2025 WAIRC 00074
APPLICATION FOR A DECLARATION AND CERTIFICATE PURSUANT TO SECTION 71 IN ACCORDANCE WITH SECTION 52A(2)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

COMMISSION IN COURT SESSION

CITATION : 2025 WAIRC 00074

CORAM
: CHIEF COMMISSIONER S J KENNER
COMMISSIONER T EMMANUEL
COMMISSIONER T B WALKINGTON

HEARD
:
FRIDAY, 22 NOVEMBER 2024

DELIVERED : WEDNESDAY, 12 FEBRUARY 2025

FILE NO. : CICS 5 OF 2024

BETWEEN
:
UNITED PROFESSIONAL FIREFIGHTERS UNION OF WESTERN AUSTRALIA
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 : Fair Work (Registered Organisations) Act 2009 (Cth)
Fair Work Regulations 2009 (Cth)
Fair Work (Registered Organisations) Regulations 2009 (Cth)
Industrial Relations Act 1979 (WA)
Industrial Relations Act 1988 (Cth)
Industrial Relations Commission Regulations 2005 (WA)
Industrial Relations Regulations 1989 (Cth)
Result : Declaration issued
REPRESENTATION:
APPLICANT : MR T NOLAN AND WITH HIM MR J MARSH

Case(s) referred to in reasons:
JONES V CIVIL SERVICE ASSOCIATION INC [2003] WASCA 321; (2003) 84 WAIG 4
WESTERN AUSTRALIAN POLICE UNION OF WORKERS [2018] WAIRC 00725; (2018) 98 WAIG 1111
WESTERN AUSTRALIAN PRISON OFFICERS’ UNION OF WORKERS [2014] WAIRC 00006; (2014) 94 WAIG 62
Reasons for Decision
THE COMMISSION IN COURT SESSION:
The application
1 The applicant is a registered organisation under Division 4 of Part II of the Industrial Relations Act 1979 (WA). The applicant has a counterpart federal body, the United Firefighters Union of Australia, West Australian Branch, which body is registered under Part II of the Fair Work (Registered Organisations) Act 2009 (Cth). In December 1993, the applicant was issued with a certificate under s 71(5) of the Act.
2 In June 2018, the applicant altered its rules in relation to its name and following this, made an application to the Full Bench of the Commission in August 2018, for the issuance of a fresh s 71 certificate. In those proceedings, the Full Bench raised some concerns as to whether, for the purposes of s 71(4) of the Act, the office of the Assistant Secretary in the applicant, and the office of Branch Assistant Secretary, in the federal Branch, could be considered ‘corresponding offices’. The proceedings before the Full Bench in that matter were adjourned, to enable the applicant to consider its position.
3 Subsequently, proceedings were commenced under s 66 of the Act, for the making of orders to appoint an interim committee of management for the applicant, in order that it may conduct the business of the applicant whilst any necessary changes were progressed to the applicant’s Rules. An order under s 66 of the Act was made, which had effect until 30 June 2021. A further order under s 66 of the Act was made, in similar terms to that made in June 2018 and in March 2024. That order was operative until 30 June and was subsequently extended to operate until 31 December 2024. It was further extended to 30 March 2025.
4 As a result of issues raised by the Registrar, the applicant amended its Rules in May 2024, to align the Rules of the applicant and the federal Branch, in relation to the office of Assistant Secretary. On 9 August 2024, the Registrar certified the alteration to the applicant’s Rules under s 62(1) of the Act.
5 Given the passage of time involved in these matters, the applicant has commenced these proceedings seeking declarations under ss 71(2) and (4) of the Act, that the Rules of the applicant and the federal Branch, in relation to qualifications of persons for membership and offices, are deemed to be the same. A fresh s 71(5) certificate is sought from the Registrar.
6 In support of its application, the applicant filed and relied upon, an outline of written submissions and a statutory declaration made by Mr Marsh, the Secretary of the applicant.
Statutory provisions
7 For the purposes of determining the present application, ss 52A(1) and (2) and ss 71(2) and 71(4) of the Act are relevant and they are in the following terms:
52A. Counterpart federal body
(1) In this section —
rules, of a branch of a federal organisation, means —
(a) rules relating to the qualifications of persons for membership; and
(b) rules prescribing the offices that exist within the branch.
(2) A Western Australian branch of a federal organisation is a counterpart federal body in relation to a State organisation if the rules of the branch are, or in accordance with section 71(2) or (4) are taken to be, the same as the rules of the State organisation relating to the corresponding subject matter.
…
71. Rules of State and federal organisations as to membership and offices
[(1) deleted]
(2) The rules of a State organisation and a counterpart federal body described in section 52A(2) are taken to be the same if the rules of the organisation and the body —
