AIMPE Rules
(updated 20 02 24)
Special Meeting to consider Rule Changes
Federal Council members have voted to approve a range of rule change proposals to update the AIMPE rules. As a result, the next step in the AIMPE rule-changing process is for a Special Meeting of the Institute to be held. The Federal Executive has decided that the Special Meeting will be held in conjunction with the February monthly meetings around the country. The Special Meeting will be on 27th February 2024 and the purpose is for the members in attendance to consider the rule change proposals and either approve or reject the proposals.
Nine proposed rule changes will need to be considered by the Special Meeting on 27th February.
Some of the proposals involve updating the rules e.g. by including new vessel types not included in AIMPE’s current rules or by reflecting current administration practices e.g. central fees collection. Other proposals deal with clarifying the AIMPE rules e.g. eliminating ambiguity in the quorum rule.
The nine rule changes to be considered by the Special Meeting on 27th February are:
Special Meeting Notice of rule change proposal re Rule 3 additional vessel types
Special Meeting Notice of rule change proposal re Rule 12 Branches
Special Meeting Notice of rule change proposal re Rule 13 Branch Meetings
Special Meeting Notice of rule change proposal re Rule 14 Registered Head Office
Special Meeting Notice of rule change proposal re Rule 20 Federal Funds
Special Meeting Notice of rule change proposal re Rule 21 Branch Funds
Special Meeting Notice of rule change proposal re Rule 23 Duties of Auditors
Special Meeting Notice of rule change proposal re Rule 24 Property of the Institute
Special Meeting Notice of rule change proposal re various rules
Note: The proposal to change Rule 27 is not being presented to the Special Meeting because the wrong version ws circulated to Federal Council. The correct amended proposal will need to be circulated again to Federal Council.
Rule Change proposals
Ten proposals to change the AIMPE Rules have been circulated to Federal Council members following approval by the Federal Executive. This is the first round of changes - there will be a second round to be considered after the conclusion of this round. The Federal Councillors have 60 days notice to consider the proposals.
The rule changes which are approved by the vote of the Federal Council members will then be presented to a Special Meeting of the Institute. All proposed rule changes are subject to the endorsement of the membership at a Special Meeting.
Here are the ten proposals to change the current AIMPE rules:
Notice of rule change proposal re Rule 3 additional vessel types
Notice of rule change proposal re Rule 20 Federal Funds
Notice of rule change proposal re Rule 21 Branch Funds
Notice of rule change proposal re Rule 23 Duties of Auditors
Notice of rule change proposal re Rule 24 Property of the Institute
Notice of rule change proposal re Rule 27 Proposal of Candidates for Membership
Notice of rule change proposal re Rule 12 Branches
Notice of rule change proposal re Rule 13 Branch Meetings
Notice of rule change proposal re Rule 14 Registered Head Office
Notice of rule change proposal re various rules
Rules Committee
At the recent Federal Council meeting it was decided to establish a committee to oversee a cleanup and redrafting of the current rule book. All changes will be done according to our current rules. Paddy Francis (Newcastle Federal Councilor) has been chosen to convene the committee and will hopefully be assisted by some members of the AIMPE. The committee wil be taking rule change suggestions from any member by means of a suggestion form or via email to Paddy directly. There will be two rounds of suggestions which will line up with the requirement for Federal Councilors to have any rule changes for 60 days and then make it in time for the December MDM (Supplementary Meeting) and the my MDM (AGM). this way any proposed changes will still be voted by members at these two meetings.
If any member would like to nominate for inclusion on the committee, please email Paddy on the address below. All nominations will be forwarded to the FEX for a decision on how many members and who will be a part of it.
See the Timeline document for a full timeline of events. The major dates for members suggestions is 1 Sep 23 and 1 Feb 24. A suggestion form has been added to assist the committee, but an email is fine.
Rule Change Suggestion Form.docx
AIMPE Rules Timeline
2023
27 Jun - Zoom into MDM to introduce what is happening
- Upload documents to the AIMPE Website, Facebook for members to access
31 Jul - Volunteers for Rules Committee close
25 Jul - Branches can discuss at MDM
Paddy to be available to zoom in if any branch wants to discuss any item
1 Sep - Cut-off date for round 1 suggestions
Discuss with committee members regarding the suggestions submitted and formulate proposals
14 Sep - Date for release to Federal Councillors for vote
14 Nov - 60 days notice expired, voting period commences
30 Nov - Voting finished for councillors
Dec - Voting at the Dec MDM (Supplementary Meeting)
2024
1 Feb - Cut-off date for round 2 suggestions
Discuss with committee members regarding the suggestions submitted and formulate proposals
14 Feb - Date for release to Federal Councillors for vote
14 Apr - 60 days notice expired, voting period commences
30 Apr - Voting finished for councillors
May - Voting at the May MDM (AGM)
Current AIMPE Rules
(uploaded 09 05 23)
AIMPE is a trade union and is a registered organisation under the Fair Work (Registered Organisations) Act 2009.
