RULES OF THE
AUSTRALIAN FEDERATED UNION
OF LOCOMOTIVE EMPLOYEES QUEENSLAND
UNION OF EMPLOYEES
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TABLE OF CONTENTS
RULE 6 - RESIGNATION OF MEMBERS
RULE 9 - ARREARS OF CONTRIBUTIONS
RULE 12 - COMMITTEE OF MANAGEMENT
RULE 14 - STATE VICE-PRESIDENTS
RULE 17 - DUTIES OF STATE SECRETARY
RULE 18 - BRANCHES & SUB BRANCHES
RULE 20 - DUTIES OF BRANCH CHAIRPERSON
RULE 21 - DUTIES OF BRANCH VICE-CHAIRPERSON
RULE 24 - ELECTION OF OFFICERS
RULE 26 - AUTHORITY TO WITHDRAW NOMINATIONS
RULE 27 - FILLING OF CASUAL VACANCY
RULE 32 - MEMBERSHIP DISCIPLINARY
RULE 33 - ASSISTANCE TO MEMBERS
RULE 34 - AGREEMENT WITH EMPLOYEES
RULE 37 - ELIGIBILITY TO HOLD OFFICE
RULE 40 - FUNDS (DISBURSEMENT OF)
RULE 41 - MEMBERS VISITING OTHER BRANCHES
RULE 45 - ATTENDANCE AT EXECUTIVE MEETINGS
RULE 46 - AFFILIATION WITH ALP, ACTU (QUEENSLAND)
RULE 1 - TITLE
The name of the Union shall be:
Australian Federated Union
of Locomotive Employees, Queensland
Union of Employees
(hereinafter called "THE UNION").
RULE 2 - REGISTERED OFFICE
The Registered Office of the Union, which shall also be the place of meetings for the business of the Union to be conducted, shall be situated at:
Suite 45
Level 8
"K Tower"
269 Wickham Street
Fortitude Valley QLD 4006
or at such other place as the Divisional Council shall by resolution determine.
RULE 3 - OBJECTS
The objects of the Union are:
(1) To uphold the rights of Organisation of Labour and to improve, protect and foster the best interest of members.
(2) To obtain progressively improved working hours and to ensure that all members are to work in their classification.
(3) To promote industrial peace by all amicable means such as conciliation and arbitration.
(4) To prevent strikes and lock-outs between members of the Union and their employers.
(5) To secure by just and equitable methods, the settlement of any difference that may arise between members and their employers.
(6) To establish Divisions and Branches wherever required in the State of Queensland.
(7) To establish a newspaper or magazine in the interest of the Union at such time as may be deemed proper.
(8) To establish Superannuation and insurance funds and undertake other co-operative enterprises for the benefit of members.
(9) To assist the industrial movement generally, and to promote and encourage closer unity amongst all Trade Unions with provision for the protection of our interest and funds as Locomotive Enginemen.
(10) To extend the powers of the Union to the utmost possible limit for the benefit of members.
(11) To establish funds:
(a) For the mutual assistance and support of members as provided for in these rules.
(b) To carry out the foregoing objects.
(12) To obtain preference in the Railway Train Running Industry and/or establish an A.F.U.L.E. Award.
RULE 4 - CONSTITUTION
The Union shall consist of an unlimited number of persons eligible to be employed in the Railway Train Running Industry including Locomotive Drivers, Electric Train Drivers, Firemen, Electric-Helpers, Charge men and Cleaners, Packers and Trimmers, Wash-out Men, Wash-out Men's Assistants, Motor Drivers and any other worker engaged in and about the working or management of or incidental to any Steam Locomotive, Diesel Electric Locomotives or Motor driven by electricity or other power used on the Railway.
RULE 5 - ADMISSION OF MEMBERS
(1) Any person eligible to become a member of this Union shall make application to the State Secretary or duly appointed representative of the Union and shall sign a printed form to be provided by the Union. Such form, (which the member shall receive a copy) shall contain the financial obligations arising from membership together with the circumstances and manner in which a member may resign from the Union as provided for in the Rules. When the applicant certifies his/her desire to be admitted as a member and their willingness to abide by the rules and to any amendments and additions which may be duly laid to these rules they may be admitted to membership of the Union.
(2) When a member leaves employment in the Railway Train Running Industry, he/she automatically terminates his/her membership in the Union, unless he/she be an employee of the Union, or eligible to retain membership under Rule 42.
RULE 6 - RESIGNATION OF MEMBERS
A member may resign his/her membership with the Union:
(1) On giving notice in writing addressed to the State Secretary of the Union and posted to or personally delivered to that officer.
(2) The notice of resignation from the Union takes effect from:
(a) On the day on which the notice is received by the State Secretary
or
(b) 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.
RULE 7 - CONTRIBUTIONS
(1) Subject as hereinafter provided the contributions payable by members of the Union shall be determined by the Divisional Council of the Union on an annual basis.
(2) Union contributions are due to be paid on the first day of January and July each calendar year. For the purpose of the rules a member shall be deemed to be unfinancial if contributions and levies are unpaid three (3) months after the commencement of each half yearly period.
(3) Every such contribution shall be paid to the respective Branch Secretary or Collector or to any other person duly authorised in that behalf by the Divisional Council and such persons shall issue a receipt in the form of a half yearly or yearly ticket as the case may be that covers the period for which such contribution is applicable. Provided that a ticket will not be issued unless all arrears and levies due at the date of issue are paid.
Persons paying Union Contributions by way of payroll deductions will not be issued a ticket.
(4) Members making payment of Union Dues by way of payroll deductions shall be deemed as financial whilst such deductions in favour of the Union continue.
(5) The State Secretary shall, at the completion of a census of membership each six (6) months upon receipt of Branch balance sheets, transfer the sum of $2.00 per member to the Legal Contingency Fund and $3.00 per member to the Mortality Fund.
