NATIONAL WOMEN S REPRESENTATIVE OFFICERS OF THE DIVISION DIVISIONAL NATIONAL SECRETARY - POWERS AND DUTIES DIVISIONAL DEPUTY NATIONAL SECRETARY - POWERS AND DUTIES DIVISIONAL ASSISTANT NATIONAL SECRETARY/S - POWERS AND DUTIES DIVISIONAL NATIONAL PRESIDING OFFICER - POWERS AND DUTIES DIVISIONAL DEPUTY NATIONAL PRESIDING OFFICER DIVISIONAL NATIONAL VICE-PRESIDING OFFICERS DIVISIONAL BRANCH SECRETARY - POWERS AND DUTIES DIVISIONAL DEPUTY BRANCH SECRETARY - POWERS AND DUTIES DIVISIONAL ASSISTANT BRANCH SECRETARY - POWERS AND DUTIES i

3 Contents 41 - DIVISIONAL BRANCH PRESIDING OFFICER - POWERS AND DUTIES CASUAL VACANCIES QUADRENNIAL ELECTIONS RETURNING OFFICERS NOMINATIONS ROLL OF VOTERS ELECTION PROCEDURES ELECTION OF DIVISIONAL NATIONAL PRESIDING OFFICERS ELECTION OF DIVISIONAL BRANCH PRESIDING OFFICER FUNDS AUDITOR FINANCIAL STATEMENTS POWER OF DIVISIONAL NATIONAL SECRETARY TO REQUIRE DIVISIONAL BRANCH BOOKS DISCLOSURE OF OFFICER S RELEVANT REMUNERATION AND NON CASH BENEFITS DISCLOSURE OF OFFICER S MATERIAL PERSONAL INTERESTS DISCLOSURE OF CERTAIN PAYMENTS TRAINING OF OFFICERS CHARGES AND DISCIPLINE REMOVAL OF OFFICERS ALLIANCE WITH OTHER LABOUR ORGANISATIONS POWER TO EXECUTE AGREEMENTS SUBMISSION OF INDUSTRIAL DISPUTES SEAL CHANGES TO RULES DISSOLUTION OF THE DIVISION PLEBISCITE DEFINITIONS TRANSITIONAL RULE ii

4 4 - OBJECTS THE MARITIME UNION OF AUSTRALIA DIVISION RULES 1 - NAME The name of the Division shall be The Maritime Union of Australia Division known as the MUA Division. 2 - DELETED 3 - ELIGIBILITY FOR DIVISION Every member who is a member of the Union by virtue of Rule 2(S) (Eligibility) of the National Rules shall belong to this Division. 4 - OBJECTS The objects of the Division shall include those listed below and all monies expended for any of the objects shall be deemed to be part of the ordinary expenditure of the Division within the meaning of the RO Act. (e) (f) (g) (h) To regulate and protect the wages and conditions under which all members or other persons entitled to become members of the Division may be employed, to control the supply of labour, to take such steps as may be necessary for the efficient operation of the industries in or in connection with the maritime industry, to regulate relations between the members and their employers and between the members and other employees in or in connection with the maritime industry and to foster the best interests of the members of the Division. To improve industrial relations in the industry and undertakings where members are employed and to exercise all the powers, privileges and advantages of employees under RO Act and any legislation replacing that Act and under any Commonwealth or State legislation, or any other legislation in any way relating to the maritime industry either directly or indirectly affecting the members. To provide legal assistance to the Division and its members. To secure preference of employment for members. To protect members from any infringement of their rights. To secure or assist in securing legislation for safety in or in connection with the maritime industry and for the general and material well being of members. To establish funeral, sick, accident, unemployment or other insurance or assurance funds or benefits for the assistance of members. To establish Divisional Branches and Port, Ship and Area Committees throughout Australia and its Territories. To effect unity between the Divisional Branches and other bodies of a similar character. Page 1 of 55 Pages

5 5 - NATIONAL OFFICE OF THE DIVISION (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) To work as far as is lawful in harmony with other labour unions. To establish and maintain a Divisional journal or journals for the publication of matters directly or indirectly relating to the affairs of the Division or its members, and where approved by Divisional National Council to assist to establish or maintain labour and trade union journals, radio and television broadcasting stations and other means of mass communication, information or education. To promote the interchange of membership between the Division and other maritime unions throughout the world. To assist members by loan or otherwise. To constitute, conduct, carry on and manage clubs for the benefits of members. To amalgamate with, join, absorb, affiliate to, or co-operate or otherwise combine with any trade or industrial union or association or associations of trade unions and to be represented on other bodies and trade union organisations. To render financial assistance to Divisional Branches or other union or labor organisations for any charitable purpose. To take part in any or all questions of matters affecting or involving the wages and conditions of labour. To grant assistance to members who are shipwrecked. To establish and/or support co-operative ventures generally and to do such other things which may be deemed necessary in connection therewith. To hold, purchase, lease, transfer, rent, sell, mortgage or otherwise deal in property and to enter into contracts and agreements in connection with same and to do all such other things as may be deemed necessary in connection therewith provided that where such property is in the care, custody and control of the Division, it shall be subject to governance in accordance with the Divisional Rules and the National Rules. To raise funds for the furtherance of the aforesaid objects. To do all such other acts and things as are incidental or in any way related to the carrying out of the above objects. 5 - NATIONAL OFFICE OF THE DIVISION The National Office of the Division shall be at Sussex Street, Sydney in the State of New South Wales or such other place as Divisional National Council may from time to time determine consistent with Rule 32. The office of each of the Divisional Branches shall be located at the place set out in the Divisional Rules or at such other place as Divisional National Council may from time to time determine. Page 2 of 55 Pages

