Rules of a State Industrial Organisation

INDUSTRIAL REGISTRY OF NEW SOUTH WALES - NOT YET CERTIFIED

registered under the Industrial Relations Act 1996

Club Managers' Association

as at 16 May 2000

CONTENTS

1. Title 3

2. DEFINITIONS 3

3. CONSTITUTION 3

4. OBJECTS 4

5. REGISTERED OFFICE 5

6. APPLICATION OF FUNDS 5

6a. SOURCE OF FUNDS 5

7. MEMBERSHIP 6

8. MEMBERSHIP CONTRIBUTION 6

9. FINANCIAL YEAR 7

10. BANKING FUNDS 7

11. AUDITORS 7

12. TRUSTEES 7

13. RESIGNATIONS 8

14. RECOVERY OF ARREARS 9

14a. PURGING OF THE REGISTER 9

15. INSPECTION OF BOOKS AND DOCUMENTS 10

16. GENERAL MEETINGS AND MEETING OF THE EXECUTIVE 10

17. MEETINGS HELD UNDER THESE RULES 11

18. QUORUMS 11

19. MANNER OF VOTING 11

20. PLEBISCITES 12

21. executive 13

22. Supreme Governing Body 13

23. Powers of Executive 13

23A. Political Levies and Donations 15

24 election of offices 17

24A. Conduct of Elections by the Industrial Registrar 19

25. Conduct of the Election 19

26. Qualifications and nominations for candidates to

offices 19

26A. Duties of scrutineers 20

26B ELECTION OF PRESIDENT, VICE PRESIDENT AND SECRETARY 20

27. Members holding of Office 21

28. Removal of Officers 22

29. Submission of Matters to the Executive 22

30. Direction of Executive 23

31. Duties of President 23

32. Duties of Vice President 23

33. Duties of Secretary 23

34. Vacancies 24

35. Deleted 24

36. Unfinancial Membership 24

37. Breaches and Penalties 25

38. Deleted 28

39. Industrial Agreements 28

40. Seal 28

41. Rules of Debate 28

42. Life Membership 31

43. Dissolution of Association 32

44. Rules Binding 33

45. Transitional Rule 33

End of Rules 33

1. Title

The name of the Union is the Club Managers' Association.

2. DEFINITIONS

(a) "Associated Federal Body" means the Club Managers' Association, Australia, a federally organisation of employees registered pursuant to the provisions of the Australian Industrial Relations Act, 1988, as amended.

(b) "The Executive" means the Executive elected in accordance with these Rules.

3. CONSTITUTION

The Association shall consist of an unlimited number of persons employed as:

(a) Club Managers, Club Manager-Secretary, Club Secretaries, Assistant Club Managers, Assistant Club Secretaries, and all other persons (By Whatever name known) performing managerial duties in Clubs.

(b) Hotels, Motels, Hostels and Canteen Managers and Assistant Managers.

(d) Persons undergoing an approved course of study or training for the purpose of qualifying for engagement as a Club, Hotel, Motel, Hostel or Canteen Manager or Assistant Manager.

(e) Field Superintendents, Catering Officer and Operations Officers (Administration and Equipment) employed by Commonwealth Hostels Limited or any successor to, or any assignee or transmittee of the business of such Company.

(f) Secretaries and Managers of Sporting Clubs.

(h) Secretaries and Managers of Registered Trade Unions and Industrial Unions of Employees and Employers.

(i) Racecourse Secretaries, Racecourse Managers, Racecourse Superintendents and any other person (by whatever name known) performing secretarial managerial, supervisory (Excepting supervisory functions in connection with catering and liquor services) and/or executive functions on racecourses.

(j) Together with such other persons, whether employed in the industry or not, as have been appointed to carry out research and industrial responsibilities on behalf of the Association or its Divisions and admitted as members thereof.

Provided that nothing in this rule shall be deemed to apply to any person performing supervisory duties who is employed by a contractor, excepting canteen managers and canteen assistant managers.

