24. Powers of Executive

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24. Powers of Executive

(a) Subject to sub-rule (b) of this Rule the Executive shall control the affairs of the Union in accordance with this Constitution.
(b)
- (i) Executive shall abide by and conform to all decisions and directions of State Council.
- (ii) That should any circumstances arise in the post-State Council period which, in the opinion of Executive, may have resulted in a State Council Decision other than that arrived at, a Referendum of the full Union membership must be held before the original State Council Decision can be varied.
(c) DEVOLUTION. Should the Executive declare that a matter should be referred to the membership through devolution, it shall be done in the manner provided herein:
- (i) That, where an industrial agreement is required by decision of State Council to be endorsed in accordance with this rule it should be referred to the relevant sector of the membership.
- (ii) The General Secretary shall communicate the matter to worksite representatives at relevant worksites, as directed by Executive.
- (iii) Worksite representatives, on receipt of the communication shall call a meeting of Union members at worksites to deliberate and vote on the Executive proposals. A minimum of two weeks be allowed during which members can vote.
- (iv) That a yes/no case be presented on each devolution question.
- (v) The worksite representative shall notify the General Secretary, by the stipulated time of the number of worksite members who abstained or voted "for" and "against" the motion of the meeting.
- (vi) The General secretary shall inform Executive and all worksites of the result.
- (vii) A motion is carried if 60% or greater of the votes are in the affirmative.
- (viii) Notwithstanding (ii) and (iv) above, postal ballots shall be conducted for those worksites for which, upon application to Executive, postal ballots have been approved and the following rule will apply:
  - The General Secretary shall determine the roll of members for the worksites and all members of the worksite will receive a postal vote.
  - The General Secretary will arrange for each item requiring the vote of a member to appear on a separate ballot paper with the members being required to circle the word "for" or "against" to indicate the members' vote.
  - The General Secretary shall allow 21 days for the return of members' votes.
  - Voting papers will be despatched to members at the worksite.
  - The number of members abstaining from voting shall be recorded.
  - Absentee votes be permitted at worksite meetings provided:
- (i) That the member forward an apology for absence from the meeting together with his/her vote to an office bearer before the meeting.
- (ii) That the member's apology in writing is accepted by the meeting.
  - At the close of the ballot the General Secretary shall place the result before Executive.
  - Executive shall consider the results of the Devolution question and cause a report to be forwarded to worksites either by way of a letter from the General Secretary or by way of an article in The Western Teacher.
(d) Between meetings of the State Council, the management of the Union shall be vested in the Executive which shall have all the powers necessary to administer the Union including the authority to transfer funds from one Union account to another. No power to impose a levy, or determine entrance fees and subscriptions [excepting as provided in Rule 7 (iv)], or expressly reserved for itself by State Council, shall be exercised by the Executive.