2023 WAIRC 00226
APPLICATION FOR DECLARATION PURSUANT TO S 71(2)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

CITATION : 2023 WAIRC 00226

CORAM
: COMMISSION IN COURT SESSION
CHIEF COMMISSIONER S J KENNER
SENIOR COMMISSIONER R COSENTINO
COMMISSIONER T KUCERA

HEARD
:
ON THE PAPERS

DELIVERED : FRIDAY, 21 APRIL 2023

FILE NO. : CICS 25 OF 2022

BETWEEN
:
AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION OF EMPLOYEES, WESTERN AUSTRALIA BRANCH
Applicant

AND

(NOT APPLICABLE)
Respondent

Catchwords : Industrial Law (WA) – Application pursuant to s 71 - Declaration sought - Qualifications of persons for memberships of a State branch of a federal organisation and offices that exist within the State organisation - Declaration issued
Legislation : Industrial Relations Act 1979 (WA) s 62, s 71, s 71(2), s 71(3), s 71(4)
Fair Work (Registered Organisations) Act 2009 (Cth)
Result : Declaration issued
REPRESENTATION:
Counsel:
APPLICANT : MS F STANTON OF COUNSEL AND WITH HER MR D STOJANOSKI OF COUNSEL
Solicitors:
APPLICANT : SLATER & GORDON LAWYERS

Case(s) referred to in reasons:
Jones v Civil Service Association Inc [2003] WASCA 321; (2003) 84 WAIG 4
THE AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION OF EMPLOYEES, WEST AUSTRALIAN BRANCH V (NOT APPLICABLE) [2023] WAIRC 00091; (2023) 103 WAIG 208
WESTERN AUSTRALIAN PRISON OFFICERS’ UNION OF WORKERS V (NOT APPLICABLE) [2014] WAIRC 00006; (2014) 94 WAIG 62