6 7 - MEMBERSHIP OF DIVISIONAL BRANCHES 6 - ADMISSION TO MEMBERSHIP Any person whose usual occupation is one of those covered by National Rule 2(S) (Eligibility) may apply for membership of the Division by completing and signing an application for membership. An applicant shall be informed by the Divisional National Secretary or the Divisional National Secretary s nominee, in writing, of the financial obligations arising from membership and the circumstances, and manner in which a member may resign from the Division as provided for at Rule 11 herein. Applications for membership shall be made to the Divisional Branch Secretary. The Divisional Branch Secretary or the Divisional Branch Secretary s nominee shall immediately forward to the Divisional National Secretary or the Divisional National Secretary s nominee a copy of the applicant's completed application for membership and such applicant shall become a member of the Division upon acceptance of the application by the Divisional National Secretary and upon payment of membership contributions as determined pursuant to the Divisional Rules. A former member shall not be readmitted to membership until all contributions, levies and/or fines outstanding to the Division have been paid. (e) 7 - MEMBERSHIP OF DIVISIONAL BRANCHES A member shall be a member of the Divisional Branch which embraces the area in which the member is registered. A member who is not registered shall be a member of the Divisional Branch which embraces the area in which the member is employed. Where a member is not registered and is not employed within the area of one Divisional Branch then the member shall be a member of the Divisional Branch which embraces the member's place of residence. The Divisional National Secretary shall be responsible for ensuring that members are members of the appropriate Divisional Branch in accordance with the Divisional Rules. Members shall be able to transfer from Divisional Branch to Divisional Branch provided that written approval has been obtained: (iii) From the Divisional Branch Secretary of the Divisional Branch from which the member wishes to transfer; and from the Divisional Branch Secretary of the Divisional Branch to which the member wishes to transfer; and from the Divisional National Secretary. Page 3 of 55 Pages

7 9 - REGISTER OF MEMBERS 8 - MEMBERSHIP BOOK/CARD On becoming a member of the Division each member shall be issued with a Membership Book/Card. A Membership Book/Card shall be produced to an Officer of the Division or any person appointed by the Division upon reasonable notice to a member. Any member losing a Membership Book/Card shall be issued with a new Membership Book/Card on payment of replacement costs if any. The Membership Book/Card together with all coupon receipts contained therein shall at all times remain the sole property of the Division. 9 - REGISTER OF MEMBERS There shall be a Register of Members of the Division to be kept by the Divisional National Secretary at the National Office of the Division which shall record each member's:- name date of birth (iii) postal address (iv) date of joining the Division (v) Divisional Branch (vi) membership record (vii) financial status (viii) rating or classification (ix) registration (where applicable) (x) port of registration (where applicable) A member shall notify the Division of changes to the member s records and details including: (iii) (iv) (v) (vi) (vii) Name Residential Address Postal Address Divisional Branch Rating or Classification Employer Worksite or Vessel Page 4 of 55 Pages

8 10 - FINANCIAL OBLIGATIONS TO MEMBERSHIP Any member who is required to pay contributions or levies in conformity with Rule 10 and who has not paid that amount for a continuous period of 24 months since that amount became payable shall have their name and postal address removed from the register of Members of the Division within 12 months after the expiration of the 24 month period. Membership Contributions 10 - FINANCIAL OBLIGATIONS TO MEMBERSHIP (e) Membership contributions per annum or per week shall be set by Divisional National Council but at no time shall exceed 5% of a members' annual or weekly classification rate of pay respectively. Divisional National Council may set contributions at different levels for different groups of the membership. Subject to sub-rule hereof contributions shall be paid in advance and may be paid fortnightly, monthly, quarterly, half-yearly or yearly. Deleted Subject to sub-rule hereof a new member shall commence paying contributions by paying four weeks in advance. Levies (f) Divisional National Council may from time to time impose a levy or levies on all members of the Division or any group of the membership. Any such levy shall be due on the date or dates specified in the resolution of Divisional National Council imposing the levy. Provided that a member shall not be required to pay in any financial year a total amount in levies exceeding one-half of the amount of membership contributions per annum applicable to the member. Payment of Contributions (g) (h) All contributions and levies shall be paid to the Divisional Branch Secretary unless otherwise determined by Divisional National Council. Payment of contributions by payroll deduction or by deduction from an account in the members' name in a financial institution may be made where a member has authorised an employer or a financial institution to deduct the contribution from the member's wage or account and the employer or financial institution has agreed to make such deduction and regularly submit the contribution to the Divisional Branch Secretary or the Division's account. Subject to sub-rule (j) hereof a member who elects to pay contributions in accordance with this Sub-Rule shall be deemed financial from the date of authorising such deduction provided the member owed no arrears in contributions prior to authorising the deduction. Page 5 of 55 Pages

