You can find the Union’s Constitution below:
- The name of the Union shall be FIJI BANK AND FINANCE SECTOR EMPLOYEES’ UNION or FB&FSEU (referred to as the “UNION” in this Constitution).
- The Office of the Union shall be situated at 14-18 McGregor Street, Suva, Fiji, or any such other place as decided by the Executive Council and approved by the Annual General Meeting or at the Special General Meeting.
- The Postal Address of the Union shall be GPO Box 853, Suva Fiji, or any such other place as decided by the Executive Council and approved by the Annual General Meeting or at the Special General Meeting.
- Wherever the Masculine Gender is used in this Constitution it shall be deemed to include Feminine Gender
- The terms “he”, “him”, “his”, and “himself” were used in this Agreement shall refer to both the masculine and feminine genders, as may be appropriate.
- The rules of this Constitution apply to all members of the Union and represent the entirety of the rules applicable to members of the Union, save as explicitly provided for under this Constitution. The Executive Council shall ensure that;
- a copy of these rules shall be given to any member within seven days of joining the Union and thereafter on demand on payment of the sum of five dollars.
- a copy of these rules shall be prominently displayed in the registered office of the Union
- a copy of the rules shall also be available on the Union’s website.
For these Rules the word Registrar means the Registrar of Trade Unions appointed under the provisions of the Employment Relations Act 2007.
- This Constitution shall become effective from the day it is approved and registered by the Registrar of Trade Unions.
- This Constitution shall repeal and replace the former Constitution, and any Rules made there under, from the date this Constitution becomes effective.
- To secure the complete organization in the Union of all local employees in Fiji employed in Banks, Statutory organizations, Finance, and FINTEC Industries.
- To obtain and maintain just and proper rates of salary/wages, hours of work, and other labor conditions and generally to protect members’ interests.
- To regulate Employment relations and settle disputes between Union members and their respective employers and;
- To assist with grievances between one member and another,
- To assist with grievances between members and other workers by amicable agreements wherever possible.
- Instances relating to (c) (i – ii) are subject to the discretion of the Executive Counsel.
- To promote a spirit of mutual respect and understanding between employers and the Union and to secure the establishment of a recognized and permanent machinery for negotiation with the Employers.
- To provide, for members benefits as the Annual or Special General Meeting may decide such as:
- Retirement;
- death gratuities and funeral expenses.
- legal advice and legal assistance where necessary in connection with the employment of members.
- Generally, to promote the material, Cultural, social educational and recreational welfare of members in any lawful manner by the provision of educational facilities, clinics, clubs or other undertakings which the Annual or Special General Meeting may from time to time deems expedient.
- The Furtherance, by financial assistance or otherwise of the work of purpose of any lawful association or Trade Union Federation having for its objects the promotion of interests of labor and trade unionism.
- The Establishments, carrying on or participation, financial or otherwise, in the business of the printing or publishing of a newspaper, periodical bulletin, book, pamphlet, or other publication or printed literature and publishing on social media platforms in the interests of, and with the main purpose of, furthering the lawful interests of the Union or its members.
- The promotion of legislation in the interests of its members.
- To use all lawful and legitimate means including strikes, if necessary, to attain its objects herein specified and to do all such other acts or take such other measures as are incidental and conducive to their attainment and the smooth and efficient working of the Union.
- To secure and promote the public interest by providing as far as possible efficient banking and financial services to the people of Fiji generally.
The Union shall be apolitical and shall not affiliate with any Political Party or Political Organization. The Union shall be free, in the pursuit of its objectives, to take action in respect of any Act, Omission of Organizations, companies’ bodies or persons including the Government and to express its opinion on any issues or Topic. The Executive Committee, as circumstances dictate, will make policies or regulations regarding necessary actions that will be taken as provided for in the paragraph above.
- Membership in the Union is open to any local employees in a Bank, Statutory organization financial institution, and FINTEC industries in Fiji but excludes any person who is a member of any other union.
- Any other worker who is not a member of any other trade union and who in the exercise of his rights under Section 32 and 33 of Fiji’s Constitution and ILO Core Convention 87 to join any union of his choice may apply for membership of the Union.