To download a copy of the registered AIMPE Rules as at 9th May 2023, including the new videoconference rule Rule 19A, click here:
Videoconference rule change approved!
(uploaded 09 05 23)
The Fair Work Commission has approved the AIMPE videoconference rule change.
Here is the decision issued on 9th May 2023:
R2023-4 AIMPE Decision 09 05 23.pdf
The rule change is now in force and so the May Monthly meetings, and all future meetings, will be able to be conducted under the videoconference rule.
Members participating by videoconference will be counted as full participants in the meeting and will be able to vote on all issues arising at the meeting.
Videoconference rule change awaiting FWC approval
(uploaded 13 03 23)
Unfortunately the rule change proposal to allow videoconference and teleconference meetings on a permanent basis is still with the Fair Work Commission (FWC) awaiting approval.
The request to register the videoconference rule change was lodged with the FWC on 19th January 2023.
An objection was lodged with the FWC claiming that the rule change was lodged contrary to AIMPE Rules.
This boils down to the decision of the Federal Executive to re-submit the proposal to the December 2022 special meeting after the proposal was supported by 3 Branches and opposed by 1 Branch in August 2022. 2 Branches failed to get a quorum in August 2022. The objector asserts that the Executive is not allowed to re-submit a rule change proposal.
In December 2022, 4 Branches voted in favour which satisfies the requirements of the rules that a majority of Branches have to vote in favour of a proposal that affects the Institute in general.
AIMPE has responded to the complaint made by the objector and asked the FWC to approve the change so that the March monthly meetings can be held using videoconferencing and allowing remote members to participate fully in Monthly meetings including being allowed to proposed resolutions and to vote.
Special Meeting to consider videoconference rule change
(uploaded 22 07 22)
The rule change proposal to allow videoconference and teleconference meetings on a permanent basis will be presented to a Special Meeting of the Insitute on 30th August 2022 at the usual meeting locations (Port Adelaide meeting will be on 6th September).
The notice for the rule change is here:
Federal Council endorsed videoconference rule change
(uploaded 22 07 22)
The FederalCouncil has endorsed the rule change proposal to allow videoconference and teleconference meetings on a permanent basis.
The deision was a unanimous one and is just part of the continuous process of improving AIMPE's accessibility to promote participation.
Under AIMPE's rules this proposed change now has to be presented to a Special Meeting for consideration.
If the Special Meeting endorses the change then it can be filed with the Fair Work Commission for approval.
New Videoconference rule change proposed
(uploaded 16 03 22)
The Federal Executive has given notice to all Federal Councillors of a rule change proposal to allow videoconference and teleconference meetings on a permanent basis
The rule change is based on the COVID-19 pandemic rule which introduced videoconference and teleconference options into the rules during the pandemic. This now appears as a schedule to the AIMPE Rules however it only applies as long as the pandemic continues. The new rule change will allow videoconference and or teleconference participation in meetings as a normal method of particpation.
Here is the notice of the proposed rule change as provided to Federal Council members on Monday 14th March:
Dear Federal Council members,
This is to give you notice that the following proposed amended rule change will be submitted to a ballot of Federal Council members in accordance with the rules of the AIMPE.
“THAT a new rule be inserted after rule 19:
“Rule 19A
(iv) Notwithstanding any other provision in these rules, a meeting of collective bodies or members of the Institute may be held in the manner prescribed by this rule. Any meeting so held will be considered to be a valid meeting held in accordance with these rules.
(v) A meeting under this rule may be attended:
(a) in person;
(b) by electronic communication, including via videoconference or teleconference; or
(c) by a combination of means set our above;
so long as all participants can communicate freely, hear, and be heard by one another.
(vi) Proxies may not be used except as the rules otherwise permit.
(vii) A meeting held under this rule may be held in more than one place.
(viii) Clause 19A(vii) applies except for meetings of Federal Council or Federal Executive and meetings under Clause 19A(vii) may be held as a series of meetings at different locations. A meeting held as a series of meetings is taken to have occurred at the time of the last of the meetings in the series. For the sake of clarity Federal Council and Federal Executive meetings may be attended in accordance with 19A(v) above.