(a) relate to the qualifications of persons for membership; and
(b) are, in the opinion of the Commission in Court Session, substantially the same.
…
(4) 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.
…
8 In order to determine whether the federal Branch of the applicant is a counterpart federal body for the purposes of s 52A of the Act, consideration needs to be given to both the eligibility for membership rule and the rules relating to the offices of the respective organisations. We will first turn to the eligibility for membership rule.
9 For the purposes of the statutory requirement and the necessity that the Rules of the applicant and its federal Branch that relate to the qualifications of persons for membership under s 71(2) of the Act be ‘substantially the same’, ‘substantial’ has been held to mean ‘real or of substance as distinct from ephemeral or nominal’ or ‘considerable’ or ‘in the main or essentially’: Western Australian Police Union of Workers [2018] WAIRC 00725; (2018) 98 WAIG 1111 citing Re an application by the Civil Service Association (1993) 73 WAIG 2931 at 2932 and Re Bonny [1986] 2 Qld R 80 at 82.
10 The Rules of the applicant in relation to eligibility for membership at rule (5)(b)(1) to (4) are virtually identical to the corresponding r (6)(b)(1) to (4) of the federal Branch Rules. There are some minor differences. For example, in the federal Branch Rules at r 6(b)(i) and (ii), persons employed in the Australian Public Service or an institution or authority of the Australian Government or of the Australian Capital Territory are eligible for membership. However, persons employed in the Australian Public Service or the service of any institution or authority of the Australian Government are expressly excluded from membership of the applicant. In other respects, the Rules of the applicant and the federal Branch regarding eligibility for membership are the same.
11 There are exclusions from membership in both sets of Rules. These are provided in r 5(e) and 6(e) of the applicant’s and federal Branch Rules respectively. There are some minor differences in relation to these exclusions. The effect of them is that there may be some persons eligible for membership of the federal Branch who are not eligible to be members of the applicant. However, from a consideration of the eligibility rules of the applicant and the federal Branch, it is clear that persons eligible to be members of the former would be eligible to be members of the latter. It does not matter whether some persons who are eligible to be members of the federal Branch, may not be eligible to be members of the applicant. Section 71(3) of the Act makes this plain: Western Australian Police Union of Workers at [14].
12 We are therefore satisfied that the Rules of the applicant and the federal Branch in relation to the qualifications of persons for membership are substantially the same. Accordingly, the requirement in s 71(2) of the Act is satisfied in this case. We now turn to consider the offices in the applicant and the federal Branch.
Offices
13 It is well settled that in considering whether for each office in a State organisation there exists a corresponding office in a federal Branch for the purposes of s 71(4) of the Act, it is necessary to focus on the functions and powers of the respective offices and the similarity or otherwise of the content of the respective rules: Jones v Civil Service Association Inc [2003] WASCA 321; (2003) 84 WAIG 4 per Pullin J at [35]. As was submitted by the applicant, there must be a sufficient degree of similarity between the respective offices in terms of powers and duties, such that one person occupying the same office in both the State organisation and the federal Branch, cannot give rise to conflicting outcomes. In circumstances where there is a conflict in functions and powers of an office of a State organisation and the corresponding office of a federal Branch, it cannot be concluded that the rules in relation to offices can be deemed to be the same: Western Australian Prison Officers’ Union of Workers [2014] WAIRC 00006; (2014) 94 WAIG 62 at [48]-[49].
Submissions as to offices
14 For the purposes of comparing the functions and powers of each office of the Rules of the applicant and the federal Branch, Schedule A to these reasons contains a table where the respective offices are compared. The applicant made the following written submissions in relation to the comparison between the respective offices of the applicant and the federal Branch.
Secretary and Branch Secretary