- Nothing contained in provisions of Rule 6 (a – b) of this Constitution shall prejudice the right of the Union to decline to accept for membership any person or any group or groups.
- The Union in exercising its right as described in Rule 6 (c) above to decline an application for membership is not obliged to give its reasons for declining the membership application(s).
- A person who ceases to be a member of the Union under its Constitution and Rules may at the discretion of the Executive Council be permitted to rejoin or be reinstated, but such reinstatement or readmission shall be subject to the condition that such member immediately pays to the Union any subscription which remained in arrears at the date on which he last ceased to be a member.
- Every person accepted as a member of the Union and for so long as he continues as a member by the Union’s Constitution and Rules (which may be amended from time to time) shall be deemed to have undertaken.
- To work for the interest of the Union and members collectively in a spirit of mutual co-operation.
- To abide by a majority decision of members and Executive Council within the Scope of the Constitution.
- To comply with the Rules of the Union.
- To not act in opposition to the objects of the Union which may be detrimental to the interest of its members.
- To refrain from making a false charge or false accusations against any official or a fellow member of the Union.
- Any member or Officer who contravenes any of the provisions of this section or any other Rules shall be deemed to be suspended and removed from the position held, pending disciplinary action by the Executive Council. National Secretary on the instructions of the Executive Council will write to member other of the Officer informing him/her of this suspension.
- The Executive Council appoint a three-panel Committee to hear the facts and deliberate on the appropriate penalty to be imposed against the member; or officer, if warranted.
- This Three panel committee shall give directions as to how the hearing process will be organized and conducted. These directions must ensure that the process is fair and conducted in accordance with the principles of natural justice.
- Any member or Officer deemed to be suspended shall;
- be entitled to be heard in person and;
- shall be entitled to have his case stated by a financial member of the Union nominated by him.
- The Chairman of the Committee shall present the facts of the charge to the member or officer and the member or officer or the representative nominated by them shall present a defense to those facts.
- The Chairman of the Committee will make known it findings of the case to the Executive Council.
- If a member is proved to the satisfaction of the Executive Council to have been guilty of conduct prejudicial to the interests of the Union the Executive Council may:
- fine such member a sum to be decided by the Executive Council.
- suspend such member from the Union for a period not exceeding three months, or
- expel such member from the Union.
- A member or an officer who is aggrieved by the decision of the Executive Council and, who has been fined, suspended or expelled from office may within 21 days after he has been notified of his suspension or removal, notify the Executive Council in writing of his intention to appeal to the next Annual or Special General Meeting of the Union.
- The Annual General Meeting or Special General Meeting shall hear the appeal and the Chairman of such a meeting shall present the facts of the case and the member or the officer concerned shall be entitled to present his defense.
- The decision of AGM /SGM shall be final and binding.
- The supreme Authority of the Union shall be vested in the Annual or Special General Meeting of the Union, and subject to that Authority, the Union shall be governed and administered by the Executive Council.
- Notwithstanding any provision in this constitution all the powers and duties vested in an Annual or Special General Meeting may be exercised by a Delegates Conference which may be convened in lieu of an Annual or Special General meeting.
- A delegates’ conference shall consist of at least one delegate for every twenty members of the Union represented in financial and other institutions or undertakings employing Union members;
- All the rules and procedures for the convening and conduct of Annual and Special General meeting shall apply to Delegates Conference.
- Fifty percent of the total number of delegates entitled to be present at a Delegates Conference shall constitute a quorum for the Delegates Conference.
- The Annual General Meetings of the Union shall be held at the direction of the Executive Council and as soon as practicable after the close of the financial year.
- Special General Meetings may be called by the Executive Council or at the request of twenty per centum or more of the total number of members of the Union who are not more than four weeks in arrears of subscriptions.
- All financial members are entitled to Vote at Annual General Meetings or Special General Meetings.
- The business of the Annual General Meeting shall be:
- To receive reports from the Executive Council to review the past work of the Union and to plan future policy;
- to receive the audited accounts for the previous year and to consider the financial position of the Union;
- To consider motions (if any) of which due notice has been given to the National Secretary in writing.