RULE 8 - LEVIES
(1) The Divisional Council shall have the power to levy the members of the Union for the purpose of carrying out the objects of the Union, provided that such levy does not exceed the equivalent of one day's pay per fortnight.
(2) The amount of money collected by means of such levy shall be at the disposal of the Union, so long as same is devoted to the purpose or purposes for which the levy was made.
RULE 9 - ARREARS OF CONTRIBUTIONS
Every member who is over three (3) months in arrears of his/her contributions to the Union shall be deemed unfinancial and shall forfeit all claims upon the Union, and shall not be eligible for any of the benefits associated with membership of the Union.
RULE 10 - GOVERNMENT
The Union shall be governed, and the business thereof ruled and conducted by:
(1) A Divisional Council.
(2) A Committee of Management.
RULE 11 - DIVISIONAL COUNCIL
(1) For the supreme government of this Union there shall be a Divisional Council consisting of the State President, State Secretary, one (1) State Vice- President, together with seven (7) Divisional Councillors. Provided that the Divisions may elect Proxy Divisional Councillors, who in the event of an elected Divisional Councillor being unable to attend meetings of the Divisional Council convened for any purpose, shall attend in his/her stead. A Proxy Divisional Councillor shall have the same rights, privileges and entitlements as a Divisional Councillor whilst attending any meeting as Proxy for a Divisional Councillor.
(2) For the purpose of selecting Divisional Councillors, the State shall be divided into the following Divisions, viz:
No. 1 Division to embrace Cairns, Townsville, Pring, Charters Towers, Hughenden, Cloncurry and Mt. Isa Depots.
No. 2 Division to embrace Pring (Bowen), Mackay, Jilalan, Coppabella, Dysart, Moranbah and Rockhampton Depots.
No. 3 Division to embrace Gladstone, Bluff, Emerald, Alpha and Longreach Depots.
No. 4 Division to embrace Gympie, Maryborough, Gayndah and Bundaberg Depots.
No. 5 Division to embrace Nambour, Caboolture, Mayne, Ipswich, Beenleigh, Robina, Manly, Petrie and Shorncliffe Depots.
No. 6 Division to embrace Brisbane North Freight, Moolabin, Acacia Ridge,Fisherman Island and Ipswich Freight Depots
No. 7 Division to embrace Toowoomba, Roma, Charleville, and Goondiwindi Depots.
(3) Subject as hereinafter provided, the State President, one (1) State Vice-President, seven (7) Divisional Councillors and seven (7) Proxy Divisional Councillors will be elected triennially in accordance with Rules 23 and 24.
(4) Every nominee for the position of State President shall have had twelve (12) months financial membership in the Union and must be financial at the time of his/her nomination.
Every nominee for the position of State Vice- President shall comply with the above conditions.
No member shall be eligible to nominate for any position on the Divisional Council unless he/she has attended not less than 25% of the meetings of his/her Branch held during the twelve (12) months immediately preceding the meeting at which nominations are received, provided that sitting members of the Divisional Council whose absence from their Branch meetings has been due to their attendance at meetings of the Council shall not be required to have completed such attendance.
(5) The Divisional Council shall, at the August meeting, appoint a Returning Officer to conduct the aforesaid ballot. In the event of the Divisional Council failing to do so, the State President and State Secretary shall, by correspondence, name a member for appointment as a Returning Officer to the other members of the Council for approval.
The Returning Officer shall not be the holder of any other office in, nor an employee of, the Union, Branch or Sub Branch of the Union.
(6) For the purpose of electing Divisional Councillors to the Divisional Council, the following Branches shall be the head centres for the respective Divisions:
No. 1 Division - Townsville
No. 2 Division - Rockhampton
No. 3 Division - Gladstone
No. 4 Division - Maryborough
No. 5 Division - Brisbane
No. 6 Division - Brisbane
No. 7 Division - Toowoomba
(7) Members at the September monthly meeting at each head centre shall appoint a Returning Officer, whose duty shall be to notify the Branches and receive nominations and when more than the required number of nominations are received, take a ballot. The Returning Officer shall not be the holder of any other Office, in, nor an employee of, the Union, Branch or Sub Branch of the Union.
(8) At the October monthly meeting of each Branch, nominations proposed and seconded at the meeting by two (2) financial members of that Branch and duly accepted in writing by the nominees, shall be received for the position of State President, State Vice-President, Divisional Councillor and Proxy Divisional Councillor on the Divisional Council. Such nominations shall be forwarded to and must reach the Returning Officer in the head centre controlling the Division endorsed "Nominations for Divisional Councillors or Proxy Divisional Councillors on the Divisional Council" not later than the 1st of November following.
The State President, State Vice-President, each Divisional Councillor and Proxy Divisional Councillor to hold Office for three (3) years.
(9) The Divisional Council shall meet in Brisbane at the registered Office of the Union on week days, or at any centre decided on by the Divisional Council not later than the 14th day of February, May, August and November in each year, or as determined by Divisional Council and shall manage and control the business of the Union and shall in any matter which may arise have the power to take such action as it may think fit, so long as such action is not in conflict with the provisions of the Industrial Organisations Act 1997 and / or the Workplace Relations Act 1997 and any amendments thereto.
RULE 12 - COMMITTEE OF MANAGEMENT
(1) There shall be a Committee of Management which shall consist of the State President, State Vice- President, State Secretary and all Divisional Council members residing in the metropolitan area, a majority of which shall form a quorum. The Committee of Management shall have power to deal with all matters of urgency, and may exercise all the powers necessary to deal with the day to day affairs arising in the Union as determined by the Divisional Council.
(2) The Committee of Management shall meet at such time and place as the Divisional Council shall from time to time appoint and may be convened at any time by the State President.