Provided further that nothing in this rule shall be deemed to include employees of the Crown in the State of New South Wales and for the purposes of this constitution the term "employees of the Crown," without limiting the ordinary meaning of the term, shall include employees of any person, firm, board, trust, company or corporation employing persons on behalf of the Government of the State, shall not be eligible for membership of the Club Managers Association.

4. OBJECTS

(a) To foster, promote and protect the professional and industrial interests of its members.

(b) To better the working conditions and to assist members to obtain a fair remuneration for services rendered by them.

(c) To exercise all powers, privileges and advantages contained in the Industrial Relations Act 1991 or any amendment thereof or Act passed in substitution therefore.

(d) To assist members to obtain legal services including assistance in the protection of members legal rights in matters arising out of or in connection with their employment, including the provision of financial assistance in relation to such services.

(e) To promote industrial peace by amicable means, and to make arrangements to settle industrial disputes.

(f) To raise funds from the members by entrance fees, contributions, or levies for the purpose of carrying out all or any of the objects of the Association.

(g) To print and publish a journal, newspaper or pamphlets.

(h) To secure preference of employment for its members by all lawful means.

(i) To provide for the acquisition of property including the purchase or erection of a building for office or other accommodation.

(j) To engage officers and employees for the furtherance of the Association's objects, and remunerate such officers and employees by salaries, wages or other emoluments including contribution to, and financing, insurance schemes for the benefit of such officers and employees.

(k) To make rules and regulations for the conduct of the insurance schemes mentioned in the last preceding objects.

(l) To officiate, amalgamate or co-operate with any other Association or organisation having similar aims and objects.

(m) To promote vocational education and training and skills development for managers and students through Club Management Development, Australia Limited.

(n) To enter into contracts, agreements or arrangements with Club Management Development Australia Limited or any other corporate body or person for the provision by or to the Association, with or without consideration, of goods and services of any kind including:

(i) computer hardware and software;

(ii) office administrative and secretarial services;

(iii) the use of office premises, furniture and equipment;

(iv) the devising and implementing of vocational, education and training programs for the development and enhancement of the level of knowledge, skills and competence of members of the Association in their employment together with programs for the training of work place trainers of members and programs for the training of assessors of work place trainers.

(o) To do all other acts and things as are incidental to all in any way relating to the carrying out of the above objects.

5. REGISTERED OFFICE

The Registered Office of the Association shall be at 67-73 Hilliers Road, Auburn in the State of New South Wales. Notice of any change shall be given to the Industrial Registrar.

6. APPLICATION OF FUNDS

The funds of the Association shall be expended in the manner following:

(a) In carrying out the objects of the Association set out in Rule 4 hereof;

(b) In necessary expenses of Management; and

6a. SOURCE OF FUNDS

The Funds of the Association may be derived:

(a) From membership contributions and such other fees, fines or levies as may be approved in accordance with these rules;

(b) Form donations or grants, including Government grants, as may be available to the association;

(c) From service fees or through cost sharing arrangements duly entered into with the Associated Federal Body in respect of dual membership pursuant to rule 8(a);

(d) From the provision of services in accordance with rule 4(n).

7. MEMBERSHIP

(a) A candidate for Membership shall sign an application form, and lodge the same with the Secretary of the Association.

(b) Application for membership shall be informed in writing of the financial obligations arising from the membership and the circumstances and manner in which a member may resign from the Association.

(c) The Secretary shall cause the name of the candidate to be included in the membership records of the Association as from the date the Application is received provided that the Executive may within one month of its receipt reject an Application on the grounds that the Applicant is not eligible for membership pursuant to Rule 3 - Constitution, hereof or on the grounds that the candidate is a person of bad character. Prior to the making of any finding of bad character against an applicant for membership, the Executive shall give due notice to the applicant and afford the applicant an opportunity to show cause why a finding of bad character would be unwarranted, unfair or otherwise contrary to law or equity.