15 It was submitted that the functions and duties of the offices of Secretary and Branch Secretary, as set out in r 20 of the applicant’s rules and r 64 of the federal Branch rules, are substantially similar. It was acknowledged that there are some differences between the respective Rules, but the submission was made that such differences would not give rise to any conflict in the exercise of the powers in the respective rules and the differences are relatively minor. Furthermore, the submission was made that the differences in the main, relate to the requirement for the Branch Secretary of the federal Branch to interact with the national union or other Branches and examples cited were rr 64(1)(j), (w), (x), (ii), (jj) and (kk). Otherwise, it was contended that they are generally in line with the duties and powers of the Secretary of the applicant.
16 It was noted by the applicant that a number of provisions of the federal Branch Rules regarding the powers and duties of the Branch Secretary reflect the specific functions and regulatory requirements as specified in the federal legislation applicable to the Branch in the FW (RO) Act. These are not reflected in the applicant’s Rules. However, it was contended that the Full Bench of the Commission has held that such differences do not give rise to any potential conflicts, because the additional powers are only exercisable in respect of the federal Branch in respect of statutory obligations: Western Australian Prison Officers’ Union of Workers at [26]. The applicant contended that the same situation arises in this matter.
17 The applicant noted that the federal Branch Rules in r 64(1)(h)(iii) provide for an additional subrule specifying that general administration costs or incidental costs may be paid by the Branch Secretary without prior Committee approval, provided the amounts are less than those set out in r 64(1)(h)(i) and (ii). However, it was submitted that this is to be implied into the powers of the Secretary of the applicant under r 20(8), which empowers the Secretary to pay monies from the union fund except those above the specified amounts which require the authority of the Committee of Management.
18 It was submitted that the reference in r 64(1)(gg) in the federal Branch Rules providing for the Branch Secretary to sue in the name of the Branch contains an error. The reference is currently to ‘Section 290 of the Act’ with the ‘Act’ referred to in r 2 as the Industrial Relations Act 1988 (Cth). This has not been updated to the equivalent provision in s 177 of the FW (RO) Act. We note however, that the subrule also specifies ‘or any substantially corresponding provision’ which in our view, would extend s 177 of the FW (RO) Act to this provision. Section 177 of the FW (RO) Act enables a member to be sued for any fine, fee, levy or dues payable to the federal Branch. A corresponding power exists in r 7(4) of the applicant’s Rules. Whilst this does not specify that the Secretary may exercise this power, given the role of the Secretary, it is plainly a power capable of being exercised and no conflict would exist.
19 Similar to the above, the applicant referred to r 64(1)(hh), allowing the Branch Secretary to take any steps under ‘Regulation 136 of the Regulations or any substantially corresponding regulation’. Whilst r 2 of the federal Branch Rules refers to ‘the Regulations’ as the Fair Work Regulations 2009 (Cth), there is no corresponding reg 136. It was submitted that this is a further absence of updating and the reference to reg 136 was a reference to the Industrial Relations Regulations 1989 (Cth).
20 Regulation 12 of the Fair Work (Registered Organisations) Regulations 2009 (Cth), the applicant submitted, was intended to have application in this circumstance and refers to the authority of officers of organisations to make, sign and lodge documents on behalf of the organisation. We note however that as with r 64(1)(gg), r 64(1)(hh) of the federal Branch Rules, when referring to ‘the Regulations’ this also contains a reference to ‘or any substantially corresponding Regulation’. In our view, this would be sufficient to capture the relevant parts of the FW Regulations. This power is the same as the power possessed by the Secretary in r 20(1), to the extent that the Secretary may exercise the power and perform any duties given to the General Meeting of the applicant in accordance with r 13(2)(k), which enables the Secretary to do or cause to be done anything authorised or required by the Act and the Industrial Relations Commission Regulations 2005 (WA).