- To confirm positions of:-
- Executive Council members subject to provisions of Rule 15 (b) and (d);
- Office Bearers subject to Rules 15 (c) (i – iv)
- Branch committee members subject to provisions of Rule 16 (c) (i – iv)
- The position of National Secretary subject to provisions of Rule 18.
- To appoint an auditor or auditors.
- To discuss any other business or matter concerning the Union or its members as the Chairman of the meeting may allow.
- The Annual or Special General Meeting shall deal with such business as is specified in the agenda and no other business shall be dealt with except with the approval of the Chairman of the meeting.
- No member shall speak on any issue without first obtaining the permission of the Chairman of the meeting. The Chairman shall have the power to order any speaker to resume his seat at any time. This provided, however, that permission shall not be withheld if the subject on which the member wishes to speak is relevant to the business being discussed.
- Decisions at any meeting shall be taken by a majority vote. In the event of a tie of votes, the Chairman of the meeting shall have a casting vote.
- Annual General Meeting or Special General meeting may be adjourned from time to time at the discretion of the Executive Council.
- At least 5 days’ notice shall be published to hold a meeting that was adjourned.
- An adjourned meeting when resumed shall only deal with matters outstanding on the agenda from which the meeting was adjourned.
- The National Secretary, on the instructions of the Executive Council shall prepare an agenda of the Annual or Special General Meeting and shall make it known to the members by publishing such agenda in the Unions Newsletter and also by inserting a notice of such agenda in one newspaper circulating in Fiji not less than 14 days before the meeting is due to take place. Newsletter to be- circulated to all members by email or Union’s website and other social media platforms if possible.
- Not less than 5 days’ notice of Special General Meeting shall be given by inserting a notice in one newspaper circulating in Fiji and an agenda showing the business of the meeting shall accompany such notice. Discussion at the Special General Meeting shall be limited to those matters contained on the agenda and decisions reached shall have the validity as decisions reached by the Annual General Meeting.
- Where any change in the rules of the Union is contemplated, such change shall be specifically stated in the agenda of the meeting.
- The quorum for all Annual and Special General Meetings of the Union shall be at least twenty per centum of the voting members of the Union. With the exception of decisions regarding any change of name of the Union, or the amalgamation with another Union, affiliation to any National Centre, election of office bearers, strikes and changes to rules, all other decisions taken at Annual or Special General Meetings will be valid if passed by a majority vote of all voting members present.
- Except where provided for in Rule 10 (s) voting will be by show of hands: Provided that if 50% or more voting members at an Annual or Special General Meeting request for a vote to be taken by secret ballot such vote must be by secret ballot.
- The National Secretary or other officer appointed for the purpose under Rule 10 (s) shall be responsible for issuing ballot forms. Ballot forms will be issued only to voting members.
- All ballot forms must be filled in at the place provided. They must not be signed by the person filling them in. They must be placed in the sealed ballot box provided for the purpose only by the person filling in the ballot form. The Executive Council or the Election committee will appoint persons to supervise and safeguard ballot boxes.
- Two or more scrutineers shall be elected at the Annual or Special General Meeting from members. The scrutineers will be responsible to the Executive Council or Election Committee for collecting ballot boxes and counting and checking ballot forms.
- All elections or other matters for decision by secret ballot at an Annual or Special General Meeting of the Union shall be held under the authority of the Executive Council or Election Committee appointed specifically for the purpose of the Executive Council.
- All decisions in respect of the following shall be conducted in accordance with Employment Relations Act 2007 and as prescribed by the Executive Council:
- election and dismissal of officers including Branch officers of the Union;
- election and dismissal of the Executive Council or any member thereof;
- the alteration of the rules of the Union;
- amalgamation of the Union with another Trade Union or similar body;
- all matters relating to strikes and lockout;
- dissolution of the Union;
- imposition of levies;
- the federation of the Union with any other trade union or with a trade Union Federation.
- The Annual or Special General Meeting called in conformity with the Constitution and Rules of the Union shall be the only authority to rescind, alter or add to any of those rules.
