Rules part 2: Membership

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PART II : MEMBERSHIP

 
7. MEMBERSHIP

 
7.1 Any person who

(a) Is employed or about to be employed or is intending to be employed in any capacity in the engineering, printing or manufacturing industries; and

(b) Does not hold or is not about to hold a senior management position with an employer; and

(c) On application for membership authorises the Union to represent and promote his/her collective employment interests; and

(d) On application for membership agrees to be bound by and observe the rules of the Union; and

(e) Has not previously been expelled from membership of the Union

 

may on his/her written application be admitted to membership of the Union.

 

7.2 For the purposes of this rule "the engineering, printing and manufacturing industries" shall include:

  • Aviation
  • Energy
  • Electro communications
  • Food
  • Heavy engineering, fabrication and building services
  • Manufacturing
  • Mining and energy
  • Plastics
  • Postal and logistics
  • Print and media
  • Public services and infrastructure
  • Timber
  • Any other industry sector or occupation which the National Executive may from time to time determine.

 
7.3 Notwithstanding the provisions of rule 7.1 above, the Union may at its discretion admit to and/or retain in membership other persons who agree to be bound by and observe the rules of the Union and whose membership of the union is deemed by the National Executive to be consistent with the advancement of the objects of the Union.

For the avoidance of doubt, the Union may at its discretion admit to and/or retain in membership a person who, while their employment comes within the scope of  the coverage clause of a collective agreement to which the Union is a party, for reasons acceptable to the Union does not wish to be covered by that collective agreement.

 

7.4 Every application for membership shall be made in writing to the Union on the prescribed form.

 

7.5 The Union shall within 28 days of receipt of the application notify the applicant in writing of the Union's acceptance or rejection of the application. It shall not be necessary for the Union to give any reason.

 

 7.6 Any person whose application for membership is rejected shall have the right to appeal to the National Executive. The appeal must be in writing and be lodged with the National Secretary within 14 days of the date of notification. The decision of the National Executive shall be final (notwithstanding Rule 41) and shall be notified to the appellant. No reason need be given for acceptance or rejection of such appeal.

 

7.7 Every member shall be bound by the Rules and the policy of the Union and by lawful decisions of the Union or part of the Union which apply to the member.

 

7.8 Proof of membership shall be produced by a member when required by an officer, official or delegate.

 

8. SUBSCRIPTIONS


8.1 Subscriptions, and the conditions and methods of payment, shall be determined from time to time by the National Executive.

 
8.2  Subject to rule 8.4, subscriptions shall be paid in advance for the financial year. The subscription shall become due on the first day of the financial year.


8.3  Subject to rule 8.4, members who join during a financial year shall pay a proportion of the subscription calculated according to the unelapsed portion of the financial year. The subscription shall become due on the first day of membership.

 
8.4  Periodic Payment and Direct Deduction


8.4.1
 The subscription may, by arrangement with the Union, be paid by regular monthly or quarterly instalments or by credit card, automatic bank payment or similar credit facility.


8.4.2  The subscription may, by arrangement between the employer and the Union, be paid by regular instalments as a deduction from the wages of the member, credited and remitted to the Union by the employer.


8.4.3  If the employment of the member is terminated and where he/she remains working in a category covered by the membership rule any unpaid balance of the subscription shall become immediately payable unless the member authorises his/her next employer to make deductions.

 
8.5
The Union may sue for and recover unpaid subscriptions and any other money owed to the Union.

 

8.6 Temporary Exemption

 
8.6.1  Any member who is temporarily unemployed or prevented from working by sickness or accident may be exempt from payment of  all or part of his/her subscriptions during the term of his/her unemployment or disability.

 

8.6.2  To obtain the benefit of this exemption the member shall:

(a)  Give notice of his/her temporary unemployment or disability to the nearest office of the Union within 5 working days of ceasing work; and

(b)  Give notice to the nearest office of the Union within 5 days of recommencement of work; and

(c) Be a financial member at the time of making application; and

(d)  Not be receiving full pay during the period of disability.

 

8.6.3 If a member does not give notice in the required time, the exemption may take effect only from the day preceding notification.


8.6.4 Any worker who makes a false declaration shall forfeit the right to exemption.


8.6.5 The Union may waive any or all of these requirements on the grounds of hardship.


8.7 The National Executive may from time to time make provision for specific levels of subscription for categories of members such as junior, part-time or casual workers.

 

9. TYPES OF MEMBERSHIP

The Union shall consist of the following types of members, who shall all be members of the Union.


9.1 Ordinary Members

All members of the Union, except life members and associate members, shall be ordinary members.


9.2 Financial Members


9.2.1 A financial member is an ordinary member of the Union who is not in arrears for more than one month from the date that any fee, subscription, levy or contribution is required to be paid under these Rules; provided that where a member has authorised his/her employer to deduct subscriptions from wages and remit them to the Union under an arrangement between the employer and the Union under rule 8.4.2 that member shall be deemed to be financial in relation to his/her subscription while that authorisation and arrangement remain in force.


9.2.2 A member who is not a financial member shall not be permitted to seek office or to vote in the affairs of the Union.


