UNITE Constitution

1. Name

The Name of the organisation shall be Unite.

2. Aims and Objectives

(a) To protect and further the interests of members employed within the fast food and retail industries by carrying out any policy decided in accordance with these rules.

(b) To strengthen the voice of Unite members by recruiting employees within the fast food and retail industries to Unite

(c) To secure the best possible remuneration and working conditions for members.

(d) To represent and assist members with employment matters.

(e) To advance the professional recognition and standards of members.

(f) To enter into any relationship or affiliation to any organisation to advance the objects of Unite.

(g) To engage such staff and professional services as deemed necessary to provide a high standard of services to members.

3. Membership

(a) Any worker employed within the fast food or retail industries is eligible to apply to become a full member of Unite.

(b) Supporters of Unite who work outside the fast food and retail industries may apply for solidarity membership. Solidarity members have no voting rights and are not eligible to stand for positions within the union or attend UNITE AGM’s or SGM’s.

(c) Applications for membership must be submitted on the appropriate form to the Secretary or her/his representative. Applications are to be ratified by the Executive

4. Termination of Membership

(a) Any member wishing to withdraw from Unite may do so by giving the Secretary written notice of her/his intention and by paying all dues owing up to the expiry date of the notice.

5. Membership roll

(a) The registered office of Unite shall contain an up to date roll of the membership including contact details, occupation and joining date. The Executive shall carry out the duty of ensuring that the membership roll is kept current.

(b) The Executive shall purge the roll of membership by striking off the name of any member in arrears for 3 months in payment of any fee, subscription or levy payable under these rules.

6. Registered Office

(a) The registered office shall be at such place as the AGM or Executive may from time to time decide.

7. Governance

(a) Subject always to the decision of the members of Unite, made at the AGM or of a Special General Meeting (SGM), in accordance with these rules, Unite shall be governed by the Executive.

8. Annual General Meeting (AGM)

(a) The AGM shall be the chief governing body of Unite

(b) The AGM of Unite shall be held at such a time and place as the Executive shall decide. At least two week’s notice of the AGM, date and venue shall be given to members.

(c) All remits for consideration by the AGM shall be in the hands of the Secretary one week prior to the AGM

(d) Notice of the business to be conducted shall be advised to members at least one week unless the Executive determines otherwise.

(e) The AGM may fill casual vacancies of the Executive as per rule 18.

(f) A Special General Meeting (SGM) of Unite shall be called by the Executive in accordance with the procedure for the AGM. In addition not less than fifty members of Unite may require the Executive to convene a SGM of Unite. A SGM of Unite may only deal with the matters for which it is has been called.

(g) The quorum of the AGM or SGM shall be twenty financial members present.

(h) All questions at the AGM and SGM shall be decided on the basis of one vote for each financial member present on a show of hands. A majority of those members present may demand a secret ballot.

9. Executive

(a) The Executive shall comprise One President, one Vice President and two to twelve other members. All members of the Executive shall hold office until they resign or their successors are elected. They shall be eligible for re-election.

(b) The Executive shall elect a Secretary to manage the administration of Unite on such terms as the Executive deems appropriate.

(c) Secretary shall be responsible for receiving all monies, operating any bank accounts and making all payments for expenses incurred by Unite in conjunction with the Trustees as provided in Rule 15.

(d) The Executive shall be responsible for employing any staff or officers of Unite. The Executive will decide on the wages to be paid to any staff, but no member of staff or officer of Unite will be paid more than the average wage of a skilled worker in the fast food or retail industries.

10. Election of the Executive

(a) The Executive shall be elected by all financial members of Unite at the AGM.

(b) A Returning Officer shall be appointed by the Executive.

(c) All positions shall be elected for a term of one year.

(d) Nominations shall be called at the same time and in the same way as the calling of the AGM

(e) At least two weeks must be given from the calling for nominations to the closing of nominations.

11. Meetings of the Executive

(a) The Executive shall meet as determined by the Executive as required but no less than each two months. The Secretary shall call each meeting and advise all Executive members in writing of its agenda, time and place at least one week before the set date.