21 Finally, the applicant drew the Commission in Court Session’s attention to the fact that r 20(11)(b) of the applicant’s Rules, dealing with the obligation on the Secretary to produce books or documents to a financial member within 48 hours of the request, is not reproduced in the federal Branch Rules. In both the applicant’s and the federal Branch Rules, the Secretary is the general custodian of the union records and documents. Furthermore, under the federal Branch Rules, the Branch Secretary is obliged to produce any record or document to any person named in a direction issued by the Branch Committee of Management. In our view, and given the general obligations on the Secretary and Branch Secretary respectively, to be the general custodian of the records and documents of the respective organisations, no conflict arises in the circumstances.
President and Branch President
22 As to these offices, the applicant contended that the powers and duties of both offices as set out in the applicant’s rules 18(1) to (4) and the federal Branch rules in r 62(1) to (3) and (5), are the same. The rules cover the responsibilities of the President and Branch President in attending and chairing meetings, and to exercise the powers of the Secretary to summons meetings in particular circumstances.
23 The additional power of the Branch President in r 62(4), is the same as that applicable to the position of Secretary, dealt with above. The applicant submitted that this enables the Branch President to make, sign or lodge documents. On the basis that the President of the applicant is a part of the applicant’s Executive, the President may exercise all of the powers and duties of General Meetings of the applicant, including acting as the ‘governing, controlling, managing and policy-making body of the Union’. We note that this also includes doing or causing to be done anything authorised or required by the Act and the Regulations. The applicant submitted that there is therefore no possibility of a conflict in relation to the additional rule in the federal Branch Rules.
24 The further additional rule applicable to the federal Branch, that being r 62(6), only applies to the Aviation Branch and is not relevant.
Vice Presidents and Branch Vice Presidents
25 As to these offices, dealt with in r 19 and r 63 of the applicant and the federal Branch respectively, the applicant submitted that the powers and duties are the same in relation to attending meetings and assuming the role of chairperson in the absence of the President. It was submitted also that both sets of Rules specify that one Vice President is to be the ‘senior’ Vice President and the other to be the ‘junior’ Vice President.
Assistant Secretary and Branch Assistant Secretary
26 It was submitted that the powers and duties of these offices, in each of the applicant and the federal Branch are identical, as set out in r 21 of the applicant’s rules and Schedule 5(7) of the Rules of the federal Branch.
Trustees and Branch Trustees
27 As to these offices, the applicant submitted that the powers and duties are as set out in r 22 of the applicant’s Rules and r 65 of the federal Branch Rules are identical, except for an additional r 65(5) of the federal Branch Rules. As to this, which deals with the revesting of all funds, assets and records of the federal Branch in the union, following a period of being unregistered, the applicant submitted that this state of affairs is contemplated by the corresponding r 22 of the applicant’s Rules. The effect of r 22(4) on the applicant’s submission, is that the vesting of funds, property and/or records of the union in the trustees, is only intended to be temporary. Revesting of the same in the union on re-registration, is consistent generally with trustee obligations and the fiduciary duty of the trustees to act in the best interests of the applicant. Furthermore, both the applicant and the federal Branch Rules specify that trustees are to be designated as a Firefighter Trustee, an Officer Trustee and a General Trustee.
Other matters
28 The applicant made further submissions in relation to the powers of the Executive and Branch Executive, Committee members and Branch Committee members of the applicant and the federal Branch respectively. Whilst helpful, they are not necessary for the purposes of the Commission’s determination as to whether the offices of both organisations are, under their respective Rules, sufficiently similar in terms of the powers and duties exercised by the occupants.
Conclusions
29 We have had regard to the submissions of the applicant, and the evidence from Mr Marsh, along with the comparison of the rules of both the applicant and the federal Branch, in Schedule A. We are satisfied that the relevant offices of the applicant and the corresponding offices in the federal Branch are sufficiently similar, in terms of the powers and duties exercisable by those offices, to be satisfied for the purposes of s 71(4) of the Act, that for each office in the applicant there exists a corresponding office in the federal Branch.
30 Minutes of proposed declarations now issue.

