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QAC
Constitution - Proposed Changes:
(1) NAME
The name of the Association shall be "The Qantas Aircrew
Club Incorporated" referred to in the rules as "the Association".
(2) OBJECTS
The objects of the Association shall be to provide
recreational and sporting equipment and facilities together with other
equipment and facilities deemed suitable by the committee as well as to
promote and organise social activities amongst the flight staff employees
of Qantas Airways Limited and it’s subsidiaries as well as
contracted flight staff employees whilst on company service.”
(3) MEMBERSHIP
(a) Subject to
these rules, the members of the Association shall comprise those who are
members immediately prior to incorporation together with such other people and
organisations as the committee admits to membership subject to the date of
incorporation.
(b) Membership shall be
open to all flight staff employees of Qantas Airways Limited and its
subsidiaries as well as contracted flight staff employees on payment of
periodical or yearly dues.
(c) Guest membership
may be offered on a daily basis to a person other than flight staff by any one
of the office bearers of the Association (i.e. President, Manager or Assistant
Manager) at his or her sole discretion.
(d) A register of
members shall be kept by the Association showing the name and membership
number of each member. Members' addresses and membership commencement and
cessation dates will be kept by Qantas Airways Limited.
(4) MEMBER'S LIABILITY
The members of the Association shall have no liability to
contribute towards the payment of debts and liabilities of the Association or
the costs, charges and expenses of the winding up of the Association except to
reimburse to the Association the amount of any unpaid membership fees.
(5) MANAGEMENT - BY COMMITTEE
(a) The Association
shall have its affairs controlled and managed by a committee elected at the
Annual General Meeting (herein called “the Committee”
(b) The Committee shall
comprise a maximum of 20 members elected at each Annual General Meeting by
financial members of the Association present at that meeting.)
Replace paragraph (b)
with:
(b) The Committee shall
comprise a maximum of 25 members elected at each Annual General Meeting by
financial members of the Association present at that meeting.
(c) The office bearers
of the Association (President, Manager and Assistant Manager) shall be elected
from amongst the Committee members elected at the Annual General Meeting by
the Committee members.)
(d) At a Committee
meeting, a quorum shall consist of any three Committee members together with
any one of the President, Manager or Assistant Manager. All decisions reached
by the quorum shall be subject to acceptance by a majority of the Committee of
the Association
(e) The Committee shall
meet at least four times per year or as often as deemed necessary; such
meetings are to be convened by any of the President, Manager or Assistant
Manager.
(f) The Committee may
at any time co-opt the services of members to perform specific duties on
behalf of the Committee.
(g) Any casual vacancy
occurring within the committee may be filled by a member appointed by the
Committee. Any casual vacancy occurring within the office bearers may be
filled by a Committee Member elected by the Committee
(h) Each member of the
Committee shall hold office from the date of his or her election or
appointment until the next Annual General Meeting.
(i) A member of the
Committee shall cease to hold office upon resignation in writing; removal as a
member of the Association; resignation as aircrew or absence from three
Executive Committee meetings without approval from the Committee.
(6) GENERAL MEETINGS
(a) An Annual General
Meeting of the Association shall be held each year within six months from the
end of the financial year of the Association.
(b) The Committee of the
Association may convene a special general meeting of the Association at its
discretion. A special general meeting of the Association must be convened by
the Committee within three months of receipt of a written request to do so
from a minimum of 5% of the members of the Association.
(c) The Committee shall
give members at least fourteen days’ notice of all general meetings and
notices of motion. In case of general meetings where a special resolution is
to be proposed, notice of the special resolution shall be given to members at
least twenty-one days before the meeting.
(d) At the Annual
General Meeting the following business shall be transacted:
(i) Confirmation of the
minutes of the last Annual General Meeting and any recent special general
meeting.
(ii) Receipt of the
Committee's report upon the activities of the Association in the last
financial year.
(iii) Election of the
Committee.
(iv) Receipt and
consideration of a statement from the Committee which is not misleading and
gives a true and fair view for the last financial year of the association’s:
* Income and expenditure
* Assets and liabilities
(e) The quorum for the
general meeting shall be five members present in person and within half an
hour of the time appointed for the general meeting. If a quorum is not present
the meeting shall be dissolved.
(f) Voting at general
meetings shall be by a show of hands unless a secret ballot is demanded by a
majority of those present at the meeting. Any decision shall be made by
a simple majority vote except for those matters which must be decided by
special resolution where a three-quarter majority of those present at the
meeting is required.
(g) All votes shall be
given personally and there shall be no voting by proxy.
(h) In the case of an
equality of votes the person appointed to chair the general meeting shall have
a second or casting vote.