(ix) Procedural rules that relate to the calling and holding of meetings continue to apply. This includes but is not limited to rules that deal with the giving of notice, the amount of notice given, any required form of notice and accompanying documents, quorum, proxies and who chairs the meeting. This does not apply where a valid email address is held for an attendee, notice of the meeting may be given via email, to the extent not otherwise permitted by these rules.””
.
Current AIMPE Rules
(updated 31 01 22)
AIMPE is a trade union and is a registered organisation under the Fair Work (Registered Organisations) Act 2009.
To download a copy of the registered AIMPE Rules as at 25th January 2022 click here:
AIMPE Rules as at 25 01 22.pdf
Fair Work Commission approves further rule changes
(uploaded 31 01 22)
The seven further rule changes to update the AIMPE Rules have been approved by the Fair Work Commission - after the correction of a number of small typographical errors. These rule changes were all appproved by the AIMPE Federal Council and endorsed by AIMPE Special Meetings in the middle of last year.
Further rule changes approved by Special Meeting
(uploaded 23 08 21)
Seven further rule changes to update the AIMPE Rules have been approved at the Special Meeting of the Institute which was held on 27th July.
These proposed rule changes were approved by the 2021 Federal Council meeting in Fremantle, WA, in June.
An application has been submitted to the Fair Work Commission seeking final approval of the rule changes.
Special Meeting on 27th July to consider seven further rule changes
(uploaded 15 07 21)
Notice is given to all AIMPE members that there will be a Special Meeting of the Institute on 27th July to consider seven further rule changes to update the AIMPE Rules.
These proposed rule changes were approved by the 2021 Federal Council meeting - see below.
The Special Meetings will be held in the usual Branch meeting venues and will be held in conjunction with the usual Monthly Meetings.
NOTE: Due to the current COVID-19 restrictions in the Greater Sydney region, the Sydney Branch meeting will be an online meeting conducted by videoconference.
Sydney Branch members will be separately notified by email and provided with the link to join the meeting.
.
Seven further rule changes approved by Federal Council
(uploaded 15 07 21)
The 2021 Federal Council approved seven further rule changes to update the AIMPE Rules.
This set of rule changes was originally approved in 2019 in order to bring some of the AIMPE Rules up to date and to address some issues identified by the Australian Electoral Commission with certain provisions of the AIMPE election rules. Those rules changes were endorsed by AIMPE members at a Special Meeting in 2019 and then filled with the Fair Work Commission.
However in 2020 the FWC declined to approve the rule changes on a technicality - that the AIMPE Rules did not contain a quorum provision for the holding of Special Meetings. That issue was rectified by adopting a specific Special Meeting quorum provision which was approved in earliy 2021. The quorum provision is that the quorum of the Special Meeting in each location is the same as the Monthly Meeting quorum - a minimum of seven members.
The seven rule changes approved by the 2021 Federal Council can be read in the following document:
Seven Rules changes approved by 2021 Federal Council.pdf
Fair Work Commission approves AIMPE COVID-19 rule changes
(uploaded 11 06 21)
The Fair Work Commission Acting General Manager has approved the rule change to insert a schedule of COVID-19 rule changes into the AIMPE Rules. An important consequence of the rule change is to formally confirm that participation in meetings by videoconference or teleconference is acceptable:
The alterations will allow the Institute to conduct its meetings remotely
in the event that a member or members of the Institute does not have capacity to attend the
meetings in person because of COVID-19 related restrictions. An important practical
consequence of the alterations is that a greater number of Federal Councillors will be able to
participate in next week’s meeting.
As well as the use of electronic communications the rule change will allow the following changes during the COVID-19 pandemic:
- facilitates the holding over in office in circumstances where the conduct of an
election is delayed;
clarifies when a person takes up office in the event of a delayed election;
permits the use of electronic signatures of documents under the Institute’s Rules;
provides flexibility in the conduct of elections by permitting postal and electronic
voting; and
adopts the Institute’s financial accounts.
The decision in full can be read here:
Decision_re_rule_change_COVID19_schedule_F010D877053AF9DEC6021806288454C34356_docx.pdf (127.71 KB Fri Jun 11 16:35:47 2021)
COVID-19 rule changes endorsed by Special Meeting
(uploaded 01 06 21)
The Special Meeting of members held in the AIMPE Branches around Australia has endorsed the proposed rule change to insert a schedule of COVID-19 rule changes into the AIMPE Rules.
The endorsed rule change has been submitted to the Fair Work Commission for its approval.