Reasons for Decision

1 The applicant seeks a declaration by the Commission in Court Session for the purpose of having a certificate issued to it under s 71 of the Industrial Relations Act 1979 (WA).
2 On 17 February 2023, the Western Australian Industrial Relations Commission authorised the registration of alterations to three of the applicant’s rules: The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch v (Not Applicable) 2023 WAIRC 00091; (2023) 103 WAIG 208. At [2] of the reasons for decision, the Commission set out the relevant background leading to the rule alterations. In short, the applicant’s rules were altered because of, and to ensure alignment with, alterations made to the Australian Rail, Tram and Bus Industry Union’s (ARTBIU) Western Australia Branch rules. The ARTBIU is a federally registered union. It’s rule amendments were made in accordance with the Fair Work (Registered Organisations) Act 2009 (Cth).
3 The Deputy Registrar certified the applicant’s rule alterations under s 62 of the Act on 7 February 2023, 28 February 2023 and 27 March 2023.
4 Before the ARTBIU amended its rules, a s 71 certificate had issued on the basis that the applicant’s former rules and those of the West Australian Branch of the ARTBIU (as it was then known) were substantially the same and that the branch was a counterpart federal body for the purpose of s 71.
5 The effect of being issued with a s 71 certificate is that the provisions of the Act relating to a union’s elections for office do not apply and instead the person holding office in the committee of management of the counterpart federal body holds the corresponding office in the union.
6 In the period since the federal counterpart body amended its rules, the previously issued s 71 certificate ceased to have effect because the applicant’s former and the ARTBIU WA Branch rules, were no longer the same in the necessary respect.
7 Now that the applicant’s rules have been altered to again align with the federal counterpart body, an application for the issue of a further s 71 certificate has been made.
8 On this application, the questions for the Commission are:
(a) whether the applicant’s rules and those of the ARTBIU, WA Branch relating to the qualifications of persons for membership are the same or can be deemed to be the same; and,
(b) whether the offices that exist in the ARTBIU, WA Branch are the same as the offices in the applicant?
9 We readily find the answers to both questions are ‘yes’.
Comparison of rules relating to qualifications for membership
10 The applicant’s rule concerning qualifications for membership is reproduced in Schedule 1 of these reasons for decision. Rule 4 of the ARTBIU WA Branch rules is also reproduced in Schedule 1.
11 Each respective rule relates to qualifications for persons for membership. In the opinion of the Commission in Court Session, each respective rule is substantially the same.
12 Accordingly, the rules of the applicant and the counterpart federal body are taken to be the same under s 71(2) of the Act.
Comparison of the offices that exist
13 Section 71(4) of the Act provides:
The rules of a State organisation and a counterpart federal body described in section 52A(2) are taken to be the same if —
(a) the rules prescribe the offices existing in the body; and
(b) for every office in the organisation there is a corresponding office in the body.
14 When determining whether the offices that exist in the counterpart federal body are the same as the applicant’s offices, it is necessary for the Commission in Court Session to consider functions and powers of each office based on a consideration of the similarity or otherwise of the content of the rules: Jones v Civil Service Association Inc [2003] WASCA 321; (2003) 84 WAIG 4 at [35] per Pullin J.
15 Where there is no difference between the functions and powers of the offices of both organisations, clearly the offices can be deemed to be the same: Western Australian Prison Officers’ Union of Workers v (Not applicable) [2014] WAIRC 00006; (2014) 94 WAIG 62.
16 As noted in the relevant background referred to in The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch v (Not Applicable) 2023 WAIRC 00091; (2023) 103 WAIG 208 at [2], prior to the alterations to the counterpart federal body rules, the ARTBIU had two Western Australian branches, being the PTA Branch and the West Australian Branch. The effect of the alterations which the ARTBIU made was to merge those two branches into a single branch known as the Western Australia Branch.
17 Schedule 1 to these reasons is a comparison of the respective rules of the applicant and the ARTBIU, WA Branch setting out the functions and powers of each office. The rules it compares are:
(a) the applicant’s rules 6-6A  The Executive, 7A  Structure and Organisation, 7B  Subbranches and 8  Union Offices; and
(b) the ARTBIU’s Part VI rules 42, 43 and 57(2) and Part XVII rules 177  Branch Structure and Organisation, 178  SubBranches, 180  Composition and Ordinary Meetings of Branch Council, 181  Composition and Ordinary Meetings of the Branch Executive, 182  Composition and Ordinary Meetings of the SubBranch Committees, 183  Branch Offices and 186(7)  Abolition of Offices.
18 Rule 6.8 of the applicant’s rules provides that from 1 January 2023, the Council shall have responsibility for the affairs of the Union and be the highest deliberative body in the union. This mirrors the ARTBIU WA Branch rule 42  Branch Council.
19 The ARTBIU WA Branch Council composition under rule 180 is identical the applicant’s Council under rule 6.9: Branch President, Branch VicePresidents, Branch Secretary and representatives of each section, and one Affirmative Action Councillor. The ARTBIU WA Branch Council and the applicant’s Council therefore have the same offices.
20 Under rule 6A, the Executive is the applicant’s committee of management. Rule 43(1) of the ARTBIU WA Branch rules also provides for the Branch Executive to be the branch committee of management.
21 The ARTBIU WA Branch Executive composition is identical to the composition of the applicant’s Executive, being the Branch President, Branch VicePresidents, Branch Secretary and Affirmative Action Councillor: ARTBIU WA Branch rule 181/applicant’s rule 6A.
22 The ARTBIU WA Branch structure and organisation under rule 177 is the same as for the applicant under rule 7A in that the branch is organised into sections, known as the Freight Section and the Passenger Section, and within those sections, subbranches.
23 The ARTBIU WA Branch rule 178 provides for subbranches for each section in the same way that rule 7B of the applicant’s rules does.
24 The ARTBIU WA Branch rules 182 and 57(2) provide for each SubBranch to have a SubBranch Committee, comprising a SubBranch President, SubBranch VicePresident, SubBranch Secretary and up to seven committee members. This is substantively the same as the provisions for the applicant’s subbranch committees: rule 7B.6.
25 Accordingly, it is apparent from the comparison set out in the table that for each office of the applicant there is a corresponding office in the ARTBIU WA Branch.
26 The comparison also shows that the duties of the President, Vice Presidents and Secretary of the ARTBIU WA Branch and the applicant are substantively the same.
27 There are no functions or powers prescribed for the Subbranch Secretaries in either the applicant’s rules or those of the ARTBIU WA Branch, other than the rules saying that the Subbranch Secretaries are members of the Council. However, by virtue of rule 6.8 of the applicant’s rules and rule 42 of the ARTBIU WA Branch’s rules, the Council is in both cases the highest deliberative body of the union or the branch respectively, with power to do all things in relation to the union or the branch which are within or incidental to its objects. Accordingly, the offices of each Council are each required, with other members of the Council, to carry out the powers and the functions of each Council. That is the case for the offices as they exist for the applicant and as they exist for the federal counterpart body. The offices are the same.
28 Similarly, there are no functions or powers prescribed for the Affirmative Action Councillor in the applicant’s rules or those of the ARTBIU WA Branch, other than the rules saying that the Affirmative Action Councillor is to be elected by the financial women members. Again, as members of the executive of both the applicant and the ARTBIU WA Branch, they are required along with other members of each executive, to carry out the powers and the functions of the relevant executive. The offices are the same.
29 It is therefore appropriate to make the declarations sought, that is:
(a) A declaration pursuant to s 71(2) and 71(3) of the Act that:
(i) The ARTBIU WA Branch is the counterpart federal body of the applicant.
(ii) The rules of the ARTBIU WA Branch relating to the qualifications of persons for membership are the same, or deemed to be the same as the qualifications of persons for membership in the applicant.
(b) A declaration pursuant to s 71(4) that the offices within the ARTBIU WA Branch are deemed to be the same as the offices of the applicant.