- All amendments to the Constitution and Rules of the Union shall be made in accordance with the provisions hereunder:
- A notice in writing (on prescribed form attached to this constitution) signed by at least five financial members of the Union, setting out the motion intended to be moved to add to, delete or amend any provision of the Constitution shall be sent to the National Secretary so as to reach him at least 21 clear days before the day fixed for such a meeting.
- The National Secretary shall call a meeting of the Executive Council and shall table all such notices, or motions received.
- The Executive Council shall cause to be published all such motions in accordance with the provisions of this Constitution.
- Amendments to the Constitution may, after they have been approved by such a meeting be published in the Union’s Newsletter or in such other manner as the Executive Council may determine from time to time. Such publication shall be deemed to have the same effect as if members were served with personal notices.
- The National Secretary shall submit all such amendments to the Registrar of Trade Unions within fourteen days of such a meeting.
- Unless expressly otherwise provided in the Constitution, motions for discussion and decision at an Annual or Special General Meeting shall be sent on the prescribed form attached to this constitution so as to reach the National Secretary at least twenty-one clear days before the day or such meeting.
- All motions received to be tabled at an Executive Council meeting before the date the AGM’s.
- Nominations for appointments to the Executive Council shall be on the prescribed form attached to this constitution.
- Such nomination shall be signed by at least five financial members of the Union, in the prescribed form known as form “A” or any other recognized prescribed form, with the consent of the nominee endorsed thereon, shall be forwarded to the National Secretary so as to reach him as prescribed by the National Executive.
- No member shall be accepted as a nominee
- who has been convicted of any crime involving fraud, dishonesty, or extortion, to an office bearers position of the Union;
- who, as an ordinary member or Member of the Executive Council, is currently being investigated for any breaches to the rules of the Union;
- who, as an ordinary member or Member of the Executive Council, has breached the rules of the Union as determined by the Executive Council;
- No person shall be nominated or accept appointment or be eligible to hold any office unless he is and has been a financial member of the Union for at least one year. Provided that, the offices of the National Secretary and the Treasurer may be filled by persons who are not members of the Union.
- No one person shall be nominated for more than one office, and where a person has signed his consent in the nomination form for more than one office his nomination shall be deemed to be void.
- Where no nomination is received for any office, such office shall be deemed to have become vacant after the election and the Executive Council shall have the power to fill such vacancy. On the instructions of the Executive Council, the National Secretary will send an expression of interest circular to unrepresented organization and 25% of members of the organization must sign in support of a member to be co-opted to the Executive Council.
- The power of the Executive Council stipulated in Rule 14 (f) above shall also apply where a position in the Executive Council is deemed to be vacant, during the term of that Executive Council.
- The government and administration of the Union and the conduct of its business in the periods between Annual General Meetings shall be vested in the Executive Council.
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The composition of the Executive Council shall be proportionally represented based on Union membership from financial institutions, Banks or other undertakings and as prescribed on the schedule below:
ScheduleMembers Reps Members Reps 1 – 100 1 101 – 200 2 201 – 350 3 351 – 500 4 501 – 650 5 651 and more 6 - Voting is thus done by representation ratio, 1 is to 50. (members/rep)
- One vote is to represent fifty members.
- Small organization with less than 50 members will have combine to make 1 vote or will have its vote in decimal places.
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The representatives thus elected, shall elect the following Office Bearers of the Union by secret ballot at a meeting specifically called for this purpose, in compliance with Rules 14 (d – f);
- A National President
- 3 National Vice Presidents
- National Treasurer
- Assistant National Secretary.
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Subject to above representations and positions of office bearers the remainder of the Executives will form the members of National Executive, and this will include the President of every branch of the Union.
- A branch President that has been transferred out of a Branch as a result of his employment shall immediately vacate his position as an Executive Council member and the position of President of that Branch. The Vice-President of the Branch will act in the position till the vacancy is filled.
- The vacant position of Branch President will then be filled according to procedures therein.
- The Executive Council shall meet at least quarterly. Not less than 50 per centum of the total number of members of the Executive Council shall form a quorum.