(3) Where it becomes necessary for the Committee of Management to do or determine upon any act or matter, or make any resolution or decision, it shall not be necessary to call a meeting whereat members shall personally attend, but the State Secretary at the direction of the State President, may by wireless, telephone, telegraph or by letter, communicate clearly to the members of the Committee of Management, the business and the question to be voted upon and thereupon the members or a majority thereof shall at the earliest possible moment reply to the State President or State Secretary, by letter, or by telegraph, or telephone, and give their decision or record their vote in regard to the said matter or resolution.
(4) A copy of the Minutes of each meeting of the Committee of Management including the decisions of that meeting and a copy of any decisions made in accordance with sub-clause (3) of this Rule shall be forwarded to every member of the Divisional Council within 14 days of the date of the termination of any such meeting or the making of any such decision.
RULE 13 - STATE PRESIDENT
The State President shall:
(1) Preside at all meetings of Divisional Council and preserve order so that business may be conducted in due form and propriety.
(2) Upon confirmation of the Minutes sign the Minutes Book in the presence of the Meeting.
(3) Consult with the State Secretary on matters effecting the welfare of the Union and sign all necessary documents.
(4) Receive from members, through their respective Branches, complaints against the State Secretary or any other Officer of the Union and place same before the Divisional Council.
(5) Have power to convene a meeting of the Divisional Council whenever he/she deems it necessary.
(6) When presiding over a meeting, have a deliberative vote only.
(7) Receive as an Honorarium an amount of $700 per annum, such amount to be reviewed annually as determined by Divisional Council in accordance with recognised CPI annual movements. This Clause is to have application only when performing the role of President in an Honorary capacity. Should the period of Honorary service be less than twelve (12) months, a pro rata amount as determined by Divisional Council is to be paid.
(8) Unless otherwise determined by Divisional Council, the position of State President will be that of a full time paid position with salary and conditions equivalent to that of the State Secretary.
RULE 14 - STATE VICE-PRESIDENT
The State Vice-President shall, when relieving the State President, perform the same duties and exercise the same rights and responsibilities as prescribed herein for that Officer.
RULE 15 - TRUSTEES OF UNION
(1) The Trustees shall be two (2) in number, elected triennially by ballot of financial members of the Union at the time and manner similar to that specified in respect to the election of State President, and State Vice-President.
(2) No person shall be nominated as a Trustee unless he/she is resident in the metropolitan area and is a financial member.
(3) Should any Trustee cease to be eligible to hold office, his/her office shall be declared vacant, and a fresh Trustee shall be elected to fill the vacancy.
(4) Subject as hereinafter provided, all deeds, documents of title, and security of money of the Union shall be held by such Trustees and all real and personal properties of the Union and of every Branch, shall be vested in and be under control of such Trustees.
(5) May invest any accumulated funds in securities allowed by law as the Divisional Council may direct, such direction to be given at a meeting of which due notice shall have been given.
RULE 16 - STATE SECRETARY
(1) The State Secretary shall be elected by a ballot of the financial members of the Union in the manner prescribed by these Rules. He/she shall be and remain a member of the Union. The person elected shall hold Office for a period of four (4) years or until his/her successor is elected in accordance with these Rules.
(2) Candidates for the position of State Secretary must have been a financial member of the Union for the previous three (3) years and be financial at the time of his/her nomination and election. The Candidate shall have attended at least 25% of the meetings of his/her Branch held during the twelve (12) months immediately preceding the closing date for nomination for the position, provided that absence from his/her branch meeting/meetings was due to attendance at other meetings of the Union or otherwise engaged on Union duties, they shall be held to have complied to requirements of this provision.
(3) Notwithstanding anything else where contained in these rules, he/she shall by virtue of the position of State Secretary, be a member of the Divisional Council and Committee of Management with full rights as prescribed by these rules on such bodies.
(4) The opening and closing date of nominations and all other steps necessary to fill the position of State Secretary shall be advertised at least twice by way of the Union Newsletter and or Circular prior to the closing date of nominations.
(5) The State Secretary shall be the registered person of the Union and shall be the person to sue or be sued on behalf of the Union.
(6) The State Secretary shall receive as salary such sum as may be determined from time to time by the Divisional Council, plus three (3) weeks sick leave and all accrued long service leave, retirement allowance and sick leave entitlements forfeited by virtue of not maintaining continuity of employment with his/her previous employer and in addition shall have at least five (5) weeks annual leave, bonus payment for which shall be the same as applicable to the membership. Upon termination of Office, be paid for all unused sick leave accrued whilst holding the Office of State Secretary.
State Secretaries elected for a term of four (4) years who are obliged to resign their position with Queensland Rail and who, if not immediately re-elected after four (4) years, shall receive as severance payment the difference between entitlements received from Queensland Rail and the overall entitlement by way of whole of service including both Queensland Rail and Union and shall also receive payment of retiring allowance according to service irrespective of age.
(7) State Secretaries shall not be eligible to hold office as a Trustee of the Union.
In the case of sickness, death, or the sudden termination of the service of the State Secretary from any cause, the State President or such other person as may be appointed by the Divisional Council shall temporarily carry out the duties of State Secretary pending the election of a State Secretary to fill the vacancy.
RULE 17 - DUTIES OF STATE SECRETARY
(1) The State Secretary shall attend to Union business at the registered office, or where required for Union business on weekdays from 9.00 a.m. to 5.00 p.m. and be off duty on Saturday and Sunday.
(2) Keep all books and accounts necessary for carrying on the general work of the Union.
(3) Conduct all correspondence between the Union and it's Branches and between the Union and Queensland Rail.
(4) Attend all meetings of the Divisional Council and Committee of Management.
(5) Have recorded the minutes and proceedings of the Divisional Council and/or Committee of Management and Sub Committees appointed by the Divisional Council together with an extract of the opinions expressed by members present thereat with regard to the business being transacted.
(6) Produce at each meeting of the Divisional Council all relevant correspondence received by him/her together with a copy of all correspondence sent out by him/her.
(7) Have the power to arrange the audit of the books of any Branch at any time and is hereby authorised to take the books of any Branch for that purpose and requisition of any Union Funds by the Branch.