NOTE: Applicant name on cover page amended by corrigenda ([2023] WAIRC 00251)



Schedule 1
Rules Comparison

Applicant’s Rules
Counterpart Federal Body – ARTBIU, WA Branch Rules
3. Eligibility for Membership

3.1 Any person employed in the Public Transport Authority of Western Australia who is an employee within the meaning of the IRA may be admitted as a member.

3.2 No person shall be a member of the Union except in the capacity of an Honorary Member, who is not an employee within the meaning of the IRA.

3.3 Notwithstanding the above provision, a person who is admitted to membership of the Union pursuant to these provisions and who subsequently is elected as an Office Bearer of the Union or becomes an employee of the Union, shall be entitled to remain as a member while holding such office or engaged in such employment.

3.4 Provided that on and from 1 January 2023, the following shall also be eligible to become members of the Union:-

(i) permanent or casual employees, including persons training for employment, in the tramway services of Australia and motor omnibus services and trolley bus services and light rail services run in conjunction therewith or controlled thereby, and also employees of the Metropolitan (Perth) Passenger Transport Trust and any Commonwealth, State or Local Government, in tramway or motor omnibus or trolley bus or light rail services together with such other persons whether employed in the industry or not who at any time when training for employment or working in the tramway, trolley bus, motor omnibus or light rail services have been admitted as members and who continue that membership.

provided nothing in this paragraph (i) shall permit the Union to enrol as members persons employed in Perth as clerks, ticket examiners, depot starters, assistant depot starters or inspectors; and

(ii) an unlimited number of employees employed in or in connection with the Railway and Tramway industry or industries governed and controlled directly by the Governments of the Commonwealth of Australia and the State of Western Australia, or indirectly by such Governments, or any of them through Commissioners, Boards, Managers, Directors, or other means, and also all railway systems in the Commonwealth of Australia owned and controlled by private persons or companies, and the Secretary and/or any employee of the Railway Institute established by or under the direction or with the approval of the Commissioners, Boards, Managers, Directors or other controlling authorities of any of the railway systems in the Commonwealth of Australia; and

(iii) (a) an unlimited number of railway employees (adult or junior,
male or female) who become and remain members of the Union and persons who while being members of the Union retire from the railway industry upon the ground of ill health or having reached retiring age and whose membership has not been terminated pursuant to these Rules;

(b) for the purposes of sub-paragraph (ii)(a) above, “Employee" or "Railway Employee" means any officer or employee employed by any Railway Department and also any officer or employee employed in any railway system in the Commonwealth owned or controlled by private persons or corporations other than officers in a supervisory position employed at an annual rate of salary and shall include the Secretary or any employee of any Railway Institute established by or under the direction or with the approval of the Railway Commissioner or other controlling authority of any railway system in the Commonwealth and "Railway industry" has a corresponding meaning; and

(iv) an unlimited number of persons employed in the Railway Train Running Industry including Locomotive Drivers, Electric Train Drivers, Firemen, Electric Helpers, Chargemen 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 or Motor driven by electricity or other power used on any Railway;

provided that, except as provided in rules 3.6 and 11.3, a person shall only be eligible to remain as a member while he/she continues to meet one or other of the eligibility criteria specified in the foregoing paragraphs.