- Executive Council will be empowered to set Executive Council meeting dates. National Secretary on the instructions of the Executive Council will send out notices for Executive Council or Special meetings as and when required
- Executive Council members who fail to attend three consecutive Council meetings without the permission of the National President shall be dismissed from the Executive Council.
- Confirmation of attendance and apologies must be made in writing to the Secretariat with a copy to the National President.
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A by-election shall be held where an Executive Council position is vacant during the term of service; the following events will constitute a vacancy of an Executive Council Position;
- The Death of an Executive Council member;
- The Resignation of an Executive Council member;
- The Dismissal of an Executive Council member between two annual general meetings;
- Absent from Fiji for a period of more than three months.
- The Executive Council shall pursue the objects of the Union and shall protect its funds against extravagance or misappropriation. The Council shall give all necessary instructions as to the investments of the funds of the Union to such officers of the Union as are responsible for such matters.
- The Executive Council shall give instructions to the National Secretary and all other officers of the Union in regard to the conduct of the affairs of the Union. The Executive Council shall appoint employees as it considers necessary on such terms as it considers desirable.
- The Executive Council may appoint sub-committees as it considers to be necessary to assist with the administrative matters of the Union and prepare reports for endorsement by the Executive Council. The sub-committees must appoint a chairman who will circulate reports to Executive Council two weeks prior to the Executive Council meetings.
- The National Secretary in consultation with Office Bearers may suspend or dismiss any employee for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the Executive Council, or for any other reasons which goes against the interest of the Union.
- Any employee who is suspended or who is dismissed shall have the right of appeal to the Executive Council.
- Between Annual General Meetings the Executive Council shall, when necessary, interpret the Rules and determine any point which the Rules do not adequately cover.
- All officers and members of the Executive Council must be fully paid up with all subscriptions.
- The Executive Council shall have the power to open or close branches, subject to the approval of an Annual or Special General Meeting.
- The Annual or Special General Meeting shall determine the places at which branches shall be established. Only one branch may be established in any one place.
- A branch shall consist of twenty or more members and any branch in which the membership shall, for a period of six months or more, fall below ten (10) shall be disbanded and its members transferred to another branch.
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Each branch shall be governed by a Branch Committee. The Branch Committee shall consist of;
- Branch President
- Branch Vice President
- Branch Secretary
- The Branch Treasurer
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The Branch Committee shall meet not less than Four times a year.
- Any such meeting must be held Three weeks after an Executive Council meeting.
- The minutes of such meeting must be sent to all Executive Council members Two weeks prior to the next Executive Council Meeting.
- The Branch President must present a report on Branch activities at the Executive Council meetings and their feedback on matters arising at the last Executive Council meeting.
- The Quorum for a meeting at the Branch Committee shall be Five Financial members.
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A by-election shall be held where a Branch Committee position is vacant during the term of service; the following events will constitute a vacancy of a Branch Committee Position;
- The Death of Branch Committee member;
- The Resignation of a Branch Committee member;
- The Transfer of a Branch Committee member to another division;
- The Dismissal of a Branch Committee member between two annual general meetings;
- Absent from Fiji for a period of more than three months.
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The Secret Ballots for the election of Branch Committee members will be held in the manner described in Rule 11 hereof with the proviso that in so far as they may be applicable, the functions of the Executive Council and National Secretary set out there in shall be carried out by the branch Committee and the branch secretary respectively.
Further to the above, if the Branch Secretary position is vacant then any of the Branch Committee members shall take up the role respectively. - Each Branch situated at a distance of not less than 30 miles from the place at which the Annual General meeting is to be held shall be represented by the Branch Office Bearers.
- The Branch President shall preside over all business meetings of the branch and shall sign all minutes. He shall have a casting vote. He shall supervise the working of the branch and its officers and shall have the right to inspect all branch papers and books. He may call for committee or special meeting of the branch or of the Branch Committee to be called as and when he considers it to be necessary with prior consultation with the National Secretary and for valid reasons. He shall present a report and a finance report on Branch activities.