Here is the endorsed rule change:
Attachment_A_AIMPE_COVID-19_rule_change_Schedule_A_as_endorsed_by_special_meeting.pdf
Notice of Special Meeting to endorse COVID-19 changes
(uploaded 13 05 21)
On 25th May 2021 there will be a Special Meeting of the Institute to endorse the schedule of COVID-19 rule changes which have been approved by vote of the members of Federal Council. All financial members of the AIMPE are invited to attend the Special Meeting - at the usual Branch locations.
The original schedule was prepared by the ACTU in conjunction with the Fair Work Commission to assist unions to cope with the difficulties created by the covid-related restrictions on travel and gatherings. The changes will, among other things, permit:
attendance at Monthly and other meetings by videoconference;
changes to election procedures where necessary;
acceptance of electronic signatures for documents.
The original proposed schedule of COVID-19 rule changes was amended by the Federal Councillors and so the final version of the rule change is as follows:
Proposed_AIMPE_covid-19_rule_change_Schedule_A_as_amended_clean_22_04_21.pdf
All members are encouraged to attend the Special Meeting - which will be held on the same day as the Monthly Meeting.
(Note: the Annual General Meeting will also be held on 25th May.)
Notice of seven rule changes
(uploaded 18 02 21)
On 17th February formal notice was given to Federal Council members of seven proposed rule changes.
Under the rules 60 days notice is required before a vote of Federal Council may be held – rule 38(iii).
The proposed rule change is based on the proposed rule changes that were previously circulated to Federal Council members in 2019.
Here is a copy of the notice given to Federal Councillors explaining the changes:
Notice_of_seven_proposed_Rule_changes_2021.pdf (100.67 KB Thu Feb 18 14:51:19 2021)
Here is the text of the proposed seven rule changes:
Rule_change_proposals_from_Federal_Executive_meeting_16_02_21.pdf (169.26 KB Thu Feb 18 14:53:01 2021)
In accordance with AIMPE Rules, if the Federal Council members approve of these rule changes then the changes approved will be submitted to a special meeting of members for approval.
Notice of COVID-19 related rule change
(updated 09 02 21)
On 28th January formal notice was given to Federal Council members of a proposed COVID-19 related rule change.
Under the rules 60 days notice is required before a vote of Federal Council may be held – rule 38(iii).
The proposed rule change is based on the draft that was previously circulated to Federal Council members in December 2020.
That draft was produced by the Fair Work Commission in consultation with the ACTU.
The proposed rule change includes a number of provisions which would apply during periods when COVID-19 related restrictions to gatherings or movement apply and when the AEC has indicated that it is unable to conduct elections in accordance with the AIMPE rules.
The adoption of the rule change would allow for members to participate in meetings by videoconference.
The proposed rule change also includes provision for elected officials to continue in office until their replacement is elected and also allow for the AEC to conduct elections that are required to be in person to be held by postal ballot of electronically.
Here is a copy of the proposed rule change:
Proposed_AIMPE_covid-19_rule_change_Schedule_A.pdf (137.92 KB Tue Feb 9 12:41:22 2021)
In accordance with AIMPE Rules, if the Federal Council members approve of these rule changes then the changes approved will be submitted to a special meeting of members for approval.
Current AIMPE Rules
(updated 15 01 21)
AIMPE is a trade union and is a registered organisation under the Fair Work (Registered Organisations) Act 2009.
To download a copy of the registered AIMPE Rules as at 14th January 2021 click here:
AIMPE_rule_book_2021-1-14.pdf (243.63 KB Fri Jan 15 14:47:04 2021)
AIMPE special meeting quorum rule change approved
(updated 15 01 21)
The Fair Work Commission has approved the AIMPE rule change regarding the quorum provisions for special meetings.
This application was lodged in August 2020 after Fair Work declined to approve AIMPE's previous rules update because of what FWC regarded as a critical flaw in the AIMPE rules.
A copy of the decision approving the special meeting quorum changes can be found here:
The_Australian_Institute_of_Marine_and_Power_Engineers_R2020_127____14_01_21.pdf (191.57 KB Fri Jan 15 14:54:16 2021)
As a result of the decision AIMPE will now be able to proceed with the previous rule changes.
AIMPE rule change - re special meeting quorum
(updated 21 08 20)
The AIMPE Federal Council has approved a change to the AIMPE Rules to insert new provisions into Rule 19 relating to quorum provisions for special meetings.
The application has been submitted to the Fair Work Commission.
Here is a copy of the application:
AIMPE_application_to_change_rules_re_special_meeting_quorum__21_08_20.pdf (301.86 KB Fri Aug 21 16:26:15 2020)
Rule changes previously approved by AIMPE Federal Council and special meetings of members and submitted to the Fair Work Commission were not approved because the FWC was concerned about
the lack of quorum provisions for special meetings.