9 10 - FINANCIAL OBLIGATIONS TO MEMBERSHIP Unfinanciality Any member who has failed to pay membership contributions within 12 weeks after the day upon which they became due shall be unfinancial until all such contributions have been paid. Notwithstanding the foregoing, where a member arranges in accordance with this Rule to pay contributions to the Division and payments fail to be submitted in accordance with the arrangement, the member shall be deemed financial. The Divisional National Secretary may notify the member in writing of the failure and that unless the member pays contributions due in accordance with Sub-Rules (e), (f) and (h) of this Rule within 60 days of the date of the notice, the member shall be unfinancial from the expiration of that period until all contributions due in accordance with the Rules have been paid. Once so notified, any deeming provisions shall expire after 60 days from the date of notification. (j) A member who has failed to pay a levy within 12 weeks of the date upon which it is due shall be unfinancial until it has been paid. Consequences of Unfinanciality (k) A member who is unfinancial shall not be entitled to take part in the Division's affairs or claim any of the privileges of membership until all arrears, including any late payment fines, have been paid up, except as otherwise specifically provided by the Rules. An unfinancial member shall not be included as a member for the purposes of assessing members for any quorum, requisition, nomination or election. A member who remains unfinancial for a continuous period in excess of 6 months and who has not complied with a Payment in Arrears Notice issued by the Division, may have his/her membership cancelled in accordance with Sub-Rule 12 of these Rules. (l) (m) Deleted Deleted Exemptions (n) Divisional National Council may in any case in which it appears appropriate, exempt any member wholly or partially and for such period as it may specify, having regard to the circumstances of the particular case, from payment of the contributions, levies that only apply to any unpaid period. Page 6 of 55 Pages

10 12 - MEMBERS SEEKING LEAVE FROM OCCUPATION 11 - RESIGNATION FROM MEMBERSHIP A member of the Division may resign from membership by electronic communication or written notice addressed and delivered to the Divisional Branch Secretary. Such notice of resignation from membership of the Division takes effect: where the member ceases to be eligible to become a member of the Division- (1) on the day on which the notice is received by the Division; or (2) on the day 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 in any other case: (1) at the end of two weeks after the notice is received by the Division; or (2) on the day specified in the notice; whichever is later. (e) (f) (g) A notice delivered to the Divisional Branch Secretary shall be taken to have been received by the Division when it was delivered. A notice of resignation that has been received by the Division is not invalid because it was not addressed and delivered in accordance with Sub-Rule. A resignation from membership is valid even if it is not effected in accordance with this Rule if the member is informed in writing by or on behalf of the Division that the resignation has been accepted. Upon receipt of a notice of resignation the Divisional Branch Secretary shall forward a copy of it to the Divisional National Secretary. Any dues payable but not paid by a former member of the Division, in relation to a period before the member's resignation from the Division took effect, may be sued for and recovered in the name of the Division, in a court of competent jurisdiction as a debt due to the Division MEMBERS SEEKING LEAVE FROM OCCUPATION The Membership Book/Card of a member engaging in any occupation not covered by the Eligibility Rule shall be forwarded by the member to the Divisional Branch Secretary. If all contributions, levies and/or fines which are then due by the member to the Division have been paid the member shall be given a clearance from the Division and the member's membership shall be suspended. Page 7 of 55 Pages

11 12 - MEMBERS SEEKING LEAVE FROM OCCUPATION The Membership Book/Card of a member wishing to take a break from being engaged in an occupation covered by National Rule 2(S) (Eligibility) (other than for annual or long service leave) may be impounded with the Divisional Branch Secretary for a period not exceeding one year provided that the member has provided notice in writing or by electronic communication to the Divisional Branch Secretary of his/her desire to take a break. (iii) (iv) During the break the member shall be exempt from payment of contributions and levies and shall take no part in any meeting in the Division or be entitled to nominate for any Office in the Division or vote in any election in the Division. At the time of impounding the Membership Book/Card the member shall leave an address to which mail may be sent and if necessary the postal address of the member in the Register of Members shall be changed. If after the year has expired the member has not returned to being engaged in or seeking to be engaged in an occupation covered by the Eligibility Rule then the member's membership may be cancelled. The membership of a physically fit member (whose Membership Book/Card has not been impounded) may be cancelled where the member has not for a continuous period of six months engaged or attempted to engage in an occupation covered by the Eligibility Rule. Cancellation of membership under Sub-Rule or herein or as a consequence of Sub-Rule 10 (k) of these Rules shall only take effect where the member is sent a Notice of Intention to Cancel Membership which states: (1) that the Division proposes to cancel the member's membership 30 days after the date appearing on the Notice; (2) the reason for the proposed cancellation; and (3) that membership shall not be cancelled if the member provides satisfactory evidence that the reason for the proposed cancellation does not apply; (iii) The Notice of Intention to Cancel Membership shall be sent to the postal address of the member in the Register of Members. The Notice of Intention to Cancel Membership may be sent by the Divisional National Secretary who shall provide a copy to the Divisional Branch Secretary or by the Divisional Branch Secretary who shall provide a copy to the Divisional National Secretary. Page 8 of 55 Pages