Schedule A
UPFUWA
UFUA WEST AUSTRALIAN BRANCH
Office Holder Duties
President
Rule 18
(1) The President shall wherever practicable attend at general meetings and special general meetings. The President shall act as Chairperson at all general meetings and special general meetings at which he or she is present. If the President (or Acting President) is absent from a general meeting or special general meeting and no Vice President of the Union is present the meeting shall appoint one of its Members to act as Chairperson of the meeting.

(2) The President shall wherever practicable attend at meetings of the Committee of Management. The President shall act as Chairperson at all meetings of the Committee of Management at which he or she is present. If the President (or Acting President) is absent from the meeting and no Vice President is present the Committee of Management shall appoint one of its Members to act as Chairperson of the meeting.

(3) The President may choose to act as Chairperson of any other meeting within the Union at which he or she is present.









(4) If the Secretary dies or is absent from Australia or unable or unwilling to summon any meeting which the Secretary could summon under these Rules and no Acting Secretary has been appointed the meeting may be summoned by the President.
Rule 62
(1) The Branch President shall wherever practicable attend at Branch meetings. The Branch President shall act as Chairperson at all Branch meetings at which such Branch President is present. If the Branch President (or Acting Branch President) is absent from a Branch meeting an no Vice-President of the Branch is present the Branch meeting shall appoint one of its members to act as Chairperson of the Branch meeting.

(2) The Branch President shall wherever practicable attend at meetings of the Branch Committee of Management The Branch President shall act as Chairperson at all meetings of the Branch Committee of Management at which such Branch President is present If the Branch President (or acting Branch President) is absent from the meeting and no Vice-President of the Branch is present the Branch Committee of Management shall appoint one of its members to act as Chairperson of the meeting.

(3) The Branch President may choose to act as Chairperson at any other meeting within the Branch at which such Branch President is present.

(4) The Branch President is authorised on behalf of such Branch President's Branch to do any of the things referred to in Regulation 136 of the Regulations or any substantially corresponding provision.

(5) If the Branch Secretary dies or is absent from Australia or unable or unwilling to summon any meeting which such Branch Secretary could summon under these Rules and no Acting Branch Secretary has been appointed the meeting may be summoned by the Branch President.

(6) In the Aviation Branch the Branch President shall, by virtue of that office, also perform the functions of a Trustee of the Branch and may exercise any of the powers and perform any of the duties given to a Branch Trustee by Rule 65 hereof.
Vice Presidents
Rule 19
Vice Presidents shall, wherever practicable attend at general meetings, special general meetings and meetings of the Committee of Management. If the President is absent from a meeting the Senior Vice President shall, if present, act as Chairperson. If the President and the Senior Vice President is absent from the meeting then the Junior Vice President shall act as Chairperson.
Rule 63
Branch Vice-Presidents shall, wherever practicable attend at Branch meetings and meetings of the Branch Committee of Management and if the Branch President is absent from a meeting the Vice-President shall, if present, act as Chairperson.
Secretary
Rule 20
The Secretary:

(1) May subject to the direction and control of a general meeting or special general meeting and/or the Committee of Management, exercise any of the powers and perform any of the duties given to the general meeting or special general meeting of the Union in Sub-Rules (2)(c), (2)(d) and (2)(k) of Rule 13.

(2) Shall be the chief administrative officer to carry out the decisions of general meetings and special general meetings and of the Committee of Management.

(3) Shall comply with all valid directions given by general meetings and special general meetings and the Committee of Management.

(4) Shall take all reasonable steps to attain the purposes of the Union and to carry out these Rules and the decisions of those bodies within the Union which bind the Secretary.

(5) Shall have the day to day management and control of:

(a) The monies, property, effects, records and documents of the Union.

(b) The business and affairs of the Union.

(6) Shall receive monies payable to the Union and shall give a receipt for the same and shall deposit the same in the appropriate account of the Union.

(7) Shall not incur liabilities on behalf of the Union without the authority of a general meeting or special general meeting or the Committee of Management which at any time total more than 120 financial units.

(8) Shall pay from the Union fund all amounts properly payable from the Union fund. Provided that:

(a) Where the amount exceeds 20 financial units the Secretary shall not pay the same without the authority of the Committee of Management.

(b) Where the amount exceeds 10 financial units the Secretary shall pay the same by cheque. Unless authorised to do otherwise by the Branch Committee of Management.





















(9) Shall keep proper records of all financial transactions and payments relating to the Union monies.





(10) (a) Shall keep up proper accounts and submit them to the auditor of the Union and then submit them to the annual general meeting of the Union.

(b) Shall supply a copy of the auditor's reports and copies of the accounts and statements prepared in accordance with the Act to the Members free of charge.

(11) (a) Shall ensure that the auditor of the Union has full and complete access to all the books and documents of the Union and shall ensure that the accounts of the Union are audited yearly.

(b) Shall during normal office hours and within 48 hours of having received a request to do so, make available for inspection by a financial member or members of the Union any books or documents held by the Union.

(12) Shall be the general custodian of the Union monies, property, effects, records and documents.

(13) Shall, within forty-eight hours of making a demand for any Union money, property, effect, record or document, be entitled to receive the same from any Officer or Member who has possession, custody or control of the same.