(b) The quorum of the Executive shall be a majority of Executive members.

(c) Decisions shall be made by a majority of Executive members present.

(d) Any financial member may attend any meeting Executive as an observer with the agreement of the Executive.

12. Removal of Officers and Position Holders

(a) All officers of Unite are subject to the right of recall, any officer or member of the Executive not performing her/his duties in a satisfactory manner, at a special meeting of the Executive convened for the purpose, be removed from office or position by a two third majority vote of the Executive.

(b) The officer or member concerned must have received an account in writing of the reasons for the contemplated dismissal and given the opportunity to address the meeting on the question. Any officer or member so removed shall have right of appeal to the AGM. If her/his appeal is upheld the meeting shall have the power to reinstate the officer or member to her/his position.

13. Finances

(a) The financial year of Unite shall be 1 July to 31 June.

(b) All moneys, lands, securities or property of Unite shall be deemed to be the property of Unite as a whole. The funds of Unite may be invested in the name of Unite in a manner approved by the Executive.

(c) The annual report, income and expenditure accounts and the balance sheet, together with the auditor’s report on the accounts shall be presented to the AGM. In addition all such reports shall be made available to any financial member of Unite on request.

14. Fees and Levies

(a) Subject to the approval of the AGM the Executive shall set fees for all members at a sufficient rate to ensure the financial viability of Unite, and to enable Unite to meet all commitments as required by the decisions of the AGM.

15. Trustees

(a) Two trustees shall be elected by the AGM and they, together with the Secretary, shall control the funds belonging to Unite.

16. Auditor

(a) An auditor shall be appointed by the AGM. The auditor shall audit the accounts of Unite once each year and all the books and vouchers shall be submitted to her/him by the Secretary. An auditor shall be eligible for reappointment.

17. Inspection of Books

(a) Any member of Unite may inspect the books of Unite at a reasonable time, having first given the Secretary two weeks notice.

18. Casual Vacancies

(a) Should any office or position not be filled or become vacant for any reason, a member may be co-opted by the Executive to fill that position. Any person so appointed shall hold office until either an election is called in accordance with the rules or the next AGM; whichever is due first.

19. Representation

(a) The Executive may appoint any person to be an authorised agent of Unite to carry out any such functions as the Executive shall determine.

20. Authority to Enter into Agreements

(a) Unite may enter into agreements with any employer or employers relating to any matter affecting members of Unite. No such agreement (other than a collective agreement made with all parties present) shall be made until a meeting of the members covered by the agreement have carried a resolution in favour of its proposed terms. The Executive shall have the authority to enter into any other legal agreements.

21. Publications

(a) The Executive shall communicate with members advising of casual vacancies, AGMs, special meetings, the calling of nominations for all positions, reports, accounts, alterations to rules, details of all elections and any other official notice or report required to be given to each member under these rules.

(b) In addition to the above and subject to finance, the Executive shall endeavour to initiate a regular communication to members to further their education in Unite matters and to expand mutual support between and amongst groups of workers.

22. Seal

(a) Unite shall have a seal, which shall be kept by the Secretary. It shall be affixed to any legal document of Unite requiring it by the Secretary. It shall not be affixed to any other documents except pursuant to the resolution of the AGM. Agreements and any other legal documents shall be made and executed on behalf of Unite by the officers of Unite. The seal shall not be altered or renewed except by resolution of the AGM.

23. Alteration to the Rules

(a) These rules may be amended, struck out or added to by a majority vote of the members present at the AGM or a SGM called for such a matter.

24. By-Laws

(a) The Executive may make by-laws not in conflict to these rules and in conformity with the policies of Unite.

25. Supply of Information

(a) The Secretary shall supply on request to any financial member a copy of Unite’s rules; any amendment to the rules; or a copy of any resolution passed at any general or special meeting of Unite or the Executive.

26. Matters Not Provided For

(a) Any matter not provided for in these rules may be determined by a two-thirds decision of members of the Executive or the Executive may refer such matter to the AGM or a SGM for decision.