38. Alteration of Constitution

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38. Alteration of Constitution

(a) Notice of proposed alterations or amendment of, additions to or excisions from this Constitution must be forwarded to the General Secretary by the close of business on a date to be determined and published by Executive prior to each State Council and copies of the same shall be published in the agenda of the relevant State Council.
(b) No clause of this Constitution shall be altered, added to, amended or excised, nor shall any new clause be made, except by a majority of not less than two-thirds of the delegates present and voting at a properly constituted meeting or session of State Council.
(c) State Council may endorse an alteration to the Constitution in words and form different to that which have been published in the agenda provided that the words and form do not change the original intention of the proposed alteration.
(d) Notwithstanding anything in (a), (b) or (c) above, Executive is empowered and required to re-number or re-letter paragraph, sub-rules, and rules to preserve numerical or alphabetical order provided that the order of paragraphs, sub-paragraphs, sub-rules or rules, is not altered.
(e) Not Registered.
(f) As soon as practicable after the completion of each State Council, all decisions made by State Council concerning Constitutional Amendments shall be placed in the Western Teacher or such other publication and distributed to all worksites. Such publication shall inform worksites of:
- (i) the change endorsed by State Council;
- (ii) the reasons for the change;
- (iii) the intention of the Union to apply to the WA Industrial Relations Commission to register those proposed alterations to the Constitution as decided by State Council;
- (iv) their right to object to the proposed alteration by forwarding a written objection to the Registrar of the WA Industrial Relations Commission.
(g) If any Constitutional amendments referred to in sub-rule (f) are matters which must be referred to the Full Bench in accordance with Section 62(2) of the Industrial Relations Act 1979, members shall also be informed of their separate and additional right to object to the making of the application to the Full Bench.