9.3 Life Members


9.3.1 The National Executive may confer life membership of the Union on any person who has:

 (a) Been a financial member for not less than 20 years; and

 (b) Served the Union in such a meritorious manner that the National    Executive considers it appropriate to confer life membership.


9.3.2 Every life member shall be exempt from payment of subscriptions and levies from the next financial year after his/her appointment as a life member.


9.3.3 For the purposes of this Rule, membership of any one or more registered Unions which by amalgamation or otherwise have become part of this Union, shall count towards financial membership of this Union.

 
9.3.4 Every life member shall retain the full rights and privileges of financial membership.

 
9.4 Associate Members

 

9.4.1 The Union, on an application in writing, may admit any person to associate membership.


9.4.2 The National Executive shall from time to time determine appropriate rates of subscription fees for particular categories of associate members, and associate members shall pay such fees in a manner determined from time to time by the National Executive.


9.4.3 Associate members shall enjoy such benefits and privileges as may be determined from time to time by the National Executive, provided that no associate member shall have voting rights or be able to seek office in the Union.

 

10. REGISTER OF MEMBERS

10.1 The National Secretary shall ensure that the Union maintains a register of members.

10.2 The register shall show in respect of each member:

(a) Full name, address and occupation; and

(b) Date of enrolment; and

(c) Place of employment; and

(d) Financial standing in the Union; and

(e) Employment agreement coverage; and

(f) Such other information as may be required from time to time by the National Executive and which is reasonably required for the effective and efficient operation of the Union and the provision of its services.


10.3 Each member shall be responsible for advising the Union of any change to his/her address or circumstances.

 
11. TERMINATION OF MEMBERSHIP

11.1 If a member wishes to terminate his/her membership of the Union, he/she shall give to the Union 14 days' notice in writing and shall pay all subscriptions due to the date of expiry of the notice.

11.2 Upon termination of membership of the Union a member shall cease to have any interest in or claim on subscriptions paid to the Union.


11.3 Subject to Rule 8.6.1 and Rule 9.3, if a member is no longer employed within the scope of the Union's membership rule, his/her membership of the Union shall be deemed to be terminated. The National Secretary may at any time give 14 days' notice of such termination of membership to the member. The notice shall contain brief details of the reasons for the termination.

 

11.4 Right of Appeal

11.4.1 Any person whose membership is so terminated shall have the right within one month of the date of the notice of termination to appeal in writing to the National Executive.  The notice of appeal shall set out the grounds for the appeal and may be accompanied by any supporting information the appellant wishes to submit.


11.4.2 The National Secretary shall arrange for the appeal to be considered at the next ordinary meeting of the National Executive.  The National Executive may call for and hear such evidence as it deems fit including evidence from the appellant.

 

11.4.3 The decision of the National Executive shall, notwithstanding Rule 41, be final and binding.

11.4.4 Any person whose membership of the Union is terminated shall be entitled to a refund of subscriptions paid in respect of the unexpired portion of the financial year.


11.5 Resignation or termination of a membership shall not exempt the member from liability in respect of any act or omission while that person was a member.

 

12. PURGING THE REGISTER


12.1 The Union shall from time to time purge the Register of Members by striking off the name of any member in arrears of dues for more than 3 months and shall keep a list of such purged members, a copy of which shall be delivered to the National Secretary as required.


12.2 The purged member shall not be discharged from responsibility for payment of the outstanding dues.

 
13. DISCIPLINE OF MEMBERS


13.1 The National Executive shall have the power by formal resolution, after considering a charge laid before it in writing by any member or group of members, to discipline any member whom it finds guilty of:

(a) Breaching these rules; or

(b) Refusing to comply with the lawful resolutions of a Conference of the Union, the National Executive, an industry council, a delegates forum or a decision made by a ballot where according to these rules such decision is binding on the member concerned; or

(c) Fraud in connection with the funds or property of the Union; or

(d) Fraud in relation to any election conducted under these rules; or

(e) Divulging the confidential business of the Union to any non-member, or taking any other action, in a manner calculated to prejudice the interests of the Union or its members.

 
13.2 The National Executive shall not discipline any member unless it first has given the member full details of the charge and, with not less than 14 days' notice in writing, the opportunity to appear before it and be heard on the charge or to provide a written response to the charge. The National Executive shall take into consideration all matter put before it by the charged member.

 
13.3 The disciplinary measures which the National Executive may impose are:

(a) Formal censure in writing; and/or

(b) Suspension from office in the Union; and/or

(c) The imposition of a fine not exceeding $500; or

(d) Expulsion from the Union.

 
13.4 A member disciplined by the National Executive may, within 14 days of being notified of the National Executive's decision, appeal in writing against that decision. The appeal shall be considered by an appeal committee consisting of one member (who is not a member of the National Executive) appointed by the National Executive, one member appointed by the member disciplined, and a chairperson appointed by those members (or in the event of their failure to agree by the National Secretary). The appeal committee may uphold, reverse or amend the National Executive's decision, and its decision shall be final.

 

13.5 Where the National Executive finds that a charge against a member has been laid maliciously, vexatiously or frivolously it may impose on the member or members who laid the charge a penalty of not more than $500.