3.5 Each of the paragraphs numbered (i) to (iv) in rule 3.4 shall be interpreted separately. Accordingly, each paragraph shall neither limit nor be limited by the provisions of any other paragraph.

3.6 Notwithstanding the proviso to rule 3.4, a person who is admitted to membership pursuant to the provisions of rule 9 and who subsequently is elected as a paid Office Bearer of the Union or becomes an employee of the Union, shall be entitled to remain as a member while holding such Office or engaged in such employment.

4 – Eligibility for Membership

(1) The following shall be eligible to become members of the Union:-

(i) permanent or casual employees, including persons training for employment, in the tramway services of Australia and motor omnibus services and trolley bus services and light rail services run in conjunction therewith or controlled thereby, and also employees of the State Transit Authority of New South Wales, the Public Transport Corporation of Victoria, the State Transport Authority of South Australia, the Metropolitan Transport Trust Tasmania, the Brisbane City Council and the Metropolitan (Perth) Passenger Transport Trust and any Commonwealth, State or Local Government, in tramway or motor omnibus or trolley bus or light rail services together with such other persons whether employed in the industry or not who at any time when training for employment or working in the tramway, trolley bus, motor omnibus or light rail services have been admitted as members and who continue that membership.

Provided nothing in this paragraph (i) shall permit the Union to enrol as members persons employed in the States of Victoria, Queensland, Tasmania and Perth as clerks, ticket examiners, depot starters, assistant depot starters or inspectors; and

(ii) an unlimited number of employees employed in or in connection with the Railway and Tramway industry or industries governed and controlled directly by the Governments of the Commonwealth of Australia and the States of Queensland, New South Wales, Victoria, South Australia, Western Australia and Tasmania, or indirectly by such Governments, or any of them through Commissioners, Boards, Managers, Directors, or other means, and also all railway systems in the Commonwealth of Australia owned and controlled by private persons or companies, and the Secretary and/or any employee of the Railway Institute established by or under the direction or with the approval of the Commissioners, Boards, Managers, Directors or other controlling authorities of any of the railway systems in the Commonwealth of Australia; and

(iii) (a) an unlimited number of railway employees (adult or junior,
male or female) who become and remain members of the Union and persons who while being members of the Union retire from the railway industry upon the ground of ill health or having reached retiring age and whose membership has not been terminated pursuant to these Rules;

(b) for the purposes of sub-paragraph (iii)(a) above, "Employee" or "Railway Employee" means any officer or employee employed by any Railway Department and also any officer or employee employed in any railway system in the Commonwealth owned or controlled by private persons or corporations other than officers in a supervisory position employed at an annual rate of salary and shall include the Secretary or any employee of any Railway Institute established by or under the direction or with the approval of the Railway Commissioner or other controlling authority of any railway system in the Commonwealth and "Railway industry" has a corresponding meaning; and

(iv) an unlimited number of persons employed in the Railway Train Running Industry including Locomotive Drivers, Electric Train Drivers, Firemen, Electric Helpers, Chargemen 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 or Motor driven by electricity or other power used on any Railway;

provided that, except as provided in Sub-Rules 4(3), 12(3) and 12(4), a person shall only be eligible to remain as a member while he/she continues to meet one or other of the eligibility criteria specified in the foregoing paragraphs.

(2) Each of the paragraphs numbered (i) to (iv) in Sub-Rule 4(1) shall be interpreted separately. Accordingly, each paragraph shall neither limit nor be limited by the provisions of any other paragraph.

(3) Notwithstanding the proviso to Sub-Rule 4(1), a person who is admitted to membership pursuant to the provisions of Rule 10 and who subsequently is elected as a paid Office Bearer of the Union or becomes an employee of the Union, shall be entitled to remain as a member while holding such Office or engaged in such employment.

(4) Without in any way limiting or being limited by the provisions of sub rules (1), (2) and (3) inclusive, the following persons shall be eligible for membership of the Union:

…
6. The Executive

…

6.8 Provided that on and from 1 January 2023, the Union shall be governed by the Council which shall have responsibility for the affairs of the Union including to but not limited to the industrial affairs of the members of the Union. The Council shall be the highest deliberative body in the Union.