(14) Shall, within forty-eight hours of receiving notice of a direction by the Committee of Management to do so, deliver any funds, money, property, effect, record or document of the Union in his or her possession, custody or control to the person named in the direction.

(15) Shall keep an up-to-date register of the Members and shall keep records which show any amounts which a Member owes to the Union.

(16) Shall summon meetings of the Committee of Management.

(17) Shall wherever practicable:

(a) Prepare an agenda for each meeting of the Committee of Management and circulate it to the Members thereof a reasonable time before the meeting.

(b) Prepare an agenda for each general meeting and special general meeting and make it available to the Members at the meeting.

(18) Shall wherever practicable attend all general meetings and special general meetings and all meetings of the Committee of Management and shall keep minutes in accordance with these Rules of all proceedings at such meetings.

(19) Shall write, send, receive, answer, file and produce to the appropriate general meeting or special general meeting of the Union or the Committee of Management the correspondence of the Union for endorsement.

(20) Shall draw up an annual report and submit it to the annual general meeting of the Union.





















(21) Shall on request supply to each Member free of charge a copy of these Rules and up-to-date amendments.

(22) Shall make available or cause to be made available to any prospective applicant for membership of the Union a form of application requiring the information (if any) which the Committee of Management has resolved shall be required of applicants for membership.

(23) Shall receive or cause to be received from any applicant for membership such applicant's signed and written application and the amount properly payable in respect of admission to membership.

(24) Shall if the Committee of Management has directed the Secretary to refer to it:

(a) All applications for membership; or

(b) A particular type or description of application for membership; or

(c) A particular application for membership.

refer to the next meeting of the Committee of Management all applications covered by such a direction.

(25) Shall, if in his or her opinion there is a doubt as to the admission of the applicant to membership refer the application to the next meeting of the Committee of Management.

(26) Upon the Committee of Management resolving that an applicant whose application for membership has been referred to it to be admitted to membership the Secretary shall enter or cause the name of the applicant to be entered in the Register of Members.

(27) Shall be deemed to have the authority of the Committee of Management to enter in the Register of Members the name of any applicant for membership if in such Secretary's opinion there is no doubt as to the admission of the applicant and if the application is not covered by a direction under Sub-Rule (24) of this Rule.

(28) Shall, unless he or she has referred the application to the Committee of Management, enter or cause the name of the applicant to be entered in the Register of Members within fourteen days of receiving the application and the amount properly payable in respect of admission to membership.




















(29) Shall be a delegate to the National Executive and National Committee of Management in accordance with the Rules of the National Union.
Rule 64
(1) The Secretary of a Branch -

(a) may subject to the direction and control of a Branch meeting and the Branch Committee of Management and Branch Executive (if any) exercise any of the powers and perform any of the duties given to the Branch by Sub-Rules (3), (4), (11) and (12) of Rule 54.

(b) shall be the chief administrative officer to carry out the decisions of Branch meetings and the Branch Committee of Management and Branch Executive (if any);

(c) shall comply with all valid directions given by Branch meetings and the Branch Committee of Management and Branch Executive (if any) of the Branch;

(d) shall take all reasonable steps to attain the purposes of the Union and to carry out these Rules and the decisions of those bodies within the Union which bind such Branch Secretary;

(e) shall have the day to day management and control of -
(i) The Branch fund, moneys, property, effects, records and documents;
(ii) the business and affairs of the Branch.

(f) shall receive all moneys payable to the Branch fund and shall give a receipt for the same and shall deposit the same in the appropriate account of the Branch in accordance with Rule 36;

(g) shall not incur liabilities on behalf of the Union or Branch without the authority of a Branch meeting or the Branch Committee of Management which at any time total more than $60,000;

(h) shall pay from the Branch fund all amounts properly payable from the Branch fund.
Provided that;
(i) where the amount exceeds $10,000 the Branch Secretary shall not pay the same without the authority of the Branch Committee of Management;
(ii) where the amount exceeds $5,000 the Branch Secretary shall pay the same by cheque unless authorised to do otherwise by the Branch Committee of Management;
(iii) for the expenditure of the Branch funds on the general administration of the Branch and for purposes reasonably incidental to the general administration of the Branch the express authorisation of the Branch Committee of Management shall not be necessary. Provided that any such expenditure shall be reported to the next meeting of the Branch Committee of Management.