(8) Keep a register of the names of Officers and members with their addresses as far as is known at the registered Office of the Union, the same to be open for inspection at all convenient times to the registrar or persons appointed by the latter.
(9) Prepare and submit annually to the Divisional Council an audit of the Union's accounts.
(10) The State Secretary shall be responsible for the notification to the Queensland Industrial Relations Commission, in the prescribed manner, of the existence or likelihood of an industrial dispute involving the Union or any section of the Union or any member represented by the Union in the dispute.
(11) The State Secretary shall have the custody of the seal of the Union which shall be used only on the authority of the Divisional Council and shall, together with the State President or Vice-President sign any instrument to which the seal is affixed.
RULE 18 - BRANCHES & SUB BRANCHES
(1) If the Council decided to form a Branch at any place, either in response to a memorandum or on its own initiatives, the President and Secretary of such Council shall take all steps in their opinion necessary for the formation of such Branch and shall appoint temporary Officers of such Branch, to act until such Branch duly elects its own Officers.
(2) Branch Officers shall consist of Chairperson, Vice-Chairperson, Secretary who shall be elected every three (3) years and four (4) committee members, who shall be elected triennially by ballot of the whole of the members of the Branch in accordance with the Rules. In the event of a ballot resulting in equal number for any candidate for any office, the Returning Officer (who shall be appointed by the Branch or Branch committee), shall draw lots. The Returning Officer shall not be the holder of any other office, in, nor an employee of the Union or a Division, Branch or Sub Branch of the Union.
(3) For the Government of its local affairs, each Branch shall make By-Laws which shall be in accordance with the General Rules and receive the approval of the Divisional Council. No Branch shall carry into effect any Petition, Deputation, or formulate any Depot Policy which would affect the existing working conditions of either neighbouring Branches, or the whole or any of the Division's members, unless the Petition, Deputation, or Depot Policy has been approved by the majority of members of such Branch meeting or the majority of the branches. Such Petition, Deputation, or Depot Policy shall be ratified by Divisional Council before being carried into effect.
(4) Officers of Branches shall hold office for three (3) years from 1st January in each year and/or until new officers are elected and shall, subject to these Rules, be elected in manner similar to that specified in respect to the election of the Divisional Council (mutatis mutandis). Only financial members shall be eligible for election and shall have attended not less than 25% of the meetings of his/her Branch held during the twelve (12) months immediately preceding the meeting at which nominations are received.
(5) Nominations for Branch Officers, accepted in writing by the respective nominees, shall be in the hands of the Branch Returning Officer at the October meeting, after which no further nominations shall be received.
(6) At all meetings of Branch Committees, two (2) Committee members, in addition to the Chairperson and Secretary, shall constitute a quorum.
(7) Unless on the written permission first obtained of the Divisional Council, Branch expenditure shall be limited to incidental expenditures, such as postage, cleaning, rent of hall, etc., and fees for inquiries and appeals of a minor nature.
(8) The Branch Chairperson, in conjunction with the Branch Secretary, shall be the official medium between the local employer and Branch members.
In the absence of the Chairperson, the Vice-Chairperson shall act, and in the absence of both the Chairperson and Vice-Chairperson, a member of the Branch Committee shall act in conjunction with the Secretary as the medium between the employers and the members.
(9) At Branch meetings five (5) financial members will constitute a quorum.
RULE 19 - BRANCH SECRETARY
(1) The Branch Secretary shall attend, where practicable, all ordinary or special meetings of his/her Branch. He/she shall, subject to these rules, receive the contributions and levies paid by members, except where provision is made in these rules for collectors, or where such monies are paid directly to the registered head office or where payroll deductions are in force.
The Branch Secretary shall be responsible for notifying all members of the Branch, the time and place of all ordinary or special meetings. This to be activated by way of posting suitable notice in the workplace.
(2) Receive as an honorarium an amount equal to 5% of the contributions collected either by way of cash payments or payroll deductions calculated each six (6) months by the State Secretary upon receipt of Balance Sheets. Such honorarium to be paid upon receipt of such balance sheet. The Branch Secretary, on resigning, shall give one (1) months notice and if from any cause whatever, a Branch Secretary should retire from his/her office, he/she shall have his/her accounts at once audited and deliver to his/her Branch Chairperson all properties belonging to the Union. Failure to conform with this provision will see such Secretary liable for expulsion from the Union and prosecution according to law. Should any Branch Secretary or Officer acting in his/her stead fail to remit monies as provided for in these rules or should it be known that there is any intention to apply the funds otherwise and as provided for in these rules, then the Divisional Council shall take proceedings in a court of law to order the monies deposited in any bank or elsewhere to be paid to the respective funds for the purposes named in these rules.
(3) Compile and forward to the State Secretary not later than the 15th of July and 15th of January annually, an itemised statement of the receipts and expenditures of his/her Branch showing the financial position of each member of the Branch for the respective half years ending the 30th June and 31st December, and, for audit purposes, forward with the aforesaid statements the receipt book or books, the incidental expenditure book, and receipts for all monies otherwise received and paid during the period covered by the statement.
(4) A member holding office as Branch Secretary shall be exempt from temporary or rotary or permanent transfer during the term of office, except when the transfer is for the purpose of promotion.
(5) That Branches be required to report to the State Secretary every three (3) months as to their activities and functions.
(6) Forward monthly to the State Secretary, advice of movement of members, that is transfers into or out of depots, new members, deceased members and resignations.
RULE 20 - DUTIES OF BRANCH CHAIRPERSON
The Branch Chairperson shall preside at all meetings of his/her branch, where practicable and conduct the business with propriety and decorum. He/she shall sign all official documents and Minutes of his/her branch, and, when necessary, or on the request of twelve financial members or half the branch membership, whichever is the lesser, shall convene or order special meetings of his/her branch or Branch Committee. He/she shall have a deliberative vote only.