6.9 The Council shall consist of the President, Vice-President (Freight) who shall be elected by the financial members of the Freight Section, Vice-President (Passenger) who shall be elected by the financial members of the Passenger Section, Secretary, the Sub-Branch Secretaries and one (1) Affirmative Action Councillor who shall be elected by the financial women members of the Union.

6.10 Each of the members of Council shall be entitled to exercise one vote at Council.

6.11 A resolution of Council shall be carried where a numerical majority of Councillors present and voting, vote in favour.

6.12 The Council shall meet in ordinary session every two years at such time and place as the Council or, in the absence of a decision by the Council, the President, the Vice Presidents and the Secretary jointly, shall determine.
PART VI – BRANCH GOVERNING BODIES AND OFFICE BEARERS

42 – Branch Council

(1) The Branch Council shall be the highest deliberative body in the Branch. Subject to these Rules and any policies or decisions of the National Council or the National Executive, the Branch Council shall have power to do all things in relation to the Branch which are within the objects of the Union or incidental thereto including, without limiting the generality of the foregoing,:-
…

PART VII- WESTERN AUSTRALIA BRANCH

180 – Composition and Ordinary Meetings of Branch Council

(1) The Branch Council shall consist of the Branch President, Branch Vice-President (Freight) who shall be elected by the financial members of the Freight Section, Branch Vice-President (Passenger) who shall be elected by the financial members of the Passenger Section, Branch Secretary, the Sub-Branch Secretaries and one (1) Affirmative Action Councillor who shall be elected by the financial women members of the Branch.

(2) Each of the members of Branch Council shall be entitled to exercise one vote at Branch Council.

(3) A resolution of Branch Council shall be carried where a numerical majority of Branch Councillors present and voting, vote in favour.

(4) The Branch Council shall meet in ordinary session every two years at such time and place as the Branch Council or, in the absence of a decision by the Branch Council, the Branch President, the Branch Vice Presidents and the Branch Secretary jointly, shall determine.

6A. The Executive

6A. 1 On and from 1 January 2023, there shall be an Executive.

6A.2 The Executive shall comprise the President, the Vice-Presidents, the Secretary and the Affirmative Action Councillor.

6A.3 The Executive shall be the Committee of Management of the Union. Subject to these Rules, to the policies and decisions of the Council and to the review of its decisions by the Council, it shall have the care, control, management and superintendence of the activities of the Union and between meetings of the Council, it may exercise all or any of the powers and functions of the Council other than the power to make, alter or rescind these Rules but it shall not act contrary to any policy or decision of the Council and shall not rescind, alter, vary or revoke any policy or decision of the Council. All decisions within the powers of the Executive shall have full force and effect unless and until disallowed by the Council.

6A.4 …

PART VI – BRANCH GOVERNING BODIES AND OFFICE BEARERS

43 - Branch Executive

(1) The Branch Executive shall be the Committee of Management of the Branch. Subject to these Rules, to the policies and decisions of the National Council, the National Executive and the Branch Council and to the review of its decisions by the Branch Council, it shall have the care, control, management and superintendence of the activities of the Branch and between meetings of the Branch Council, it may exercise all or any of the powers and functions of the Branch Council other than the power to make, alter or rescind Parts X to XVI of these Rules but it shall not act contrary to any policy or decision of the Council and shall not rescind, alter, vary or revoke any policy or decision of the Branch Council. All decisions within the powers of a Branch Executive shall have full force and effect unless and until disallowed by the Branch Council.

(2) The composition of a Branch Executive shall be as specified in Parts X to XVI of these Rules.

(3) …

PART XVII – WESTERN AUSTRALIA BRANCH

181 - Composition and Ordinary Meetings of the Branch Executive

(1) The Branch Executive shall comprise the Branch President, Branch Vice-Presidents, the Branch Secretary and the Affirmative Action Councillor.

(2) …

7A. Structure and Organisation

On and from 1 January 2023, the Union shall be organised into two (2) Sections, namely the Freight Section and the Passenger Section, and within those Sections, Sub-Branches.