(i) Nominations of
candidates for election as Committee members may be made at the Annual General
Meeting or in such other ways as determined by the Association at the general
meeting.
(j) Written notice of
all general meetings shall be displayed on crew notice boards or published in
the crew newsletters at least twenty-one days prior to the general meeting.
(7) OFFICE BEARERS
(a) The President or in
the President’s absence, the Manager or in the absence of both the President
and the Manager, the Assistant Manager shall act as Chairperson at each
general meeting of the Association
(b) If the President,
Manager and Assistant Manager are absent from a meeting or unwilling to act,
the members present at the meeting shall elect one of their number to act as
Chairperson for that meeting.
(c) The Manager shall
ensure that the records of the business of the Association, including the
rules, register of members, minutes of all general and committee meetings and
a file of all correspondence are kept. These records shall be available for
inspection by any member and shall be held in the custody of the Manager or a
suitable person appointed by the committee
(d) The Manager shall
ensure that all money received by the Association is paid into an account in
the Association's name
(e) Major and unusual
expenditure shall be authorised in advance by the Committee or a general
meeting.
(f) The Manager shall
ensure that correct books and accounts are kept showing the financial affairs
of the Association. These records shall be available for inspection by any
member and shall be held in the custody of the Manager or a suitable person
appointed by the committee)
(8) SPECIAL RESOLUTIONS
(a) A special resolution
must be passed by a general meeting of the Association, to effect the
following changes:
(i) A change of the
Association's name.
(ii) A change of the
Association's rules.
(iii) A change of the
Association's objects.
(iv) An amalgamation
with another incorporated Association.
(v) To voluntarily wind
up the Association and distribute its property.
(vi) To apply for
registration as a company or a co-operative.
(b) A special resolution
shall be passed in the following manner:
(i) Notice of the
meeting to consider a special resolution must be given to the members by
publication in Qantas Airways Limited crew newsletters and websites.
(ii) The notice must
give details of the proposed special resolution and give at least twenty-one
days notice of a meeting.
(iii) A quorum must be
present at the meeting.
(iv) At least
three-quarters of those present must vote in favour of the resolution.
(v) In situations where
it is not possible or practical for a resolution to be passed as described
above, a request may be made to the Corporate Affairs Commission for
permission to pass a resolution in some other way.
(9) PUBLIC OFFICER
(a) The Committee shall
ensure that a suitable adult person is appointed as Public Officer.
(b) The first Public
Officer shall be the person who completed the application for incorporation of
the Association.
(c) The Committee may
at any time remove the Public Officer and appoint a new Public Officer
provided the person appointed is 18 years of age or older and a resident of
New South Wales.
(d) The Public Officer
shall be deemed to have vacated his/her position in the following
circumstances:
(i) Death.
(ii) Resignation.
(iii) Removal by the Committee or at a general meeting.
(iv) Mental illness.
(v) Residency outside New South Wales.
(e) When a vacancy
occurs in the position of Public Officer the Committee shall, within fourteen
days, notify the Department of Fair Trading by the prescribed form and
appoint a new Public Officer.
(f) The Public Officer
is required to notify the Department of Fair Trading by the prescribed form in
the following circumstances:
(i) Appointment of a new Public Officer (with in fourteen
days)
(ii) A change of the Public Officer’s residential address
(within fourteen days).
(iii) A change in the Association's objects or rules
(within one month).
(iv) A change in the membership of the Committee (within
fourteen days).
(v) Details of the Association's financial affairs (within
one month after the Annual General Meeting).
(vi) A change in the Association's name (within one month).
(g) The Public Officer
may be an Office Bearer, Committee member or any other person regarded as
suitable for the position by the Committee.
Add the following
paragraph:
(9a) DISPUTES
(a) The laws of the
State of New South Wales Australia shall govern any and all disputes and/or
claims of any nature arising between the Association and its members.
(b) All members of the
Association agree to submit to the jurisdiction of the courts and tribunals
of the Sate of New south Wales Australia and further agree that the courts
and tribunals of no other jurisdiction shall be competent to determine
disputes and/or claims of any nature arising between the Association and its
members.
(c) Any reference to
“members” in this clause includes former members
(10) GENERAL
(a) The banker of the
Association shall be determined year by year by majority decision of
the Committee.
(b) The funds of the
Association may also be deposited in other savings institutions as the
Committee by a majority decision decides
(c) All monies received
shall be banked within a period of seven days.
(d) All accounts
payable on behalf of the Association shall be paid by the following
methods:
(i) Cheque signed by any
two of the President, Manager, Assistant Manager and Operations
Manager.
(ii) Direct transfer of
funds from accounts of the Association for payment of expenditure incurred.