12 15 - GOVERNMENT OF THE DIVISION 13 - LIFE MEMBERSHIP Life membership may be conferred upon any member by Divisional National Council provided that the member:- (iii) (iv) has twenty years unbroken service in the maritime industry (provided that Divisional National Council may determine that due to special and extenuating circumstances life membership may be conferred without twenty years of such service); has an unblemished Divisional record; has retired from the maritime industry and has not accepted other employment covered by National Rule 2(S) (Eligibility); and is recommended for life membership by a Divisional Branch of the Division. A life member shall be relieved from payment of membership contributions and levies and may attend meetings and functions but shall have no voting rights in the Division nor shall be eligible to participate in debate at Divisional meetings or be eligible to hold any Office or position in the Division. Upon the granting of life membership the member shall be issued with a life membership medal and card PRIOR MEMBERSHIP IN OTHER UNIONS The period of membership of a member of the Division in another union whilst employed by a maritime or stevedoring employer prior to becoming a member of the Division shall be counted as a period of membership of the Division for all purposes of the Divisional Rules GOVERNMENT OF THE DIVISION The Division shall be governed by the members of the Division in Annual General Meetings of members of the Division and Special Meetings of members of the Division. There shall be a Divisional National Council which shall govern, manage and exercise general supervision over the affairs of the Division between Annual General Meetings and Special Meetings of the members of the Division. Subject to Sub-Rule of this Rule, Divisional National Council shall have the full control, care, superintendence, management and administration in all respects of the affairs, business, funds and property of the Division and its Divisional Branches and without limiting the generality thereof the Divisional National Council shall have full power to carry out the objects of the Division which powers shall, in addition to powers conferred elsewhere in these Divisional Rules, include the power to: secure the observance of the Divisional Rules; Page 9 of 55 Pages

13 16 - DIVISIONAL NATIONAL COUNCIL COMPOSITION (iii) safeguard the interest of the members of the Division; decide questions on which the Divisional Rules are silent or doubtful; (iv) direct an inquiry into differences between Divisional Branches or between Divisional Branches and members or between members; (v) (vi) (vii) decide questions of difference between the Division and any other union; enter into any Industrial Agreement or Contract relating to wages or conditions of employment of members attached to the Division; settle differences between Divisional Branches or between Divisional Branches and members or between the Division and any other union or between the Division and other Divisions or between the Division and employers; (viii) make inquiries as to the management of the affairs of any Divisional Branch and to make any recommendation or take any action or give any direction such inquiry may warrant; (ix) (x) (xi) (xii) call a General or Special Meeting of Divisional National Council or the Divisional National Executive or of the members allocated to a Divisional Branch or Divisional Branches or part thereof; submit to members a report on the work of the Division since the previous report was submitted; cause to be made an audit of the books and accounts of any Divisional Branch and for that purpose to require delivery of and take possession of all books of account, documents and other writing from any Divisional Branch or Officer or employee of any Divisional Branch; and direct any Divisional Branch Executive to carry out a decision of Divisional National Council or to veto or set aside or rescind any resolution, act, matter or thing carried or done by any Divisional Branch Executive. (xiii) demand, sue for and recover unpaid contributions, fines or levies from the members and/or Divisional Branches DIVISIONAL NATIONAL COUNCIL COMPOSITION Divisional National Council shall be comprised of the following Officers:- Divisional National Secretary Divisional Deputy National Secretary Divisional Assistant National Secretary/s Queensland Divisional Branch Secretary Queensland Divisional Deputy Branch Secretary Newcastle Divisional Branch Secretary Page 10 of 55 Pages

14 17 - DIVISIONAL NATIONAL COUNCIL - MEETINGS Newcastle Divisional Deputy Branch Secretary Sydney Divisional Branch Secretary Sydney Divisional Deputy Branch Secretary Southern New South Wales Divisional Branch Secretary Southern New South Wales Divisional Deputy Branch Secretary Victorian Divisional Branch Secretary Victorian Divisional Deputy Branch Secretary South Australian Divisional Branch Secretary South Australian Divisional Deputy Branch Secretary Western Australian Divisional Branch Secretary Western Australian Divisional Deputy Branch Secretary Tasmanian Divisional Branch Secretary Tasmanian Divisional Deputy Branch Secretary Northern Territory Divisional Branch Secretary Northern Territory Divisional Deputy Branch Secretary Divisional National Women s Representative 17 - DIVISIONAL NATIONAL COUNCIL - MEETINGS The Divisional National Council will meet at least once each year in the months of October or November and at such other time as determined by Divisional National Council or Divisional National Executive or when requested by members in accordance with the Divisional Rules. Special Meeting A Special Meeting of Divisional National Council shall be called by the Divisional National Executive Officers or on requisition signed by a majority of members of the Divisional National Council or on requisition signed by a majority of Divisional Branches or on requisition signed by 10% of the financial members of the Division. All such requisitions shall contain the nature of the business to be transacted at the meeting and no further business shall be transacted. Summoning Meetings Meetings of Divisional National Council shall be summoned by the Divisional National Secretary or the Divisional National Presiding Officer by sending to each Council member a notice of the date of the holding of such meeting by post, facsimile or other electronic means in sufficient time to enable the Council member to reach the place at which the meeting is to be held. Page 11 of 55 Pages