177 – Branch Structure and Organisation

The Branch shall be organised into two (2) Sections, namely the Freight Section and the Passenger Section, and within those Sections, Sub-Branches.
7B. Sub-Branches

On and from 1 January 2023, the Sections shall be organised into Sub-Branches as follows:

7B.1 The Freight Section:
a. Goldfields Sub-Branch
b. Metro Sub-Branch
c. Mid-West Sub-Branch
d. South-West Sub-Branch
e. Wheatbelt Sub-Branch
f. Metropolitan Sub-Branch
g. Regional Sub-Branch
h. Freight Infrastructure Sub-Branch

7B.2 The Passenger Section:
a. Customer Relations Sub-Branch
b. Urban Rail Sub-Branch
c. Security Sub-Branch
d. State Network and Infrastructure Sub-Branch
e. Federal Network and Infrastructure Sub-Branch
f. Miscellaneous Sub-Branch
g. Trans WA Sub-Branch

7B.3 Each member shall be allocated to that Sub-Branch which most closely accords with his/her work functions. The principles of allocation shall be determined by the Council and the allocation shall be undertaken by the Secretary in accordance therewith.

7B.4 The Council or the Executive shall have the power to establish new Sub-Branches on a geographic, regional or employer basis.

7B.5 The Council or the Executive shall have the power to dissolve any Sub-Branch where:
a. There are insufficient Sub-Branch Committee Members to achieve a quorum; or
b. The Sub-Branch has resolved that it should be dissolved.

7B.6 A Sub-Branch shall have a Sub-Branch Committee elected by the financial members within the Sub-Branch and comprising a Sub-Branch President, a Sub-Branch Vice-President, a Sub-Branch Secretary and up to seven Committee members. The Committee may meet up to six times per year.

7B.7 A candidate for a position of Sub-Branch President, Sub-Branch Vice-President, Sub-Branch Secretary or Committee member must be a financial member of the Union and a member of the Sub-Branch on the date on which nominations open.
178 – Sub-Branches

The Sections shall be organised into Sub-Branches as follows:

(1) The Freight Section:
a. Goldfields Sub-Branch
b. Metro Sub-Branch
c. Mid-West Sub-Branch
d. South-West Sub-Branch
e. Wheatbelt Sub-Branch
f. Metropolitan Sub-Branch
g. Regional Sub-Branch
h. Freight Infrastructure Sub-Branch

(2) The Passenger Section:
a. Customer Relations Sub-Branch
b. Urban Rail Sub-Branch
c. Security Sub-Branch
d. State Network and Infrastructure Sub-Branch
e. Federal Network and Infrastructure Sub-Branch
f. Miscellaneous Sub-Branch
g. Trans WA Sub-Branch

(3) Each member shall be allocated to that Sub-Branch which most closely accords with his/her work functions. The principles of allocation shall be determined by the Branch Council and the allocation shall be undertaken by the Branch Secretary in accordance therewith.

(4) The Branch Council or the Branch Executive shall have the power to establish new Sub-Branches on a geographic, regional or employer basis.

(5) The Branch Council or the Branch Executive shall have the power to dissolve any Sub-Branch where:
a. There are insufficient Sub-Branch Committee Members to achieve a quorum; or
b. The Sub-Branch has resolved that it should be dissolved.

182 – Composition and Ordinary Meeting of the Sub-Branch Committees

Each Sub-Branch shall have a Sub-Branch Committee as provided for in Rule 57(2).

PART VI – BRANCH GOVERNING BODIES AND OFFICE BEARERS

57- Sub-Branches

(1)

(2) A Sub-Branch shall have a Sub-Branch Committee elected by the financial members within the Sub-Branch and comprising a Sub-Branch President, a Sub-Branch Vice President, a Sub-Branch Secretary and up to seven Committee members. The Committee may meet up to six times per year.

8. Union Offices

8.1. The Offices are:
8.1.1 The President;
8.1.2 The Vice-President;
8.1.3 The Secretary; and
8.1.4 Sub rule deleted (Application 56/2013, 13 December 2013)
8.1.5 All other Executive members.

8.2 The Office of Secretary shall be a paid position.
8.1
8.3 Other Offices shall be honorary positions.

8.4 Provided that on and from 1 January 2023, the Union Offices shall be:-
• President
• Vice-President (Freight)
• Vice-President (Passenger)
• Secretary
• Sub-Branch Secretaries
• Affirmative Action Councillor

8.5 The Office of Secretary shall be a paid position.

8.6 All other Union Offices shall be honorary positions.

183 – Branch Offices

(1) The Branch Offices are:-
• Branch President
• Branch Vice-President (Freight)
• Branch Vice-President (Passenger)
• Branch Secretary
• Sub-Branch Secretaries
• Affirmative Action Councillor

(2) The Office of Branch Secretary shall be a paid position.