8. MEMBERSHIP CONTRIBUTION

(a) The annual amount of contributions payable by members shall be $290.00 per annum provided always that a member who is otherwise eligible for membership pursuant to Rule 3 - Constitution, hereof and who is also a financial member of the Associated federal body shall not be required to pay membership contributions pursuant to this rule and shall be treated as financial member of the Association for all purposes under these rules.

(b) Any member may apply in writing to the Executive for temporary exemption from the requirement to pay fines, fees or contributions on the grounds of financial hardship or industrial necessity and the Executive shall have the discretion to grant such exemption. The financial status of a member shall not be lost as a consequence of the granting of a temporary exemption by the Executive.

(c) Contributions shall be payable yearly, half yearly, quarterly or monthly payroll deductions can be arranged, all in advance. A member who joins the Association after the commencement of the last month of any quarter shall not be liable to pay any contributions in respect of that quarter.

(d) A member shall be obligated for all contributions, fees, fines or levies approved by the Executive until the date of his resignation pursuant to Rule 13.

9. FINANCIAL YEAR

The financial year of the Association shall be from the 1st day of January to the 31st day of December in each year, both days inclusive.

10. BANKING FUNDS

(a) All moneys belonging to the Association which are not required for immediate use, shall be deposited at interest with such bank in New South Wales as the Executive may direct from time to time in the name of the Association and on behalf of the Association.

(b) The surplus funds of the Association shall be held in the name of the Association and may be invested in such manner as they may be directed by the Executive.

11. AUDITORS

(a) A registered Company Auditor shall be appointed by the Executive to audit the books of the Association and to submit a report of the same to the Annual Meeting of the Association. The President, Vice-President, Secretary shall, if required, attend all audit meetings and give nay information that may be necessary for the purpose of the audit.

(b) The Auditor may be dismissed at any time by the Executive on the grounds of incompetence or excessive cost. The Auditor shall receive for his services such sum as may be agreed upon.

12. TRUSTEES

(a) All property and funds of the Association acquired on or after certification of this rule shall be held in the name of the Association and the Executive shall exercise authority over such property and funds subject always to the direction of the Annual General Meeting.

(b) Deleted.

(c) Property and funds of the Association vested in the trustees as at the date of certification of this rule shall be transferred into the name of the Association.

(d) Deleted.

(e) All cheques or orders for the withdrawal of money from the Bank shall be signed by at least two persons duly authorised by the Executive as approved signatories. At least one signatory shall be the President or the Secretary or such other member of the Executive as may from time to time be authorised by the Executive. The Executive may authorise a person who is not a member of the Executive or office bearer in the Association to be a signatory for such cheques and withdrawals where such person is employed by the Association in an administrative capacity. At every meeting of the Executive, the Executive shall be provided with the bank deposit books, the pass-book, the receipt books and cheque books for examination.

13. RESIGNATIONS

(a) A member of the Association may resign from the membership by written notice addressed and delivered to the Secretary.

(b) A notice of resignation from membership of the Association takes effect:

(i) where the member ceases to be eligible to become a member of the Association:

(1) on the day on which the notice is received by the Association; or

(2) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;

whichever is later, or

(ii) in any other case:

(1) at the end of three months after the notice is received by the Association; or

(2) on the day specified in the notice;

whichever is later.

(c) Any dues payable but not paid by a former member of the Association, in relation to a period before the member's resignation from the Association took effect, may be sued for and recovered in the name of the Association, in a court of competent jurisdiction, as a debt due to the Association. Provided that the Association shall not be entitled to sue for and cover arrears of subscription or other sums in the nature of fines, levies, penalties or calls that are due and payable by a member in respect of so much of a period as exceeds six months prior to the date of the commencement of the proceedings to cover arrears.

(d) A notice delivered to the Secretary shall be taken to have been received by the Association when it is delivered.

(e) A notice of resignation that has been received by the Union is not invalid because it was not addressed and delivered in accordance with sub-rule (a).

(f) A resignation from membership of the Association is valid even if it is not effected in accordance with this rule if the member is informed in writing by or on behalf of the Association that the resignation has been accepted.