RULE 21 - DUTIES OF BRANCH VICE-CHAIRPERSON
The Branch Vice-Chairperson shall assist the Branch Chairperson in conducting the business of the Branch meetings and preside in the Branch Chairperson's absence, when he/she shall then exercise the rights conferred on that officer. In the absence of the Branch Chairperson and Branch Vice-Chairperson the meeting shall elect its own Chairperson.
RULE 22 - COLLECTORS
(1) Where the membership of a Branch is 120 or more, a Collector shall be elected by such Branch in a manner similar to that of other Branch Officers, and his/her duties shall be identical to those of the Branch Secretary as set out in these Rules.
(2) Receive as an honorarium an amount as determined that is equivalent to the amount that the Secretary of his/her Branch shall receive.
RULE 23 - RETURNING OFFICER
(1) Whenever it is necessary to take a ballot or referendum of the Union, or Division, or Branch for any purpose, the Divisional Council or Branch meeting as the case may be, shall have power to appoint a member of the union as Returning Officer, and any necessary Deputy Returning Officers for the purpose of conducting such ballot or referendum. Provided that no person shall be appointed a Returning Officer or Deputy Returning Officer in respect of any ballot for any position for which he/she is a candidate, nor shall he/she be the holder of any other office, nor be an employee of the Union, or Branch.
(2) In addition to the duties described in Rules 23 and 24 hereof, the Returning Officer or Deputy Returning Officer, as the case may be, shall be responsible for the safe custody of the ballot papers in his/her possession for distribution to members and also for the control of the ballot box provided to receive the ballot papers deposited in it by members who have exercised their vote.
(3) The Returning Officer shall obtain from the printer a certificate setting out the number of ballot papers the latter has printed for each ballot conducted.
RULE 24 - ELECTION OF OFFICERS
The election of Officers of this Union shall be in accordance with these Rules or as determined by the statutory requirements of the Industrial Organisations Act 1997 and / or the Workplace Relations Act 1997, or any other such act that impinges on the election of Officers of the Union.
In the event of a member gaining selection for more than one (1) position, at either Divisional Council or Branch level he/she shall be deemed to become the holder of the senior position and consequently forfeits the selection of the junior position. The nominee with the next highest number of votes shall be declared the holder of the junior position.
Positions on the Divisional Council in seniority order are:
State President (1), State Vice-President (1), Divisional Councillors (7).
Positions in Branches and Sub Branches in seniority order are:
Branch Secretary, Branch Chairperson, Branch Vice-Chairperson, Committee members.
RULE 25 - BALLOTS REFERENDA
(1) Election of members to all positions in the union and determination of all matters submitted to members by a referendum, shall be by secret postal ballot.
(2) Any member entitled to vote at an election or referendum who is absent during the period a ballot is in progress shall, upon application to the Returning Officer, have a ballot paper posted to him/her at the address furnished and he/she shall return such ballot paper to the Returning Officer before the closing time and date of the ballot.
(3) In the case of election of Union Officers, the Returning Officer shall invite nominations from eligible members. Each candidate for Office must be a financial member of the Union and be nominated by two (2) financial members. Each such nomination submitted to the Returning Officer must be accompanied by the written consent of the nominee to accept nomination and contest the election as a candidate. If the Returning Officer finds a nomination to be defective he/she shall, before rejecting the nomination, notify the person concerned of the defect and where it is practicable to do so, give him/her the opportunity of remedying the defect within seven (7) days of his/her being so notified. If the number of nominations coincide with the number of candidates to be elected then the Returning Officer shall declare the candidates elected unopposed. Such election will take effect as from the beginning of the designated term of office.
(4) When the number of candidates exceeds the number of the respective vacancies to be filled, the Returning Officer shall conduct a ballot in accordance with these Rules. In every ballot for the election of Union Officers the Returning Officer shall prepare the ballot paper in proper form and set out thereon the vacancy or vacancies to be filled, the names of the candidate or candidates for each respective vacancy, the number of candidates to be elected to each vacant office and the method to be followed by members in recording their votes. Each ballot paper must also set out the time and date upon which the ballot closes and it should be in such form as will enable it to be folded and sealed before it is placed in the ballot box specially provided to receive it. In the case of a postal ballot, the Returning Officer shall forward, to the address shown on the roll of members, a ballot paper, by pre-paid post, to all members entitled to vote. The ballot paper shall be accompanied by an envelope marked "Ballot Paper" and in addition a reply paid envelope addressed to the Returning Officer at an address arranged by him/her for the return of the ballot papers. The ballot paper containing a member's vote must first be enclosed in the envelope marked "Ballot Paper" and it must then be placed in the envelope addressed to the Returning Officer and posted to reach the latter not later than the time and closing date shown on the ballot paper.
(5) In the case of a referendum, the question or questions to be decided shall be clearly expressed on the ballot paper and the manner of voting for or against the proposition shall be stipulated.
(6) Voting in ballots shall be conducted by the first past the post system.
(7) The Returning Officer shall arrange for the printing of such number of ballot papers as will be sufficient to provide one for each member entitled to vote at the ballot and he/she shall keep a record of the number of ballot papers printed, of the number returned, the number of votes recorded, the number of formal and informal votes, the number of votes (if any) challenged by the scrutineers and the total number polled by each candidate.
(8) Seven (7) days notice of the place, time and date of the counting of the votes polled shall be given by the Returning Officer to each candidate, so that the candidate may appoint a financial member as scrutineer to represent him/her at the counting of the ballot, but no election shall be invalidated by reason of the fact that a scrutineer does not exercise any or all of his/her rights, provided he/she has been given reasonable opportunity of so doing.
(9) The Divisional Council shall, where necessary, fix the time and dates for the opening and closing of nominations and for the commencement and closing of ballots.