15 17 - DIVISIONAL NATIONAL COUNCIL - MEETINGS Voting The voting on business at meetings of Divisional National Council shall be by show of hands. Decisions of Divisional National Council shall be by a simple majority of those present and each Council member (including the Presiding Officer) shall have one vote. (e) Resolutions in Writing A resolution in writing may be submitted to all members of Divisional National Council by the Divisional National Secretary and if signed by a majority of them shall be a valid and effective resolution of Divisional National Council. In any case where, in the opinion of the Divisional National Secretary, an important subject matter arises or it is desirable that the opinion of Divisional National Council should be obtained on any question when the Council is not sitting, such subject matter or question shall be communicated by the Divisional National Secretary to the members of the Council. A member of Divisional National Council, on the receipt of same and after due consideration, shall immediately advise the Divisional National Secretary of such member's vote or opinion on the matter or question submitted to the members of Council. A decision of a simple majority of such members thereon shall be as effective for all purposes as though it had been made by resolution at a meeting of Divisional National Council. (f) Electronic/Telephonic Conference Divisional National Council may meet by electronic or telephone conference at which the Council members are able to communicate with one another and decisions taken at such meetings shall be valid and effective decisions of the Council. (g) Agenda The agenda for Divisional National Council Meetings shall be forwarded by the Divisional National Secretary to each Council member at least seven days before a meeting is to take place. All resolutions by Divisional Branches intended for the agenda paper for the annual meeting of Divisional National Council shall be forwarded to the Divisional National Secretary not later than thirty days before such meeting. (h) Quorum A quorum of Divisional National Council shall be 50% plus one of the members. Page 12 of 55 Pages

16 19 - ANNUAL GENERAL MEETING OF MEMBERS OF THE DIVISION 18 - DIVISIONAL NATIONAL EXECUTIVE There shall be a Divisional National Executive comprising:- Divisional National Secretary Divisional Deputy National Secretary Divisional Assistant National Secretary/s Divisional National Presiding Officer Divisional Deputy National Presiding Officer 2 other members elected by and from Divisional National Council in accordance with the provisions of Divisional Rule 48 both of whom shall be the Divisional National Vice Presiding Officers. Divisional National Executive shall consider and advise Divisional National Council on matters referred to it by Divisional National Council or the Divisional National Secretary. Meetings of Divisional National Executive shall be called by the Divisional National Secretary as and when required. The Divisional National Executive Officers shall be the Divisional National Secretary and the Divisional National Presiding Officer ANNUAL GENERAL MEETING OF MEMBERS OF THE DIVISION An Annual General Meeting of the members of the Division shall be held in the month of November each year or at such other time as near as practicable thereto as may be decided on by Divisional National Council. Notice of the times and places of the Annual General Meeting shall be given to members of the Division and posted in the office of each Divisional Branch at least 30 days prior to the date of such meeting. The business dealt with at the Annual General Meeting shall be confined to the business on the agenda which shall provide for the following: (iii) The General Yearly Report of Divisional National Council. The Annual Financial Statement of the Division. Motions by members notice of which has been given in writing to the Divisional National Secretary at least fourteen days prior to the date of such meeting. Quorum The number of financial members required to form a quorum shall be in the aggregate 10 percent of the financial members of the Division. Page 13 of 55 Pages

17 21 - CONDUCT OF ANNUAL GENERAL AND SPECIAL MEETINGS OF MEMBERS OF THE DIVISION 20 - SPECIAL MEETING OF MEMBERS OF THE DIVISION A Special Meeting of members of the Division may be called by:- (iii) the Divisional National Executive Officers; on requisition signed by a majority of members of Divisional National Council; on requisition signed by 10% of the financial members of the Division. (e) A requisition shall contain the nature of the business to be transacted at the Special Meeting and no further business shall be transacted. Special Meetings shall be held at such times and places as determined by the Divisional National Executive Officers. Notice of the times and places and the business to be transacted shall be inserted in a daily newspaper circulating in each port where a meeting is to be held at least three days before the date of the meeting and shall be posted in the office of each Divisional Branch Quorum The number of financial members required to form a quorum shall be in the aggregate 10 percent of the financial members of the Division CONDUCT OF ANNUAL GENERAL AND SPECIAL MEETINGS OF MEMBERS OF THE DIVISION The Annual General and Special Meetings of members of the Division shall be conducted as follows:- Meetings of members shall be held at each of the ports listed below and such other ports as determined by the Divisional National Executive Officers and the quorum for each such meeting shall be as set out below:- Melbourne 100 Port Kembla 40 Brisbane 60 Devonport 30 Newcastle 40 Port Adelaide 60 Sydney 100 Fremantle 80 At the meeting the items on the agenda shall be submitted to the vote of the members present by way of motion. The results of the voting shall be forwarded by the Divisional Branch Secretary within whose Divisional Branch the port is located to the Divisional National Secretary, for the purpose of aggregating the votes and a motion shall be carried if it receives a majority of the votes cast provided that in each of a majority of Divisional Branches the motion also receives a majority of the votes cast. Page 14 of 55 Pages

