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AEU NT RULE Changes 2015
Amendments to Rule 27 Casual Vacancies
In 2013 changes to Rule 27 Casual Vacancies, were presented to Annual Conference.
The 2013 Annual Conference voted unanimously in support.
However, the FWC has not accepted all the changes because it found that Rule 27(b) in its original
form did not comply with Section 146 of the Registered Organisations Act. The amendments
sought would not rectify the problem though they were otherwise acceptable for the reasons we
gave.
It did accept changes to 27(a) and 27(c).
To comply with Section 146 our rules must not allow a position to be filled by nomination (instead
of holding an election) if the period left to serve is longer than 12 months or ¾ of the term of
office (whichever is greater).
Our current Rule 27(b) allows for Executive Councillor positions and others to be filled by
nomination either by Regional Councils or Branch Executive at any time they become vacant.
These positions are for 2 year terms and so complying with Section 146 requires that they can only
be filled that way if they become vacant with less than 18 months left to serve. If they become
vacant in the first 6 months then they can only be filled by election.
We have been directed to amend our rules so that this problem is rectified.
The reason provided in 2013 to amend 27(b) are still valid. There have been 2 situations occur
which give rise to these proposed rule changes.
In 2012 our Vice-President(TAFE) , Gerry McKeegan resigned as he no longer worked at CDU Alice
Springs. Under the existing rule 27(b) it states that when a Vice-President position becomes vacant
Executive shall appoint a member of Executive to fill that vacancy. However, there is only one
position reserved for the TAFE division on Executive, VP (TAFE), so when that person resigns
he/she CANNOT be replaced with a TAFE member. The proposed change aligns this with the
situation of an Executive Councillor vacancy where the Regional Council nominates a financial
member from the region to replace them ie the region retains its representation.
In the 2012 elections there were no nominations received in time for Executive Councillor
representing Indigenous teachers and Indigenous education workers. Referring to our rules
regarding casual vacancies showed that there is no process for filling this position. This was the
core reason for the calling of elections early in 2013 which concluded on 15th April. However, if we
have a resignation or for some other reason the position becomes vacant there must be a way of
putting someone else in place. The proposed change brings this position in line with the VicePresident (TAFE) because it is most likely that there will not be another Indigenous member of
Executive to be appointed by Executive to fill the role, we need to be able to appoint someone
who is Indigenous from outside of Executive if necessary.
** This rule change was endorsed by 2014 Conference, however the Fair Work
Commission compliance branch determined that a number of constitutional and legal
compliance requirements were not met, and therefore did not accept the rule change.
Thus it is being moved again, in identical format to 2014.
Executive Motion :
That Conference endorses the proposed rule change amending
Rule 27, as detailed in the material presented to delegates.
Moved: Anita Jonsberg Seconded: Stephen Pelizzo
That the following rule be amended:
27 - BRANCH CONFERENCE AND BRANCH EXECUTIVE - FILLING CASUAL VACANCY
Rule 27 amended as follows
Replace existing Rule 27 (b) with the following
Insert a new Rule 27 (c) covering Executive Councillors
Renumber existing Rule 27 (c) and (d) to become Rule 27 (d) and (e) respectively
The amended parts of the rule would now read:
(b)
In the case of the Treasurer, the Vice-President (General), the Women's Officer, the VicePresident (TAFE) or the Executive Councillor representing Indigenous teachers and
Indigenous education workers, an election shall be held in accordance with these Rules as
soon as practicable after the vacancy occurs. The elected person shall then hold office for
the unexpired portion of his/her predecessor’s term. Provided that the Branch Executive
may, where the remaining term of office to which a member would be elected is less than
three quarters of the term of office, fill the position by appointing:
(i)
In the case of the Treasurer or the Vice-President (General) a member of Branch
Executive who shall then hold office for the unexpired portion of his/her
predecessor's term.
(ii)
In the case of the Women’s Officer, a female member of the Branch Executive who
shall then hold office for the unexpired portion of her predecessor’s term.
(iii)
In the case of the Vice-President (TAFE), a financial member from the TAFE division
who shall then hold office for the unexpired portion of his/her predecessor’s term.