All payments are to be approved by either any one of the President, Manager,
Assistant Manager and Operations Manager
(e) Expenditure for new
equipment at slip ports shall be recommended as the occasion arises by the
Committee as provided for in this constitution. The financial year shall be
from 1st July to 30th June the following year. Accounts for this period shall
be prepared, audited and prominently displayed for the information of all
members not later than 31st July the following year. The annual subscription
shall be fixed at the Annual General Meeting each year by a majority of those
present at that meeting.
(f) The payment of
subscriptions shall be made by deductions from the members pay through
the Qantas Airways and its subsidiaries payroll systems or by the payment of
an annual fee by contracted and subsidiary airline flight staff
employees. Such money shall be deposited to the nominated account at regular
monthly intervals.
(g) The accountant for
the association shall be a person who is not a member of the Association who
holds appropriate accountancy qualifications. He or she shall be selected by a
majority vote of the Committee year by year. The President, Manager or
Assistant Manager are ineligible to vote in the selection of the accountant
for the Association.
Add the following
paragraph:
(10a) RISK WARNING
(a) Members are hereby
warned that use of the equipment and/or facilities provided as a result of
membership of the Association exposes members to a risk of personal injury
and subsequent economic loss whether the equipment is used properly or
improperly.
(b) Members are further
advised that each particular facility or piece of equipment may subject the
user to a particular risk of injury peculiar to that activity. It is the
responsibility of the member to make him or herself aware of any particular
risk of injury associated with an activity before engaging in that activity
and to take all care in using the equipment and/or facilities provided as a
result of membership of the Association
(c) A member who uses
the equipment and/or uses or enters the facilities provided as a result of
membership of the Association does so at his or her own risk
(11) MISCELLANEOUS
(a) The Committee shall
decide what facilities and equipment shall be provided for the members.
(b) Notwithstanding any
exceptions provided for in this Constitution only financial members of the
Association may use the equipment provided for by the Association
(c) All members of the
Association must produce a valid membership card to the caretaker of equipment
or to any member of the Committee on request.
(d) Membership cards
are not transferable.
(e) Members are
responsible for the proper care of equipment of the Association in their
possession.
Add the
following paragraph:
(e1) Members
are responsible for ensuring that the equipment of the Association and
or any hotel/venue is in a safe and good state of repair prior to using
such equipment and further are required to report defects that are
discovered to render the equipment not safe or not in a good state of
repair to the President, Manager, assistant Manager or Committee Members
as the case may be in accordance with subclause (11)(h).
(f) Equipment is to be
returned immediately after use in a clean condition and is not to be kept
overnight.
(g) The Committee is
empowered to temporarily suspend or cancel the membership of any member it
considers guilty of misuse, maltreatment or misappropriation of equipment of
the Association or conduct that brings the Association into disrepute. Such
temporary suspension or cancellation of membership shall be determined
only after a unanimous vote of the Committee members present at a committee
meeting held subsequent to the member being informed of;
(i) The nature and content of any allegations made against
the member
(ii) Notice of the venue of the committee meeting convened
for the discussion of the allegations being provided to the member
(iii) The member being informed of his or her right to be
present to answer any allegations against the member
(iv) The member having the right to respond to the
allegations made against him or her.)
(h) Replacements and
repair of equipment may be authorised by any one of the President, Manager or
Assistant Manager at their his or her sole discretion. Committee members may
approve replacement or repairs to the value of $A500 in each slip port at his
or her sole discretion”
(i) Incidental
expenses incurred by members may be recovered on production of receipts for
any expenses claimed. Payments must be authorised by the President,
Manager or Assistant Manager.
(j) An equipment
register must be kept at each hotel in which equipment owned by the
Association is stored. The register is to be completed by all members when
borrowing equipment and noted when equipment is returned. Such return
is to be duly noted in the appropriate section of the register by the member
concerned.
(k) Unless the return
of equipment is noted as required members shall be expected to accept charges
penalties for losses or replacement of equipment against their
signature.
(l) Where no direct
caretaker is in charge the member having used the equipment shall be
responsible for its return and proper completion of the register.
(m) An updated Standard
Station Equipment List shall be included in the Minutes of each meeting.
(12) WINDING UP
In the event of
changes in the policies of the Association or its operating practices or the
requirements of the members of the Association, the Association may be wound
up on the instigation of the majority vote of all financial members.
Upon
such dissolution the assets of the Club shall be distributed in accordance
with Section 53 of the Associations Incorporated Act, 1989.
(13) THE COMMON SEAL
The
Common Seal of the Association shall be kept in the custody of the Manager. It
shall only be affixed to a document with approval of the Committee. The
stamping of the Common Seal shall be witnessed by the signatures of two
members of the Committee.
As amended by AGM 8thSeptember
2003
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