(i) shall keep proper records of all financial transactions and payments relating to the Branch fund;

(j) shall keep proper records of all financial transactions between the Branch and the National administration;

(k) (i) shall keep up proper accounts and submit them to the auditor of the Branch and then submit them to the annual meeting of the Branch;
(ii) shall supply a copy of the auditor's report and copies of the accounts and statements prepared in accordance with the Act to the members of the Branch free of charge;

(l) shall ensure that the auditor of the Branch has full and complete access to all the books and documents of the Branch and shall ensure that the accounts of the Branch are audited yearly;

(m) shall be the general custodian of the Branch fund, moneys, property, effects, records and documents;

(n) shall, within forty-eight hours of making a demand for any part of the Branch fund or any Branch money property, effect, record or document, be entitled to receive the same from any officer or member of the Union who has possession, custody or control of the same;

(o) shall, within forty-eight hours of receiving notice of a direction by the Branch Committee of Management to do so, deliver any funds, money, property, effect, record or document of the Union or Branch in such Branch Secretary's possession, custody or control to the person named in the direction;

(p) shall keep an up-to-date register of the members of the Branch and shall keep records which show any amounts which a Branch member owes to the Union;

(q) shall summon all meetings of the Branch Committee of Management and Branch Executive (if any);

(r) shall wherever practicable -
(i) prepare an agenda for each meeting of the Branch Committee of Management and Branch Executive (if any) and circulate it to the members thereof a reasonable time before the meeting;
(ii) prepare an agenda for each Branch meeting and make it available to members at the meeting;

(s) shall wherever practicable attend all Branch meetings and all meetings of the Branch Committee of Management and Branch Executive (if any) and shall keep minutes in accordance with these Rules of all proceedings at such meetings;

(t) shall write, send, receive, answer, file and produce to the appropriate meeting of the Branch or the Branch Committee of Management and Branch Executive (if any) the correspondence of the Branch for endorsement;

(u) shall draw up an annual report and submit it to the annual meeting of the Branch;

(v) shall take all reasonable steps to supply the National Administration and Branch members with information as to the proceedings of the Branch Committee of Management and Branch Executive (if any) and the activities of the Branch and the Union generally;

(w) shall confer with the National Secretary and other Branch Secretaries;

(x) shall give all reasonable assistance to the National Administration and other Branches;

(y) shall supply to each member of the Branch free of charge a copy of these Rules and up-to-date amendments;

(z) shall make available or cause to be made available to any prospective applicant for membership of the Union a form of application requiring the information (if any) which the Committee of Management of the Branch has resolved shall be required of applicants for membership;

(aa) shall receive or cause to be received from any applicant for membership such applicant's signed and written application and the amount properly payable in respect of admission to membership;

(bb) shall if the Branch Committee of Management has directed the Branch Secretary to refer to it -
(i) all applications for membership or;
(ii) a particular type or description of application for membership or;
(iii) a particular application for membership;
refer to the next meeting of the Branch Committee of Management all applications covered by such a direction;

(cc) shall, if in such Branch Secretary's opinion there is a doubt as to the admission of the applicant to membership refer the application to the next meeting of the Branch Committee of Management;

(dd) upon the Branch Committee of Management resolving that an applicant whose application for membership has been referred to it be admitted to membership shall enter or cause the name of the applicant to be entered in the Register of the members of the Branch;

(ee) shall be deemed to have the authority of the Branch Committee of Management to enter in the Register of the members of the Branch the name of any applicant for membership if in such Branch Secretary's opinion there is no doubt as to the admission of the applicant and if the application is not covered by a direction under Sub-Rule (1)(bb) of this Rule;

(ff) shall, unless such Branch Secretary has referred the application to the Branch Committee of Management, enter or cause the name of the applicant to be entered in the Register of the members of the Branch within fourteen days of receiving the application and the amount properly payable in respect of admission to membership;

(gg) is authorised to sue in the name of the Union under Section 290 of the Act or any substantially corresponding provision;

(hh) is authorised on behalf of the Union to do any of the things referred to in Regulation 136 of the Regulations or any substantially corresponding Regulation;

(ii) shall be a National Delegate representing that Branch;

(jj) shall:
(i) keep a copy of the register of members of the Branch as it stood on 31 December in each year for the period of 7 years after the 31 December concerned and provide a copy to the National Secretary by the end of February in each year;
(ii) compile a register of members of the Branch as al seven days before the first weekday occurring on or after 14th March in the year of a Branch election and provide to the National Secretary a copy of that register within seven days of its compilation;
(iii) inform the National Secretary in writing by 1 March in each year of the number of members of the branch as at 31 December in the preceding year.