- The Branch Secretary shall conduct the business of the Branch in accordance with the rules and constitution of the Union. He shall carry out the instructions of the Branch Committee. He shall attend all branch and Branch Committee meetings and keep records of such meetings and shall have all the rights of a voting member. He shall furnish names of all branch members, copies of all minutes and copies of all correspondence to the National Secretary for record purposes.
- The Branch Treasurer shall be responsible to keep accurate records of all monies sent by Secretariat for Branch activities. He shall present a report of such monies received and expenses incurred to the Branch President for reporting at the Executive Council of the Union and inclusion in the Annual Accounts of the Union for presentation at the Branch AGM and the Suva AGM. He shall have the right to speak and to vote on all matters except financial matters.
- Annual or Special General Meeting may suspend any Branch for refusal to carry out rules or decisions of an Annual or Special General Meeting or of the Executive Council.
- Term in Office of Office Bearers
- The President of Union shall serve a term of Two (2) years and be eligible for re-election.
- The 3 Vice Presidents shall serve a term of Two (2) years and be eligible for re-election.
- The National Treasurer shall serve a term of Two (2) years and be eligible for re-election.
- The Assistant National Secretary shall serve a term of Two (2) years and be eligible for re-election.
- Office bearers and Executive Council members of the Union shall continue in office till the AGM or Special General Meeting scheduled for confirmation of new office bearers.
- Any office bearer during this term wishes to contest for another office shall resign from his current position prior to nomination date.
- Roles of Office Bearers
- The President, or in his absence one of the Vice Presidents, appointed by the President or in his absence, Executive Council, shall preside at all Annual or Special General Meeting and Executive Council meetings and shall be responsible for the proper conduct of business. He shall sign the minutes of each meeting after they are approved.
- With the assistance of the National Secretary and the Treasurer, he shall endeavor to secure the observance of the Union rules by all concerned.
- Any Vice Presidents shall, upon the appointment of the President, act in the President’s capacity at the Special/General meetings or Executive Council.
- The Assistant National Secretary shall assist or deputize for the National Secretary as required or in his absence and perform such duties as required by the National Secretary or prescribed by the Executive Council.
- The National Treasurer shall within his Tenure;
- Be responsible for the safety of all monies belonging to the Union and shall keep full and accurate accounts of all transactions conducted in the name of the Union.
- He shall prepare a financial statement for each meeting of the Executive Council and an annual statement of accounts for audit and for presentation to the Annual General Meeting.
- He shall have the right to speak and to vote on all matters except financial matters.
- On the request being made to him at the Annual General Meeting, or thereafter within one month of the receipt of such request, he shall give to every voting member of the Union free of charge a general statement of account all the receipts and expenditure of the Union.
- He shall in conjunction with the National Secretary or the President sign cheques on behalf of the Union.
- He shall deposit in the Bank appointed by the Executive Council all sums over $6.00, retaining the remainder in a safe place.
- He will not move or second any motion related to Finance Matters.
- Any Officer Bearer whose duties call for time services on behalf of the Union may be paid a salary, such to be determined by the Executive Council.
- Any Office Bearer whose duties involve financial responsibility shall provide such security as the Executive Council may require.
- Any Office Bearer would be deemed to have resigned from his position on the following grounds;
- The Death of an Office Bearer;
- The Resignation of an Office Bearer;
- The Dismissal of an Office Bearer between two annual general meetings;
- Absent from Fiji for a period of more than three months.
- When contesting another Officer bearer position.
- All Office Bearers must endeavor to secure the observance of the Union rules by all members and Executives.
- The National Secretary shall be appointed by secret ballot in accordance with the provisions of the Employment Relations Act 2007 and shall serve a term of 4 years. The National secretary shall be eligible for re-election.
- He shall be elected by all voting members of the Union in a manner prescribed by the Executive Council and in accordance with the Employment Relations Act 2007.