18 23 - SPECIAL MEETINGS OF DIVISIONAL BRANCH MEMBERS (e) (f) All financial members of the Division shall have the right to speak and take part in and to cast one vote upon any motion. The Divisional National Secretary, Divisional Deputy National Secretary, Divisional National Assistant Secretary/s and Divisional National Organiser/s shall have the right to attend and take part in and vote on any motion. The financial members attending shall have power to appoint from amongst themselves a Chairperson to conduct the business of the meeting. All members of the Division at the time of the meeting shall be expected to attend and remain until the termination of the meeting MONTHLY DIVISIONAL BRANCH GENERAL MEETINGS OF MEMBERS OF THE DIVISION There shall be a Monthly Divisional Branch General Meeting of members of the Division on the last Tuesday in each month at 8am to be held for the purpose of assisting the Divisional Branch Officers in carrying out the Objects of the Division and the Divisional Rules and the business and affairs of the membership of the Divisional Branch and such meeting shall close at 12 noon. The financial members attending shall have power to appoint from amongst themselves a chairperson to conduct the business of the meeting. The Divisional National Secretary, Divisional Deputy National Secretary and Divisional Assistant National Secretary/s shall have the right to attend and take part in and vote on any motion SPECIAL MEETINGS OF DIVISIONAL BRANCH MEMBERS A Special Meeting of Divisional Branch members may be convened by Divisional National Council, the Divisional National Secretary, the Divisional Branch Executive or by requisition signed by 15% of the financial members of the Divisional Branch. Requisitions for Special Meetings of Divisional Branch members shall be handed to the Secretary of the Divisional Branch who shall immediately take steps to convene such meeting at the time stated in the requisition. On receipt of the requisition the Divisional Branch Secretary shall forward a copy of it to the Divisional National Secretary. Requisitions shall state the time and date of the meeting and the business for which the meeting is being called and contain the nature of the business to be transacted at the meeting and no further business shall be transacted. Page 15 of 55 Pages

19 24 - DIVISIONAL NATIONAL CONFERENCE (e) (f) (g) In the event of the Divisional Branch Secretary refusing to convene a Special Meeting of Divisional Branch members at the time stated in the requisition the members signing such requisition shall have the power to delegate the duties of providing a meeting place and making any arrangements which may be necessary for the convening of the meeting to any member or members so signing such requisition. The financial members attending any Special Meeting of Divisional Branch members of a Divisional Branch shall have power to appoint from amongst themselves a Chairperson to conduct the business of the meeting. Quorum The number of financial members required to form a quorum for a Special Meeting of Divisional Branch members shall be 10% of the financial members of the Divisional Branch DIVISIONAL NATIONAL CONFERENCE A Divisional National Conference of delegates elected by and from ports, ships and other areas together with the members of Divisional National Council shall be held once in each four years at a time determined by Divisional National Council. The composition of the Divisional National Conference and the election of Divisional National Conference Delegates shall be as determined by Divisional National Council taking into account the number and/or sections of members in the various ports, ships or other areas or sections thereof and for greater equity ports, ships or other areas or sections thereof may be grouped together to achieve a more balanced representation of the membership. The Divisional National Conference shall submit to Divisional National Council any matter or question for its endorsement or rejection or otherwise. The Divisional National Conference shall be the supreme policy-making body of the Division and its resolutions subject to Sub-Rule hereof, when ratified by a majority of the Divisional Branches and members at special meetings shall be binding on the Council, all Divisional Branches, Officers and members of the Division. (e) The agenda for Divisional National Conference meetings shall be forwarded by the Divisional National Secretary to each Conference member at least twenty eight (28) days before a meeting is to take place. All resolutions by Divisional Branches and Conference members intended for the agenda paper for meetings of Divisional National Conference shall be forwarded to the Divisional National Secretary no later than forty two (42) days before such meeting. Page 16 of 55 Pages

20 27 - DIVISIONAL BRANCHES - AREAS 25 - DIVISIONAL BRANCHES - GOVERNMENT Each Divisional Branch shall be governed by the members in Special Meetings of Divisional Branch members DIVISIONAL BRANCHES - EXECUTIVE The Divisional Branch Officers shall comprise the Divisional Branch Executive and subject to the Rules the Divisional Branch Executive shall, in addition to powers specified elsewhere in the Rules, have the general supervision of the affairs of the Divisional Branch in the area embraced by the Divisional Branch DIVISIONAL BRANCHES - AREAS Divisional National Council shall be empowered to establish or disband Divisional Branches or alter geographic areas embraced by Divisional Branches subject to approval by the members in Annual General or Special Meetings of the members of the Division. The membership shall be allocated into Divisional Branches and the following shall be the Divisional Branch names and the geographic areas embraced by each of them until as may otherwise be determined by Divisional National Council:- DIVISIONAL BRANCH OFFICE NAME AREA Brisbane Queensland Divisional Branch The State of Queensland Newcastle Newcastle Divisional Branch From and including Newcastle to the Queensland border Sydney Sydney Divisional Branch South of Newcastle to North of Port Kembla Port Kembla Southern New South Wales Divisional Branch From and including Port Kembla to the Victorian border Melbourne Victorian Divisional Branch The State of Victoria Devonport Tasmanian Divisional Branch The State of Tasmania Port Adelaide Fremantle South Australian Divisional Branch Western Australian Divisional Branch The State of South Australia The State of Western Australia Darwin Northern Territory Divisional Northern Territory Page 17 of 55 Pages