(iv)
In the case of the Executive Councillor representing Indigenous teachers and
Indigenous education workers, a financial member who is an Indigenous person
who shall then hold office for the unexpired portion of his/her predecessor’s term.
(c)
In the case of an Executive Councillor (other than the Executive Councillor representing
Indigenous teachers and Indigenous education workers) an election shall be held in
accordance with these Rules as soon as practicable after the vacancy occurs. The elected
person shall then hold office for the unexpired portion of his/her predecessor’s term.
Provided that the relevant Regional Council may, where the remaining term of office to
which a member would be elected is less than three quarters of the term of office, appoint
to the position a financial member of that region who shall then hold office for the
unexpired portion of his/her predecessor's term.
The entire rule would become:
27 – BRANCH CONFERENCE AND BRANCH EXECUTIVE – FILLING CASUAL VACANCY
A casual vacancy in the office of Branch Conference Delegate or Branch Executive Member shall be
filled as follows:
(a)
In the case of the Branch President, an election shall be held in accordance with these Rules
as soon as practicable after the vacancy occurs. The elected person shall then hold office for
the unexpired portion of his/her predecessor’s term. Provided that where the remaining
term of office is 12 months or less the Branch Executive may appoint a financial member to
fill the vacancy for the remainder of the term.
(b)
In the case of the Treasurer, the Vice-President (General), the Women's Officer, the VicePresident (TAFE) or the Executive Councillor representing Indigenous teachers and
Indigenous education workers, an election shall be held in accordance with these Rules as
soon as practicable after the vacancy occurs. The elected person shall then hold office for
the unexpired portion of his/her predecessor’s term. Provided that the Branch Executive
may, where the remaining term of office to which a member would be elected is less than
three quarters of the term of office, fill the position by appointing:
(c)
(i)
In the case of the Treasurer or the Vice-President (General) a member of Branch
Executive who shall then hold office for the unexpired portion of his/her
predecessor's term.
(ii)
In the case of the Women’s Officer, a female member of the Branch Executive who
shall then hold office for the unexpired portion of her predecessor’s term.
(iii)
In the case of the Vice-President (TAFE), a financial member from the TAFE division
who shall then hold office for the unexpired portion of his/her predecessor’s term.
(iv)
In the case of the Executive Councillor representing Indigenous teachers and
Indigenous education workers, a financial member who is an Indigenous person
who shall then hold office for the unexpired portion of his/her predecessor’s term.
In the case of an Executive Councillor (other than the Executive Councillor representing
Indigenous teachers and Indigenous education workers) an election shall be held in
accordance with these Rules as soon as practicable after the vacancy occurs. The elected
person shall then hold office for the unexpired portion of his/her predecessor’s term.
Provided that the relevant Regional Council may, where the remaining term of office to
which a member would be elected is less than three quarters of the term of office, appoint
to the position a financial member of that region who shall then hold office for the
unexpired portion of his/her predecessor's term.
(d)
In the case of the Branch Secretary an election shall be held in accordance with the Rules as
soon as practicable after the vacancy occurs. The elected person shall then hold office for
the unexpired portion of his/her predecessor’s term. Provided that where the remaining
term of office is one third (or less) of the original term then the Branch Executive may
appoint a financial member to fill the position for the remainder of the term. In the case of
an election the Branch Executive may appoint a financial member to the position until the
election process is complete.
(e)
In the case of a Sub-Branch Delegate to Branch Conference, the President of the Sub-Branch
concerned shall be deemed to be the holder of the office from the date on which the
vacancy occurs until a successor is elected at the next annual election. Should the SubBranch President already be a Branch Conference Delegate, or a member of the Branch
Executive or was the holder of the office at the date it became vacant, or if the office of the
Sub-Branch President is then vacant then the Vice-President of the Sub-Branch concerned
shall be the holder. Should there not be a Vice-President entitled to fill the vacancy, a
meeting of the Sub-Branch shall be called as soon as possible for the purpose of appointing a
member to fill the vacancy.