The FWC has advised that the previous rule changes will have to be re-considered and re-submitted once the special meeting quorum rule change has been approved.
AIMPE rule changes - special meeting cancelled
(updated 16 12 19)
This is formal notification to all members of the cancellation of the special meeting previously set down for 17th December [18th in Brisbane and Port Adelaide].
The special meeting previously notified cannot go ahead as it would not be in compliance with the requirements of our rule change rule.
The necessary newspaper advertisement did not appear in The Australian last week.
We will ned to re-schedule in the New Year.
AIMPE rule changes - second round of proposals under consideration
(updated 04 11 19)
While approval is still awaited from the Fair Work Commission for the first round of 2019 rule changes, a second round of rule changes is under consideration by the AIMPE Federal Councillors.
These are the second round of proposed rule changes which were endorsed by the Federal Executive were sent to Federal Councillors for the 60 day consideration period on 19th September 2019:
NOTICE_of_FURTHER_RULE_CHANGE_PROPOSALS_19_09_19.pdf (298.36 KB Mon Nov 4 09:12:40 2019)
Federal Councillors will be asked to vote on the 18 proposals once the period of 60 days notice has concluded.
After the vote of the Federal Councillors, all of the rules changes which gain their approval will then be submitted to the Special Meeting of members that will be held on 17th December 2019.Financial members of AIMPE will have the right to discuss and vote on the rule changes that gain the approval of the Federal Councillors.
NOTE: The Queensland Branch Executive has requested that the December meeting for the Queensland Branch be held on Wednesday 18th December. The reason for the request is that there are no Branch officials available on Tuesday 17th December. This change of date has been approved by the Federal Executive. Queensland Branch Members are advised that the monthly meeting for December will be held on Wednesday 18th December and that this meeting will be a Special Meeting to consider the proposed rule changes that have been approved by ballot of the members of Federal Council.
AIMPE rule changes lodged with Fair Work Commission
(updated 23 08 19)
The changes to six of the rules of the AIMPE which were approved by Special Meetings in May have now been lodged with the Fair Work Commission.
The declaration relating to the rules changes can be found by following the link below:
Declaration_re_AIMPE_Rule_Changes_23_08_19.pdf (766.31 KB Fri Aug 23 12:31:47 2019)
.
AIMPE rule changes approved by special meeting
The AIMPE Special Meetings held in May approved changes to six of the rules of the AIMPE.
The results have been tabulated in the following summary document:
Special_Meeting_Rule_Change_Vote.doc (101.50 KB Fri Aug 23 12:27:04 2019)
AIMPE rule changes - special meeting
(updated 24 05 19)
The AIMPE Federal Councillors have approved changes to six of the rules of the AIMPE - now it is up to members to endorse the rule changes.
Special meetings will be held next Tuesday 28th May in Brisbane, Newcastle, Sydney, Melbourne and Fremantle at the usual Branch monthly meeting venues.
The meeting in Port Adelaide will be held on 30th May in conjunction with the monthly meeting previously advised to SA Branch members.
Some of the Rule changes are priority matters because AIMPE has been asked to address shortcomings by the Australian Electoral Commission.
Others have become necessary as some rules have simply become out of date.
Members are advised that the AIMPE Federal Councillors did not approve one of the proposed rule changes (Proposed Rule Change 2).
Here is the explanation that was provided to the Federal Councillors in March when they were given the required 2 months notice of the proposed changes:
Notice_of_proposed_Rule_changes_2019.pdf (98.01 KB Fri May 24 09:58:24 2019)
The first rule change approved is below:
Approved_RULE_CHANGE_1_re_33A_i_and_ii.pdf (81.11 KB Fri May 24 10:01:14 2019)
The second rule change approved by Federal Councillors is below:
Approved_RULE_CHANGE_3_re_Rule_12.pdf (77.95 KB Fri May 24 10:02:05 2019)
The third rule change approved by Federal Councillors is below:
Approved_RULE_CHANGE_4_re_Rule_9.pdf (78.19 KB Fri May 24 10:02:55 2019)
The fourth rule change approved by Federal Councillors is below:
Approved_RULE_CHANGE_5_re_Rule_15.pdf (76.07 KB Fri May 24 10:03:52 2019)
The fifth rule change approved by Federal Councillors is below:
Approved_RULE_CHANGE_6_re_Rule_30.pdf (75.24 KB Fri May 24 10:04:37 2019)
The sixth rule change approved by Federal Councillors is below:
Approved_RULE_CHANGE_7__re_Rule_40.pdf (73.43 KB Fri May 24 10:06:03 2019)