(10) In conducting ballots and referenda the Returning Officer appointed by the Divisional Council, or Branch shall afford duly authorised scrutineers every opportunity of perusing each nomination accepted as valid or rejected as invalid and of scrutinising every phase of the ballot to ensure its complete secrecy, including inspection of the ballot box before it is sealed at the commencement of the ballot and before it is opened for the purpose of counting the ballot. Scrutineers shall be allowed to be present during the whole of the time the counting of the ballot is in progress and may inspect all ballot papers, whether the vote recorded thereon be formal or informal and they shall have the right to challenge any vote they consider has been wrongfully allowed or disallowed, but the final determination thereof resides with the Returning Officer. A scrutineer shall not be entitled to remove, mark, alter or deface any ballot paper or other document used in connection with an election, neither shall he/she interfere with, nor attempt to influence any member about to cast, or engaged in casting, his/her vote.
(11) When counting of the votes recorded has been completed the Returning Officer shall declare duly elected the person (or persons) obtaining the highest number of votes and in the case of equal voting he/she shall have a casting vote. Those who are declared duly elected by the Returning Officer shall hold office until their successors are elected. Such election will take effect as from the beginning of the designated term of office.
(12) All ballot papers, envelopes, lists and other documents used in, or in connection with, any election or referendum authorised by the Divisional Council or Branch, shall be retained by the State Secretary or Branch Secretary respectively for a period of twelve months after the result of the ballot has been declared. At the expiration of that period, such ballot papers, etc. shall be destroyed.
(13) After the ballot has been completed and the election declared to the appropriate authority, the Returning Officer shall submit to the Divisional Council or other body authorising the ballot, a full report on the conduct of the ballot.
(14) Appeals against the election of any candidate must be lodged with the controlling body within fourteen (14) days after the close of the ballot, together with the grounds upon which such appeals are based. The Divisional Council or such other appropriate body shall deal with any appeals in such manner as the circumstances dictate and its decision shall be final and conclusive.
RULE 26 - AUTHORITY TO WITHDRAW NOMINATIONS
Nominees for any Union Office position, who, after the closing date for such nomination, shall be allowed to withdraw their nomination within seven (7) days from the closing date. Providing their withdrawal is in writing and signed by the nominee.
RULE 27 - FILLING OF CASUAL VACANCY
(1) In the event of an extraordinary vacancy for positions of State Secretary, State President, State Vice-President, Divisional Councillor, Proxy Divisional Councillor, Branch Secretary, Branch Chairperson, or Branch Committee member due to death, resignation, retirement, permanent transfer, dismissal or for any other reason the vacancy shall be filled by an ordinary election when the balance of the term,
(a) exceeds 12 months
or
(b) exceeds three-quarters of the unexpired term of office whichever is the greater.
(2) Should the extraordinary vacancy occur during the last 12 months of the officer's tenure for the positions of State Secretary, State President, State Vice-President, Divisional Councillor, or Proxy Divisional Councillor, the Divisional Council may appoint a replacement officer to act in the vacant position until the next ordinary election.
(3) Should the extraordinary vacancy occur during the last 12 months of the officer's tenure for the positions of Branch Secretary, Branch Chairperson, Branch Vice-Chairperson or Branch Committee member, the Branch Committee may appoint a replacement officer to act in the vacant position until the next ordinary election.
RULE 28 - AUDITOR
The Divisional Council shall appoint an Auditor to carry out a yearly audit of the books and accounts of the Union, as early as possible after January the 15th each year and submit a report thereon to the Divisional Council. The financial year shall be the 1st of January to the 31st of December.
RULE 29 - ALTERATION OF RULES
Should the necessity arise for altering or rescinding any part of the Rules, it may be done by the Divisional Council, at
(a) The request of a Branch, Branches or the Committee of Management.
or
(b) Such request must be in the hands of the State Secretary two (2) months prior to the date of Divisional Council Meeting. On receiving such request the State Secretary shall lay it before Branches at least one (1) month prior to the date of the Council Meeting. Such requests and the opinions of Branches will be laid before the Divisional Council and obtain the consent of a majority of Councillors to such alterations prior to them being made: provided always that the Divisional Council or Committee of Management may, at any time, make or amend any rules so that the Rules of the Union comply with the requirements of the Industrial Organisations Act 1997 and / or the Workplace Relations Act 1997.
RULE 30 - MORTALITY BENEFIT
(1) Should any financial member of the Union who is contributing to the benefit fund herein provided, die whilst an employee of the Chief Executive for Queensland Rail or whilst engaged in the fighting forces (and regarded by the Chief Executive as an employee of Queensland Rail) a mortality benefit, shall be paid in accordance with the provisions of this rule.
(2) An amount of $3,000 shall be paid as soon as possible to the deceased member’s partner, one of his / her next of kin or to such other persons as shall be determined by the Divisional Council. An amount equal to 50% of the above entitlement shall be paid as soon as possible to the member on advice to the State Office that the member’s spouse / partner has passed away.
The amount of the Mortality Benefit to be reviewed from time to time by the Divisional Council.
(3) To establish a Mortality Fund for the purpose of meeting payments promptly each member shall pay a mortality levy of $3.00 each half year to maintain the funds of the Mortality Scheme. Those members paying contributions and levies by payroll deduction of union dues shall be deemed financial for the purpose of the above paragraph.
(4) For the purpose of this Rule a member shall be deemed to be unfinancial if the $3.00 levy is unpaid three (3) months after the commencement of each half yearly period.
Should a contributing member die within three (3) months after the commencement of each half yearly period and he or she has not paid the $3.00 Mortality Levy the amount of such unpaid levy shall be deducted from the benefit.
(5) For the purpose of this Rule, a member shall be deemed to cease being an employee of Queensland Rail at the expiration of his/her current union ticket.
Provided that the State Secretary, State President (when employed full time by the Union in that position) and political members while remaining members of the union, and contributing to this fund, shall be entitled to the benefits thereof until they reach the age at which employees of Queensland Rail are retired.