- The Criteria for the Nominees for the Position of National Secretary will be as follows:
- He may not be a member of the Union;
- He shall have some sound administrative skills;
- He shall have some Trade Union back ground;
- He shall have good working knowledge of all labor legislation and Subsidiary Legislations;
- he shall have sufficient and proven advocacy skills and experience to represent the union in trade disputes settling procedures;
- He shall have acquired a sufficiently high standard of literacy so as to enable him to perform his duties effectively and shall have qualifications in Industrial Relations and a Bachelor’s degree in a related field from a recognized tertiary institution;
- He shall not be convicted of any criminal or fraudulent activities prior to his nominations;
- He shall not be a bankrupt or have a receiving order against him.
- The Executive Committee shall not accept any nominations from persons who do not meet all the requirements of this Rule 18 (c) (i – viii) above or person(s) who do not accept the terms and conditions offered, or person(s) who have served in the position previously and who blatantly breached the Union’s Constitution rules during his/her tenure.
- The Executive Council shall prepare terms & conditions for the position of National Secretary before a notice is sent out for the position of National Secretary and which will be offered to candidates who meet the criteria set in Rule 18 (c) (i – viii) before a selection is made on the final list of candidates who can contest the position of National Secretary.
- In the absence of such nominee(s) the Executive Council shall be empowered to re-advertise the position.
- If after re-advertisement Executive Council is unable to find a suitable candidate, they will be empowered to accept nomination(s) suitable in the circumstances from applicants who meet the minimum qualifying requirements of at least having some qualifications in Industrial Relations, Administration and Human Resources.
- Duties of the National Secretary will be: –
- Conduct the business of the Union in accordance with the rules of the Union’s Constitution and shall carry out all instructions given to him by the Annual or Special General Meeting and by the Executive Council.
- Keep a register of all members.
- Attend all meetings of the Executive Council and shall record the minutes or as may be required by the Employment Relations Act 2007.
- Have the right to speak but not to vote.
- The National Secretary once appointed must conduct himself according to the Unions rules and standards and will sign a contract prepared by the Executive Council to include terms and conditions of employment, Code of Conduct and Secrecy Clause. Terms and conditions may be varied by the Executive Council as and when required.
- The National Secretary will report to the Executive Council.
The President with the assistance of the ANS shall call for nominations and organize the conduct of ballots as prescribed by the Executive Council.
- This Part contains rules and procedures of the usage of Union funds for official purposes. These provisions shall include any or all internal policies regarding the usage of Union funds.
- The funds of the Union shall be used solely for:
- The payment of salaries, allowances and expenses of officers of the Union;
- the payment of expenses for the administration of the Union, including audit of the accounts of the funds of the Union.
- the prosecution or defense of any legal proceedings to which the Union or any member is a party; when such prosecution for defense is undertaken for the purpose of securing or protecting any rights arising out of the relations of any member with his employer:
- the conduct of trade disputes on behalf of the Union or any members:
- the compensation of members for loss arising out of trade disputes;
- allowance to members or their dependents on accounts of death, old age, sickness, accidents or unemployment of such members;
- the payment of subscriptions, fees and contributions, necessary for affiliation to any trade Union Federation or other lawful Trade Union Organization in Fiji;
- allowances to members in distress through circumstances beyond their control;
- social insurance, medical aid, and supply of medicaments to members or their dependents and any incidental expenses thereof;
- expenses incurred on Union business by officers and members of the Union;
- the erection of any building or the purchase or lease of any building or land required for the purpose of the Union and for the rent, upkeep and furnishing thereof;
- contributions to any charitable, educational or cultural institution or society approved by the Registrar of Trade Unions;
- contributions, with the approval of the Registrar to any registered Trade Union for the purpose of assisting such Trade Union in financial difficulties;
- the educational cultural and vocational training of members as approved by the Registrar and any incidental expenses thereof;
- the organization of any theatrical, performance, concert, reception, dance sports meeting or excursion;
- the purchase of books, newspapers and other literature and the upkeep of a reading room for the use of members;
- the editing, printing, publication and circulation of any book, newspaper or other periodical, bulletin, pamphlet or other printed literature for the advancement of the lawful objects of the Union or the promotion of the interests of its members as such;
- the provision of social and welfare amenities for its members;
- any other object which by notification in the Gazette the Minister may, on the application of any trade union, declare to be an object for which such funds may be expended, such expenditure to be subject to such conditions as the Minister may be same or any subsequent notification direct.