21 28 - DIVISIONAL BRANCH COMMITTEES Branch (e) 28 - DIVISIONAL BRANCH COMMITTEES There shall be a committee in each Divisional Branch to be known as the Divisional Branch Committee comprised of representatives elected by and from the members of the Divisional Branch and or sections of the members of the Divisional Branch. The elections for Divisional Branch Committee members shall not be part of and shall be conducted separately from the Quadrennial Elections conducted to fill Offices of the Division provided that any person elected to a Divisional Branch Committee shall not hold office for greater than 4 years. The Divisional Branch Executive shall appoint a returning officer who will conduct the election of Divisional Branch Committee members. The Divisional Branch Committee shall assist the Divisional Branch Officers in carrying out the Objects of the Division and the Divisional Rules and the business and affairs of the membership of the Division. The costs of the operation of a Divisional Branch Committee incurred with prior approval of the Divisional Branch Executive shall be paid by the Divisional Branch Executive out of the Divisional Branch funds. After consideration of any proposals prepared by the Divisional Branch Committee in consultation with the Divisional Branch Executive:- (iii) the number of members of the Divisional Branch Committee and their titles, the method of election of the Divisional Branch Committee members, and by-laws as to the practices and procedures of the Divisional Branch Committee, shall be as approved by Divisional National Council, taking into account the number and/or sections of members in the various port, ship and other areas in the Divisional Branch and for greater equity ports, ships or other areas or sections thereof may be grouped together to achieve a more balanced representation of the membership. (f) The Presiding Officer shall convene and preside at all meetings of the Divisional Branch Committee and shall appoint a substitute from amongst the other members of the Divisional Branch Committee to so act when the Presiding Officer is absent. The Minute Secretary shall keep all minutes of meetings of the Divisional Branch Committee, shall forward a copy of all minutes to the Divisional Branch Secretary and shall appoint a substitute from amongst the members of the Committee to so act when the Minute Secretary is absent. (g) Divisional Branch Committees shall meet once annually or at any other time as determined by the Divisional Branch Executive. Meetings will be held at the Divisional Branch Office. Page 18 of 55 Pages

22 30 - WOMEN S COMMITTEE AND DIVISIONAL NATIONAL WOMEN S REPRESENTATIVE 29 - PORT, SHIP AND OTHER AREA COMMITTEES One or more Port, Ship or other Area Committees may be established by the membership of a port, ship or other area. The members in each port, ship or other area where a Committee has been established shall select Delegates to assist the Divisional National Officers and the Divisional Branch Officers to carry out the Objects of the Division and the Divisional Rules and the business and affairs of the membership in the port, ship or other area. The name of each Committee shall include the name of the Division. The number and titles of Committee Delegates, the procedure for their selection and the practices and procedures of the Committees shall be as agreed by the membership of the port, ship or other area WOMEN S COMMITTEE AND DIVISIONAL NATIONAL WOMEN S REPRESENTATIVE One or more Women s Committees may be established by the membership of a port, ship or other area. The Women s Committee shall represent the best interests of all Divisional women members. (e) (f) The members in each port, ship or other area where a Women s Committee has been established shall select Delegates (women) to assist the Divisional National Officers and the Divisional Branch Officers to carry out the objects of the Division and these Divisional Rules and the business and affairs of the membership in the port, ship or other area and to assist and promote issues of importance and relevance to women. The name of each Women s Committee shall include the name of the Division. The number and titles of the Women s Committee delegates, the procedure for their selection and the practices and procedures of the Committee shall be as agreed by the membership on the Women s Committee in conjunction with Divisional National Council. A Divisional National Women s Co-ordinating Committee may be established by and from delegates elected to Women s Committees. A Divisional National Women s Representative shall be elected in accordance with Rule 43 to represent, in particular, the interests of all women members at meetings of Divisional National Council. Page 19 of 55 Pages