(3) All other Branch Offices shall be honorary positions.
15. Duties of the President

15.1 In addition to any duties specified elsewhere in the Rules, the President shall:
15.1.1 Preside at all meetings of the Executive and all general meetings of members;
15.1.2 Preserve order and decorum at such meetings and shall confirm the minutes thereof; and
15.1.3 Ensure that the Rules and the policies of the Union are adhered to.

15.2 The President may, when called upon to do so, interpret these Rules but such interpretation shall be subject to review by the Executive.

15.3 At all meetings of the Union, at which he/she presides, the President shall have a deliberative vote only.

15.4 Provided that on and from 1 January 2023, in addition to any duties specified elsewhere in these Rules, the President shall preside at all meetings of the Council and the Executive. He/she shall preserve order and decorum at such meetings and shall confirm the minutes thereof. He/she shall ensure that the Rules of the Union are adhered to.

15.5 The President is empowered to give an interpretation to these Rules or to determine any dispute involving the application or requirements of such Rules and his/her decision in such manner shall be final and conclusive unless over-ruled by the Council. All rulings made by the President shall be circulated in writing to members of the Council as soon as practicable following the ruling. Further, the Secretary shall maintain a record of all rulings by the President.

15.6 At all meetings of the Union, at which he/she presides, the President shall have a deliberative but not a casting vote.

15.7 The President shall be an ex officio member of all Union Governing Bodies and Committees.

52 – Duties of Branch President

(1) In addition to any duties specified elsewhere in these Rules, a Branch President shall preside at all meetings of the Branch Council and the Branch Executive. He/she shall preserve order and decorum at such meetings and shall confirm the minutes thereof. He/she shall ensure that the Rules of the Union and the Branch are adhered to.

(2) A Branch President is empowered to give an interpretation in relation to that Part of Parts X to XVI of these Rules which has application to his/her Branch or to determine any dispute involving the application or requirements of such Part and his/her decision in such manner shall be final and conclusive unless over-ruled by the Branch Council or the National Council. All rulings made by the Branch President shall be circulated in writing to members of the Branch Council as soon as practicable following the ruling. Further, the Branch Secretary shall maintain a record of all rulings by the Branch President.

(3) At all meetings of the Branch, at which he/she presides, the Branch President shall have a deliberative but not a casting vote.

(4) A Branch President shall be an ex officio member of all Branch Governing Bodies and Committees.
16. Duties of the Vice President

16.1 In addition to any duties specified elsewhere in the Rules, the Vice President shall assist the President in the conduct of the President’s formal duties.

16.2 In the absence of the President, the Vice President shall deputise for the President.

16.3 Provided that on and from 1 January 2023, in addition to any duties specified elsewhere in the Rules, the Vice-Presidents shall assist the President in the conduct of his/her formal duties and in the absence of the President, a Vice-President shall deputise for his/her as determined by the Council.

53 – Duties of Branch Vice-President

In addition to any duties specified elsewhere in these Rules, a Branch Vice-President shall assist the Branch President in the conduct of his/her formal duties and in the absence of the Branch President, the Branch Vice-President or where there is more than one Branch Vice-President, the Senior Branch Vice-President, shall deputise for him/her and in the absence of both of them, the Junior Branch Vice-President shall so deputise for the Branch President. Where a Branch has more than one Junior Vice-President, the Junior Branch Vice-President who is to so deputise, shall be determined by the Branch Executive.
17. Duties of the Secretary

17.1 The Secretary shall be the principal officer of the Union.

17.2 Between meetings of the Executive, the Secretary shall, subject to the Rules and the policies and decisions of the Executive, have primary responsibility for the conduct and management of the affairs of the Union and do all things necessary to be done by or on behalf of the Union.