(kk) shall advise the National Secretary in writing by the end of February in each year whether any election for an office in the· Branch must be held during the calendar year which commenced on 1 January, and if so the name and numbers of each office or position in the Branch for which an election is due, and the reason for the election.

(ll) (a) shall lodge a notification with the Registered Organisations Commissioner of any change to the records required to be kept under sub-rule 10(2) or any change to the place of the Registered Office of the Branch within 35 days of the change and provide a copy of the notification to the National Secretary at the time of its lodgement.
(b) shall provide to the National Secretary in writing by 1 March in each year a copy of the records required to be kept under sub-rule 10(2).

(mm) (a) shall as soon as practicable after the end of each financial year prepare on behalf of the Branch an officer and related party disclosure statement which reports any disclosures made by officers of the Branch under rule 90;
(b) provide a copy of the statement to the National Secretary within five months of the end of the financial year;
(c) within the period of 6 months starting after the end of each financial year:
(i) provide the statement to members; and
(ii) lodge with the Registered Organisations Commissioner a copy of the statement provided to members and provide a copy of the lodged documents to the National Secretary

(nn) Shall inform the National Secretary in writing whether each officer of the Branch whose duties include duties that relate to the financial management of the Branch has completed the training required by rule 90(25) within 6 months after the person begins to hold the office.

(oo) shall inform the National Secretary in writing of the appointment of a Branch auditor and the term of that appointment within one month of the appointment. (pp) comply with any requirements of the Act, the Regulations, the RO Act or the RO Regulations, or any direction from the National Secretary under sub-rules 13(19) and 19(3).

(2) In the Aviation Branch the Branch Secretary shall, by virtue of that office, also perform the functions of a Trustee of the Branch and may exercise any of the powers and perform any of the duties given to a Branch Trustee by Rule 65 hereof.
Assistant Secretary
Rule 21
(1) The Assistant Secretary of the Union Shall:

Wherever practicable attend all meetings of the Committee of Management and all General and Special Meetings of the Union.

Assist the Secretary of the Union in the performance of the Secretary’s powers and duties.
Schedule 5,Rule 7
The Assistant Secretary of the Branch shall:

(a) Wherever practicable attend all meetings of the Committee of Management of the Branch and all General and Special Meetings of the Branch.

(b) Assist the Secretary of the Branch in the performance of the Secretary's powers and duties.
Trustees
Rule 22
(1) Shall wherever practicable attend all meetings of the Committee of Management.

(2) Shall be responsible for the investment of any part of the Union monies which the Committee of Management determines should be invested.

(3) Shall, subject to these Rules, make any investment of Union monies in accordance with any directions of the Committee of Management.

(4) During any time when the Union is not registered under the Act all the Union monies, property, effects, records and documents of the Union shall by virtue of these Rules be vested in the Trustees for the time being of the Union on trust for the Union and past Trustees shall execute all documents and do all things necessary to perfect the title of the Trustees for the time being.
Rule 65
Where such positions exist Branch Trustees:

(1) shall wherever practicable attend all meetings of the Branch Committee of Management;

(2) shall be responsible for the investment of any part of the Branch fund which the Branch Committee of Management determines should be invested;

(3) shall, subject to these Rules, make any investment of Branch funds in accordance with any directions of the Branch Committee of Management;

(4) during any time when the Union is not registered under the RO Act the Branch fund and all the Branch moneys, property, effects, records and documents of a Branch shall by virtue of these Rules be vested in the Trustees for the time being of that Branch on trust for the Union and past Branch Trustees shall execute all documents and do all things necessary to perfect the title of the Branch Trustees for the time being;

(5) upon the Union becoming registered under the Act the Branch fund and all the Branch moneys, property, effects, records and documents of a Branch shall by virtue of these Rules vest in the Union and the Branch Trustees and past Branch Trustees shall execute all documents and do all things necessary to perfect the title of the Union.