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Rules - Amendment

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  • 19th November 2019

Notice to members – Amendment to Rules

Members are advised that in accordance with Rule 30 of the Rules of the Shop, Distributive and Allied Employees’ Association, Western Australian Branch (Rules), the Committee of Management have approved an amendments to Rule 20, 22 and 24 of the Rules. The Secretary has applied to the Fair Work Commission to have the Rules amended to reflect the approved amendment, which is as follows:

Current Rule:

Rule 20 – DUTIES OF OFFICERS

(a) BRANCH PRESIDENT The Branch President shall be the recognised head of the Branch. He shall preside at all Special and Committee of Management Meetings, and see that same are conducted in a proper manner. He shall sign all documents requiring his signature as head of the Branch. He shall be empowered to instruct the Branch Secretary and to call Committee of Management Meetings in case of emergency, and generally to ensure the well-being and objects of the Branch. In case the votes at any time be equal, he shall exercise the privilege of giving a casting vote only. He shall with the Branch Secretary be an authorised signatory of cheques.

(b) BRANCH VICE-PRESIDENT The duties of Branch Vice-President shall be to assist the Branch President at all Special and Committee of Management Meetings, and take the chair and conduct the meeting with full presiding powers in the absence or illness of the Branch President.

 (c) BRANCH SECRETARY The duties of the Branch Secretary shall be to keep or cause to be kept a detailed account of al l monies received and expended on behalf of the Branch and all other necessary accounts, convene all meetings, attend to all correspondence, keep a copy of all correspondence, attend and assist the auditor when auditing, sign all clearance cards, prepare all returns, pay, or cause to be paid, all monies, into the Branch's account at the Bank or other financial institution approved by the Committee of Management as soon as possible after the receipt of same, investigate all disputes, and report fully to the Committee of Management, produce all books for inspection and read the state of the finances whenever required by the Committee of Management or by a Special Meeting of the Branch. He shall whenever practicable attend all meetings of the Branch and/or Sub- Branches and be allowed the right to speak and, if a member, to vote. He shall use every endeavour to advance the interest of the Branch, and shall be the Secretary of each Sub-Branch of the Branch. He shall be the custodian of the movable property of the Branch. He shall keep a register of the members of the Branch. He shall with the General President be an authorised signatory of cheques.

(d) BRANCH ASSISTANT SECRETARY The duties of the Branch Assistant Secretary shall be to assist the Branch Secretary to perform all or any of the duties of the Branch Secretary and, in the absence of the Branch Secretary, he shall assume the full duties of the Branch Secretary. He shall perform any other duties as requested by the Branch Committee of Management.

(e) BRANCH TREASURER The duties of Branch Treasurer shall be to sign all cheques required in place of the Branch President if he and the Branch Vice-President are both unavailable or in place of the Branch Secretary if he and the Branch Assistant Secretary are both unavailable to sign and produce when requested all books in his possession for the inspection of the Auditor.

 

Proposed amendment to rule:

(a) BRANCH PRESIDENT The Branch President shall be the recognised head of the Branch. He shall preside at all Special and Committee of Management Meetings, and see that same are conducted in a proper manner. He shall sign all documents requiring his signature as head of the Branch. He shall be empowered to instruct the Branch Secretary and to call Committee of Management Meetings in case of emergency, and generally to ensure the well-being and objects of the Branch. In case the votes at any time be equal, he shall exercise the privilege of giving a casting vote only. He/she shall, subject to the provisions of Rule 24, be authorised to sign cheques and approve electronic funds transfers.

(b) BRANCH VICE-PRESIDENT The duties of Branch Vice-President shall be to assist the Branch President at all Special and Committee of Management Meetings, and take the chair and conduct the meeting with full presiding powers in the absence or illness of the Branch President.  He/she shall, subject to the provisions of Rule 24, be authorised to sign cheques and approve electronic funds transfers.

 (c) BRANCH SECRETARY The duties of the Branch Secretary shall be to keep or cause to be kept a detailed account of al l monies received and expended on behalf of the Branch and all other necessary accounts, convene all meetings, attend to all correspondence, keep a copy of all correspondence, attend and assist the auditor when auditing, sign all clearance cards, prepare all returns, pay, or cause to be paid, all monies, into the Branch's account at the Bank or other financial institution approved by the Committee of Management as soon as possible after the receipt of same, investigate all disputes, and report fully to the Committee of Management, produce all books for inspection and read the state of the finances whenever required by the Committee of Management or by a Special Meeting of the Branch. He shall whenever practicable attend all meetings of the Branch and/or Sub- Branches and be allowed the right to speak and, if a member, to vote. He shall use every endeavour to advance the interest of the Branch, and shall be the Secretary of each Sub-Branch of the Branch. He shall be the custodian of the movable property of the Branch. He shall keep a register of the members of the Branch.  He/she shall, subject to the provisions of Rule 24, be authorised to sign cheques and approve electronic funds transfers.

(d) BRANCH ASSISTANT SECRETARY The duties of the Branch Assistant Secretary shall be to assist the Branch Secretary to perform all or any of the duties of the Branch Secretary and, in the absence of the Branch Secretary, he shall assume the full duties of the Branch Secretary. He shall perform any other duties as requested by the Branch Committee of Management. He/she shall, subject to the provisions of Rule 24, be authorised to sign cheques and approve electronic funds transfers.