17.3 …

17.4 Provided that on and from 1 January 2023, the Secretary shall be the Principal Officer and Treasurer of the Union. Between meetings of the Council and the Executive, he/she shall, subject to these Rules and to the policies and decisions of the Council and the Executive, have primary responsibility for the conduct and management of the affairs of the Union and do all things necessary to be done by or on behalf of the Union. Without limiting the generality of the foregoing, he/she shall:-

a) discharge all duties assigned to him/her by these Rules, the Council or the Executive;

b) summon and attend all meetings of the Council and the Executive;

c) consult with the President and on any urgent matters which require a decision between meetings of the Executive;

d) attend to all Union correspondence;

e) authorise and release press statements and provide media comment on behalf of the Union;

f) be responsible for the safe custody of the Union Seal (if any), and Union documents, securities and accumulated funds;

g) prepare, keep and/or file or cause to be prepared, kept and/or filed, all Union documents and records required under the provisions of the IRA or any other relevant legislation;

h) receive all monies belonging to the Union Fund and deposit same in a Bank on behalf of the Union as soon as practicable;

i) disburse all Union funds in accordance with the Rules;

j) ensure that Union financial records are maintained and that annual accounts are prepared and audited;

k) monitor the accounts and other affairs of the Sub-Branches and for this purpose to have access, whenever requested, to relevant documents and financial records;

l) prepare or cause to be prepared, all necessary documents for the Council and the Executive including the minutes of meetings;

m) prepare or cause to be prepared, regular financial statements for the Council and the Executive;

n) prepare or cause to be prepared a statement showing Union membership by category and financial status as at December 31 of each year and a statement of Union income and expenditure and a balance sheet as at December 31 of each year.

o) maintain Registers of Members of the Union and Union Office Bearers.

p) co-ordinate the activities of Sub-Branches;

q) control and supervise the Union Office and its staff including the appointment and termination of such staff;

r) initiate legal, industrial or other proceedings on behalf of the Union before any Court, Commission, Board or Tribunal;

s) be an ex-officio member of all Union Governing Bodies and Committees;

t) be responsible to the Council and the Executive to the proper performance of his/her duties.

54 - Duties of Branch Secretary

The Branch Secretary shall be the Principal Officer and Treasurer of the Branch.

Between meetings of the Branch Council and the Branch Executive, he/she shall, subject to these Rules and to the policies and decisions of the National Council, the National Executive, the Branch Council and the Branch Executive, have primary responsibility for the conduct and management of the affairs of the Branch and do all things necessary to be done by or on behalf of the Branch.

Without limiting the generality of the foregoing, he/she shall:-

(i) discharge all duties assigned to him/her by these Rules, the Branch Council or the Branch Executive;

(ii) summon and attend all meetings of the Branch Council and the Branch Executive;

(iii) attend all meetings of the National Council and the National Executive;

(iv) consult with the Branch President and the Assistant Branch Secretary (where such Office exists) and relevant Branch Divisional Secretaries on any urgent matters which require a decision between meetings of the Branch Executive;

(v) attend to all Branch correspondence;

(vi) authorise and release press statements and provide media comment on behalf of the Branch;

(vii) be responsible for the safe custody of the Branch Seal (if any), and Branch documents, securities and accumulated funds;

(viii) prepare, keep and/or file or cause to be prepared, kept and/or filed, all Branch documents and records required under the provisions of the RO Act and the RO Regulations or any other relevant legislation;

(ix) receive all monies belonging to the Branch Fund and deposit same in a Bank on behalf of the Branch as soon as practicable;

(x) disburse all Branch funds in accordance with the Rules;

(xi) ensure that Branch financial records are maintained and that annual accounts are prepared and audited;

(xii) monitor the accounts and other affairs of the Branch Divisions, Sub-Divisions and Sub-Branches and for this purpose to have access, whenever requested, to relevant documents and financial records;

(xiii) prepare or cause to be prepared, all necessary documents for the Branch Council and the Branch Executive including the minutes of meetings;

(xiv) prepare or cause to be prepared, regular financial statements for the Branch Council and the Branch Executive;

(xv) prepare or cause to be prepared a statement showing Branch membership by category and financial status as at December 31 of each year and a statement of Branch income and expenditure and a balance sheet as at December 31 of each year and forward such statements to the National Secretary no later than March 31 of each year.

(xvi) maintain Registers of Members of the Branch and Branch Office Bearers.

(xvii) co-ordinate the activities of Branch Divisions;

(xviii) control and supervise the Branch Office and its staff including the appointment and termination of such staff;

(xix) initiate legal, industrial or other proceedings on behalf of the Branch before any Court, Commission, Board or Tribunal;

(xx) be an ex-officio member of all Branch Governing Bodies and Committees;

(xxi) be responsible to the Branch Council and the Branch Executive to the proper performance of his/her duties;