(6) A life member of the union, who has resigned or been retired from Queensland Rail, shall, at the expiration of his/her current union ticket at the time of resignation or retirement, be excluded from participation in the mortality benefit scheme and excluded from any benefit therefrom.
(7) Arrears of levies made under the authority of these Rules shall be deemed to be a debt due by the member of the union and (in addition to all other liabilities and disabilities to which a defaulting member may be subject), shall be recoverable by law.
RULE 31 - SPECIAL GRANTS
The Divisional Council shall have power to make a special grant, loan, or donation of an amount not exceeding $1,000.00 from the General Fund of the Union for such purpose as is determined by the Divisional Council at regular or special meetings. Provided that these purposes be such as not to conflict with the objects of this Union. In the case of amounts in excess of $1,000.00 the Divisional Council shall satisfy itself that the making of such grant, loan or donation is in accordance with the rules of the Union, and, in the case of a loan, the proposed security is adequate and proposed repayment arrangements are satisfactory.
RULE 32 - MEMBERSHIP DISCIPLINARY
(1) Any member who:
(a) Refuses or neglects to abide by and observe the rules and resolutions of the union
or
(b) Acts in opposition to the principles or interests of unionism or the union
or
(c) Acts in a dishonourable, offensive or unbecoming manner, may be summoned by the Secretary thereof to a special or ordinary meeting of his/her Divisional Council and or branch, to explain his/her conduct.
(2) If such member:
(a) Fails to attend,
(b) Fails to give to such meeting an explanation satisfactory to a majority of members present thereat, he or she may be fined, suspended or expelled, provided that, if a fine be imposed, then such fine shall not exceed a sum of monies equivalent to one (1) days' wages of the said member.
(c) Provided further that a branch shall not have the power to suspend or expel any member. Any member fined, suspended, or expelled, may within 28 days of the decision to fine, suspend or expel, appeal to the Divisional Council against such fine, suspension or expulsion, and the decision of the Divisional Council shall be final and conclusive.
(3) No member who has been expelled from the Union shall be readmitted as a member without the consent of the Divisional Council.
(4) Any member owing more than three (3) months contributions or dues shall be considered unfinancial and shall lose all rights and privileges of membership and may be sued for their arrears without notice.
(5) Any member may be summoned before a branch of the Union or Divisional Council, by giving such summons to him/her personally, a reasonable time before any meeting of such branch or Divisional Council, or by posting such summons to him/her at their last known or most usual place of abode. All charges shall be made in writing, and shall be delivered with the summons at the time of the notice.
(6) That any member (of their own volition) found to be using political influence for promotion or transfer purposes shall not be entitled to union support in regard to such promotion or transfer.
RULE 33 - ASSISTANCE TO MEMBERS
(1) Any financial member who, while on duty, and in consequence of some accident, shall become liable to criminal prosecution, and who desires the Union to act on his/her behalf, may, if the Divisional Council considers his/her defence warranted, have the necessary expenses of his/her defence defrayed from the funds of the Union, if in the opinion of such Council, the funds be not sufficient to meet the necessary expenditure, a special levy may be imposed on all members to cover such expense.
(2) When a financial member has been charged with an indictable offence committed whilst in the execution of his/her duty, the Divisional Council may, at the conclusion of the action, defray the cost or such portion of the cost of the defence as it deems expedient to meet.
(3) Any financial member desirous of consideration under this Rule shall furnish, through his/her Branch, all information to the State Secretary, as soon as possible after the financial member concerned learns that proceedings are being taken against him/her.
(4) Any financial member who considers they have been unjustly dealt with by or on behalf of their employer in respect of the execution of their duty, may submit the case to their Branch Secretary furnishing a written statement, together with all correspondence bearing on the matter and details of the evidence proposed to be given in support of such member, all of which evidence must be furnished on the honour of the witness. If an inquiry has been held into the matter, a copy of the evidence taken thereat shall also be submitted, if procurable. The Branch or Branch Committee shall then decide what action, if any, shall be taken by them. Provided that, in the likelihood of an Industrial Dispute occurring, the Branch shall immediately forward all relevant information to the relevant Divisional Councillor and Head Office of the Union so as to enable the matter to be dealt with by the Divisional Council or Committee of Management.
Provided further, that the expenditure by Branches on inquiries and appeals shall be limited to $100.00 unless otherwise determined by the Divisional Council.
Every financial member of the Division shall have the right of appeal, through his/her Branch to the Divisional Council, whose decision shall be final.
The Divisional Council shall appoint a State Appeal Court Advocate to provide representation to financial members of the Union when deemed appropriate in accordance with these Rules. A member desirous of an appeal may secure the services of a solicitor in preference to the state advocate appointed by the Divisional Council on the distinct understanding that the amount of financial assistance given by the union shall be limited to what it would cost if the State Appeal Court Advocate, took the case unless otherwise determined by the Divisional Councillors.
Provided that the State Secretary shall not be permitted to conduct appeals on behalf of Branch members.
In the case of appeals against promotion where the appointee is a financial member of this Union, such appointee shall not receive any assistance from the Union.
The Union shall not provide assistance for an appellant in an appeal against promotion when the appointee is the senior applicant.
Where there is a number of appellants, the Union will only provide representation for appellants that are senior to the appointee, in order of seniority should there be more than one appellant.
The Union will not provide representation for an appellant who has been promoted and wishes to appeal against an appointee to another depot also by way of promotion.
(5) Should any financial member be injured or killed in the execution of his/her duty, the case shall be remitted by the Branch to which the financial member belongs, to Divisional Council, who shall use every endeavour to secure adequate compensation for those entitled thereto.
That any financial member on whose behalf the Union appears, give an undertaking that if the compensation case be successfully completed he/she be obliged to pay the costs of the case.
Further, that if the case is unsuccessfully completed, that the Union pay the costs of the case.
That Divisional Council only be authorised to agree to the merits of any compensation case taken by legal firm.