(e) BRANCH TREASURER The duties of Branch Treasurer shall be to produce when requested all books in his possession for the inspection of the Auditor. He/she shall, subject to the provisions of Rule 24, be authorised to sign cheques and approve electronic funds transfers.

Reasons for all above changes:

All changes to Rule 20 are consequential amendments required to give effect to the proposed changes to Rule 24.

 

Current Rule

Rule 22 – MEMBERSHIP

22(d)    Membership shall commence from the date of acceptance of the applicant for membership by the Committee of Management.

Proposed amendment to rule 22(d), and inclusion of 22(e):

22(d)    Membership shall commence from the date the membership application is stamped as processed by the Branch office. 

22(e)    For each Committee of Management meeting, other than a special meeting called for a specific purpose, the Branch Secretary shall prepare a report detailing the names and workplaces of all new members and present such report to the Committee for their review.

Reason for Change under 22(d):

Under the current rule, a member who joins, and commences paying fees, is not technically eligible to the privileges of membership until such time as his/her membership application is considered by the Committee of Management.  At certain times of the year there can be a gap of up to three months between Committee of Management meetings, meaning an unreasonable delay in according membership privileges.  The proposed rule would provide that the person becomes a member at such time as the Branch office has the required details for the processing of a membership application.

Reason for inclusion of 22(e):

The proposed rule allows for oversight of new members of the Association by the Committee of Management, consistent with the practice under previous rule 22(d).

 

Current Rule:

Rule 24 – APPLICATION OF FUNDS

The Branch Secretary shall deposit or see to the deposit of all monies received on behalf of the Branch to the credit of an account to be maintained with the Commonwealth Savings Bank, or Commonwealth Trading Bank or other financial institution approved by the Committee of Management which account shall be in the name of the Branch and shall constitute the Branch Fund for the purposes of the Industrial Relations Act 1988. He shall obtain a receipt for each such deposit, all deposits shall be made forthwith after receipt and without deduction. Disbursements for ordinary purposes of the Branch shall be by cheque signed by the Branch President and Branch Secretary. Disbursements of monies for other than the ordinary purposes of the Branch shall be subject to the approval of the National Council or National Executive.

A loan, grant or donation of an amount exceeding $1,000 shall not be made by this Branch unless the Committee of Management of the Branch (a) has satisfied itself - (i) that the making of the loan, grant or donation would be in accordance with the other rules of the Branch; and (ii) in relation to a loan - that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and (b) has approved the making of the loan, grant or donation.

Proposed amendment to rule:

The Branch Secretary shall deposit or see to the deposit of all monies received on behalf of the Branch to the credit of an account to be maintained with the Commonwealth Savings Bank, or Commonwealth Trading Bank or other financial institution approved by the Committee of Management which account shall be in the name of the Branch and shall constitute the Branch Fund for the purposes of the Industrial Relations Act 1988. He shall obtain a receipt for each such deposit, all deposits shall be made forthwith after receipt and without deduction.

Funds for ordinary purposes of the Branch shall only be withdrawn by cheque signed by any two of the following:

President

Vice-President

Secretary

Assistant Secretary

Treasurer

Funds may be withdrawn by means of electronic funds transfer provided that the authorisation of any such electronic funds transfer shall be the same as that prescribed by these Rules for the signing of cheques. All accounts, other than petty expenses, shall be paid by means of cheque or electronic funds transfer.

Disbursements of monies for other than the ordinary purposes of the Branch shall be subject to the approval of the National Council or National Executive.

A loan, grant or donation of an amount exceeding $1,000 shall not be made by this Branch unless the Committee of Management of the Branch (a) has satisfied itself - (i) that the making of the loan, grant or donation would be in accordance with the other rules of the Branch; and (ii) in relation to a loan - that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and (b) has approved the making of the loan, grant or donation.

Reasons for all above changes:

  1. The WA Branch is the only remaining Branch (or organisation) that makes payments to the SDA National Office by cheque, requiring a special cheque run to be performed by the National Office. This change will allow the Branch to make payments to the National Office and other organisations by bank transfer.
  2. Currently, the Secretary and Assistant Secretary cannot, in combination, sign cheques or authorise payments. The usual arrangement is for the Secretary and President, the Secretary and Vice President, or the Secretary and Treasurer to be the signatories / authorities.  The Branch is increasingly seeking, or being required, to use electronic funds transfer. This requires the persons holding the offices of President, Vice-President and Treasurer to attend the Branch’s place of business during normal business hours to authorise payments.  As those offices are all honorary positions, it is often difficult to get the officers concerned to attend during business hours.  The proposed rule would allow the Secretary and the Assistant Secretary, who are based in the Branch’s place of business, to authorise payments.  In addition, it is sometimes necessary for the Branch to draw cheques at short notice.  Due to the difficulties outlined above with respect to having officers attend the Branch’s place of business during business hours, it is proposed to allow the Secretary and Assistant Secretary to be the cheque signatories where necessary.  As a final note, this proposed change mirrors the change successfully made to the rules of the SDA’s state Union in 2017.

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Testimonials

I call the union for handling problems if I ever have any in my workplace, they always respond in a fast and timely manner to help resolve them!  


Free advice, assistance when required, negotiators improving my working conditions, discount vouchers and competitions - why wouldnt you be a member??  


They are very informative and helpful. They keep you up to date with information which affects our work lives. They will support you with unfair dismissal or help you with any concern you have. Best o  


Joining the union is the next best thing to having a guardian angel by your side and you can count on that!!  



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