23 31 - OFFICERS OF THE DIVISION 31 - OFFICERS OF THE DIVISION The Officers of the Division shall be the Divisional National Officers and the Divisional Branch Officers. Divisional National Officers The Divisional National Officers of the Division shall be the:- Divisional National Secretary Divisional National Deputy Secretary Divisional National Assistant Secretary/s and the following members of Divisional National Council elected by and from Divisional National Council in accordance with the Rules:- Divisional National Presiding Officer Divisional National Deputy Presiding Officer Divisional National Vice-Presiding Officer Provided that the number of Divisional National Assistant Secretary/s shall be determined by Divisional National Council prior to January 31 in the year of a Quadrennial Election and the Divisional National Secretary shall as soon as practicable advise the members of the Division and the Divisional National Returning Officer accordingly. Divisional Branch Officers The Divisional Branch Officers shall be the:- Divisional Branch Secretary Divisional Branch Deputy Secretary Divisional Branch Assistant Secretary/s and the Divisional Branch Presiding Officer elected by and from the Divisional Branch Executive in accordance with the Divisional Rules. Provided that the number of Divisional Branch Officer/s (other than Divisional Branch Secretary) shall be determined by Divisional National Council prior to January 31 in the year of a Quadrennial Election and the Divisional National Secretary shall as soon as practicable advise the members of the Divisional Branch and the Divisional National Returning Officer accordingly. Wages of Officers of the Division (e) (f) The remuneration of all Officers of the Division shall be as determined by Divisional National Council. Each member of Divisional National Council, Divisional National Executive and a Divisional Branch Executive shall have a duty to regularly attend its meetings. Page 20 of 55 Pages

24 32 - DIVISIONAL NATIONAL SECRETARY - POWERS AND DUTIES 32 - DIVISIONAL NATIONAL SECRETARY - POWERS AND DUTIES There shall be a Divisional National Secretary who shall: (e) (f) (g) (h) (j) (k) (l) (m) (n) (o) be the Senior Executive Officer of the Division and shall be a full-time Officer of the Division; upon election to Office, reside within reasonable travel distance of the National Office of the Division which shall be based in Sydney in the State of New South Wales; carry out all decisions of Divisional National Council and of the members and when the Divisional National Council is not sitting shall conduct the business of the Division; attend, as far as practicable, all meetings of Divisional National Council, Divisional National Conference and any other meetings of Divisional bodies and ensure correct minutes are kept of the proceedings of such meetings; receive and conduct all correspondence of the National Office of the Division, and shall keep a copy of all letters written and received and, if called upon by Divisional National Council, submit such correspondence for its perusal; keep the Register of Members; be the Officer to sue and prosecute and be sued and prosecuted on behalf of the Division; be the treasurer of the Division; pay all moneys received by the Divisional National Secretary for and on behalf of the Division into the bank or other financial institution authorised by the Divisional National Council within 48 hours of receipt of such moneys; direct that all moneys expended by the Division be drawn by cheque signed in accordance with the Divisional Rules; cause to be kept accurate accounts of all moneys received and expended by the Division and submit all books, vouchers, papers, etc, in connection with the financial affairs of the Division to Divisional National Council and to the Auditors when called upon; prepare an Annual Report, including financial statements, showing the operations of the whole of the Division, the progress and other material matters, reporting at the same time all Divisional Branches which have failed to make the necessary returns, or reports necessary for the preparation of the Annual Report; supply all information required under the RO Act and any other Commonwealth or State legislation and sign all necessary papers and documents relating to such legislation; compare the Divisional Branch balance sheets with their monthly reports, and investigate any irregularity; prepare an Annual Financial Statement and Balance Sheet for the financial year which together with the resolutions of Divisional National Council relating to such accounts in Page 21 of 55 Pages

25 35 - DIVISIONAL NATIONAL PRESIDING OFFICER - POWERS AND DUTIES accordance with the RO Act shall be printed and provided free of charge to the Divisional Branches and members; (p) (q) keep all the records required to be kept by the Division under the RO Act and other Commonwealth or State legislation; and work in conjunction with Divisional National Council and subject to its direction be responsible for the drafting, or directing the drafting, of any log of claims that may be submitted on behalf of the Division to the Fair Work Commission or to the representatives of the employers DIVISIONAL DEPUTY NATIONAL SECRETARY - POWERS AND DUTIES There shall be a Divisional Deputy National Secretary who shall: be a full-time Officer of the Division and be subject to the supervision and direction of the Divisional National Secretary; give all reasonable assistance to the Divisional National Secretary as and when required; and in the absence of the Divisional National Secretary through annual or long service leave, overseas travel or illness or other reason approved by Divisional National Council act in place of the Divisional National Secretary and while so acting have the powers and duties of the Divisional National Secretary DIVISIONAL ASSISTANT NATIONAL SECRETARY/S - POWERS AND DUTIES The Divisional Assistant National Secretary/s shall: be full-time Officers and shall be subject to the supervision and direction of the Divisional National Secretary; and give all reasonable assistance to the Divisional National Secretary as and when required. Should the Divisional Deputy National Secretary be absent at the same time as the Divisional National Secretary, Divisional National Council shall appoint a Divisional Assistant National Secretary to act in place of the Divisional National Secretary until such time as the Divisional National Secretary or Divisional Deputy National Secretary returns to duty and whilst so appointed the Divisional Assistant National Secretary appointed shall have the powers and duties of the Divisional National Secretary DIVISIONAL NATIONAL PRESIDING OFFICER - POWERS AND DUTIES There shall be a Divisional National Presiding Officer who shall: preside at all meetings of Divisional National Council, Divisional National Executive and Divisional National Conference; Page 22 of 55 Pages