- The Executive Council shall have the power to make internal policies to ensure good practice in applying the rules provided in Rule 20.
- The Executive Council shall exercise its discretion in investing Union funds in Government Securities or any other securities as it sees fit.
- The financial year of the Union shall commence on the 1st day of January of each year and terminate at the 31st of December the same year.
- All properties and assets of the Union shall be in the name of “FIJI BANK & FINANCE SECTOR EMPLOYEES UNION” or as decided by the Executive Council.
- All industrial agreements, deeds, documents of title, securities for money, mortgage or other instruments shall be executed under the common seal of the Union and such documents shall be deemed to have been duly executed if signed by the President and the National Secretary or such other persons as the Council may appoint to act on their behalf.
- The funds and properties of the Union shall at all times be vested in the Executive Council.
- The Executive Council shall have the power to borrow money to make loans or grants, to mortgage properties, to enter into guarantees and covenants and to grant or accept securities on such terms and conditions, as it deems fit.
- There shall be a Common Seal of the Union which shall contain the words – “FIJI BANK & FINANCE SECTOR EMPLOYEES UNION-COMMON SEAL”
- The Common Seal of the Union shall be in the custody of the National Secretary and shall be affixed to documents by direction of the Executive Council and shall in every case be attested by President and National Secretary of the Union.
- all money received or paid by the Union in respect of such scheme shall be accounted for in a separate fund;
- this will be administered in accordance with rules enacted for the purpose and which shall be approved by the Annual or Special General Meeting.
- The Executive Council may recommend that a levy by imposed upon all members of the Union provided that such levy shall not be imposed unless agreed to by a secret ballot held at the Annual or Special General Meeting.
- If any member fails to pay a levy imposed in pursuance of above rule within 3 months of its imposition, such member shall be regarded as being in arrears of subscription and shall cease to be entitled to any of the rights and privileges of a voting member.
- One or more auditors, who need not be members of the Union shall be appointed or elected at the Annual or Special General Meetings.
- The National Treasurer shall;
- cause all the accounts of the Union to be audited as soon as possible after the close of each financial year and at all other times when required by the Union or by law.
- Ensure that all books and accounts of the Union will be examined and a certification as to their corrections or otherwise be given by the auditor.
- Ensure that a report by the auditor will be made available to the members of the Annual General Meeting.
- A copy of the auditor’s report of Union funds shall be conspicuously placed at the office of the Union where it may be conveniently examined by any member.
- Any voting member will be allowed at any reasonable time to inspect the account books and the register of members. Applications to do so must be made to the National Secretary or Treasurer in writing.
- make the same known to the Branch Secretary of their branch or where applicable;
- who, then, shall immediately report the issue in dispute to the National Secretary;
- The National Secretary shall call for a meeting of the Executive Council who will deliberate and advise what action shall be taken to deal with the matter.
- The Union shall not be dissolved, except with the consent of two thirds or more of the total voting membership of the Union obtained by means of a secret ballot held at the Annual or Special General Meeting.
- In the event of the Union being dissolved;
- all debts and liabilities legally incurred on behalf of the Union shall be fully discharged, or;
- the remaining funds together with the proceeds of the sale of any assets of the Union (excluding any provident or welfare fund which may have been established) shall be divided amongst all voting members in equal proportion, and;
- Otherwise disposed of in accordance with a resolution passed at the meeting at which the dissolution was approved.
- When the Union is dissolved, notices of the dissolution signed by the National Secretary and seven voting members shall be sent by the National Secretary to the Registrar of Trade Unions within fourteen days of the date of the meeting on which the dissolution was agreed to.
- a secret ballot on the proposed amalgamation is conducted in accordance with the Employment Relations Act 2007;
- at least half the votes of voting members in the Union are cast and recorded;
- of such votes cast and recorded those in favor of the amalgamation exceed by one-fifth or more than the votes against the amalgamation.
No meeting of the Union shall be open to the press without the approval of the Executive Council and no report or account of matters dealt with at any meeting of the Union or otherwise shall be supplied to the press or public except with the approval of the Executive Council.