RULE 34 - AGREEMENT WITH EMPLOYEES
No contract shall be entered into between the Divisional Council and any of the employees of the Division for any specified period of employment that cannot be terminated or ratified by a special Divisional Council.
RULE 35 - CONTROL BY MEMBERS
The members of the Union shall have the following control over the Divisional Council and Committee of Management and Officers of the Union. If requested by resolutions of the members, in special general meetings convened for the purpose, of twenty Branches, or any lesser number of Branches having between them at the time of such resolutions not less than half of the total membership of the Union, a ballot of all members shall be taken in the manner prescribed by these Rules within three (3) months of the communication to the State President, or the State Secretary, of the last such resolutions, upon the question raised by the resolutions, and the decision of the majority of members voting shall be binding and conclusive.
RULE 36 - REMOVAL OF OFFICERS
(1) In addition to and without in anyway limiting any other provisions contained in these Rules, any Officer or member of the Divisional Council or Branch Committee or a Divisional Trustee may be removed from Office by resolution carried at a meeting of Divisional Council or Branch Committee as the case may be, to which the person concerned has been summoned in writing to show why he or she should not be so removed. Provided that such person shall not be removed from office unless he or she has been found guilty of misappropriation of the funds of the union, a substantial breach of these rules, or gross misbehaviour or gross neglect of duty or has ceased, according to these rules, to be eligible to hold Office.
(2) A person summoned to show cause pursuant to sub rule (1) of this rule shall be given at least 14 days notice of the time and place of the meeting of the Divisional Council or Branch to which he/she is summoned and the notice summoning such person shall also specify the ground or grounds upon which it is proposed to consider such removal. Provided further that the person concerned shall be given the opportunity to show cause why he/she should not be so removed. The Divisional Council or Branch as the case may be may proceed to hear and determine a matter under this rule notwithstanding the absence of the person summoned if due notice of the hearing has been given in accordance with this rule.
RULE 37 - ELIGIBILITY TO HOLD OFFICE
Any person elected to any office within the Union shall cease to be eligible to hold office if:
(1) He/she becomes unfinancial in accordance with the Uniform Rules.
(2) He/she resigns by notice in writing to the State Secretary or Branch Secretary.
(3) A Trustee shall in addition to the above, cease to be eligible to hold office if he/she ceases to be a resident in the metropolitan area of Brisbane.
RULE 38 - REGISTER OF MEMBERS
A register of the names of the members of the Union and of the Officers of the Divisional Council and Branches shall be kept by the State Secretary at the registered office and shall be open at any convenient time for inspection by the Registrar of the Queensland Industrial Relations Commission or any person appointed by such.
RULE 39 - INSPECTION OF BOOKS
All financial members interested in the funds of the Union shall be permitted to inspect the books and list of members at all reasonable times on an order signed as regards the books of the Union by the State President of the Union.
RULE 40 - FUNDS (DISBURSEMENT OF)
For the management or administration of the ordinary affairs of the Union, there shall be three (3) funds, known as,
General Fund; Legal Contingency Fund; Mortality Benefit Fund.
The expenditure of such funds shall be under the control of the Divisional Council, who shall ratify such expenditure by way of resolution after viewing the auditors report and cash payment book.
RULE 41 - MEMBERS VISITING OTHER BRANCHES
Any member in good standing shall be entitled to attend any meeting of another Branch on production of satisfactory evidence of membership, and shall be allowed to debate any motion brought forward, but shall not be allowed to bring forward any motion or vote.
RULE 42 - VOTING AT MEETINGS
Unless otherwise provided for in these Rules, voting at all meetings held under the Rules of the Union, shall be by show of hands.
RULE 43 - LIFE MEMBERS
Any member who has paid all dues and demands to the Union and has rendered special service to the Union may be appointed a life member by resolution of the Divisional Council and any member so appointed shall be entitled to the full rights of membership.
Provided further that such request for life membership must be at the request of the member's branch by resolution.
RULE 44 - POLITICAL MEMBERS
Any member who may be elected to the Parliament of the Commonwealth or of a State, or to a City, Municipal or Shire Council, shall be privileged to retain his/her membership, provided that he/she pays all dues as prescribed by the rules.
RULE 45 - ATTENDANCE AT EXECUTIVE MEETINGS
Members of the Union may attend a meeting of the Divisional Council, but no person who is not a member of the aforesaid Council whose meeting is then being held, shall speak on any question, or take part in the business of such meeting, except on the invitation of such Council. Provided that the aforesaid Council may at any time resolve itself into a Committee of the whole for the purpose of consideration of any particular matter or matters, and in such case, the meeting room shall be cleared of all persons other than members of such Council.
RULE 46 - AFFILIATION WITH ALP, ACTU (QUEENSLAND)
This Union shall remain affiliated with the Australian Labour Party and the Australian Council of Trade Unions Queensland, until such time as the members by ballot, have decided otherwise.
RULE 47 - AMALGAMATIONS
If at any time it shall be considered necessary in the general interests of the Union to amalgamate with any other Union or Unions, the Divisional Council is empowered to enter negotiations and agree upon terms for any such amalgamation, provided however, that no such amalgamation shall be entered into until the terms agreed upon are submitted to members for ballot conducted in accordance with these Rules and unless the majority of members voting in such ballot approve of the amalgamation upon the terms suggested.
RULE 48 - DISSOLUTION
The Union shall not be dissolved unless two-thirds of the members of the Union so decided. The decision to be by ballot after the proposal to dissolve has appeared on the agenda paper for the Divisional Council meeting and has been dealt with by the Divisional Council as provided by the Rules.
RULE 49 - COMMON SEAL
A common seal of the Union, herein referred to as the seal shall be circular in form, surmounted by a scroll in the form of a locomotive spring, the centre shall consist of the outline of the continent of Australia, traversed by a locomotive. The ring surrounding the outline of the continent shall bear the words - Australian Federated Union of Locomotive Enginemen.
The seal shall be kept in the custody of the State Secretary at the registered office of the Union.