Constitution for the

Un(der)employed People’s Movement against Poverty (UPM)

Name:

The name of the organisation shall be ‘Un(der)employed People’s Movement against Poverty’ abbreviated UPM against Poverty. The organisation will be hereinafter referred to as UPM.

Powers:

2.1 The powers of the Association shall be the powers contained in Section 25 of the Association Incorporations Act, and without limiting those powers, the Association shall be entitled to hold real or personal property, open and operate bank accounts, invest in trustee securities, and enter into any necessary or desirable contract, including a contract of employment.

Further the Association ‘UPM’ shall have the following powers:

To join, co-operate or network with any person, club, association, body or society, in any act, matter or thing, which may be conducive to the attainment or performance of the Objects of UPM;
To act on behalf of members on any matters as may be authorised by a General Meeting; and
Generally to do all such other things as are incidental or conducive to the attainment and protection of the Objects of UPM.

3. Income and Property:

The income and property of UPM shall be applied solely towards its administration and the promotion of its Objects, and no portion thereof, shall be paid, transferred or distributed directly or indirectly to any of its members, provided that UPM, may in good faith, pay to an Officer or employee of the Association, or, to a member of the Association, or any other body, corporation, or person, remuneration in return for bona fide services actually rendered to the Association, or for goods supplied by any such employee, member, body, corporation or person, in the ordinary course of business.

Objects:

UPM’ objectives are as follows:

Engender empowerment for and give a voice to un- and underemployed people and those in the community who are on low wages and at risk of or currently are excluded from full participation in society and their communities on the grounds of their economic situation;

Act as a gateway of information distribution by informing the wider public about the plight of under- and unemployment and living on low incomes by:

establishing and maintaining a web site with resources, links and relevant documents,

publishing of a newsletter,

publishing and distributing other relevant documents as needed,

establishing and maintaining a flow of information and responses to the media, organisations, politicians and the wider Australian community about issues of concern for UPM’s constituency;

organise events and meetings to enable un- and underemployed people to come together and discuss issues of their concern, and/or to review policies and regulations affecting their lives with a view to make submissions, and/or submit research results to raise awareness about the position of UPM’s members in the wider community;

assist and advise individuals experiencing problems with government agencies or other non-government organisations in regards to income support, jobsearch and other assistance;

actively participate in policy planning and decision making processes concerning un- and underemployed people and others living on a low income;

pro-actively establish networks with other community based organisations working on behalf of UPM’s membership, nationally and internationally, with the purpose of establishing a wide and varied network supporting the fight against unemployment and poverty;

undertake small research projects and other consultative work to support the work undertaken by government and other organisations in support of people on low incomes,

undertake any kind of business activity springing forth from UPM’s engagement in the wider community as a means to employ long term unemployed people and fund UPM’s activities.

Membership:

There are two classes of membership: organisational membership and individual membership. Individual and organisational membership is open to all who want to support the Objects of this Constitution. By agreement with the Management Committee contra memberships can be negotiated.

Membership shall cease when a letter of resignation is received by the Secretary of UPM or for any other reason outlined in other parts of this constitution (i.e. non-payment of membership fees).

All members shall have their names, places of abode and membership status entered in a register kept for that purpose. All organisations have to nominate a representative and proxy, whose names shall be made known by a letter from that organisation addressed to the Secretary of UPM which will be filed in the Membership Register.

6. Resignation:

A member may resign from membership of the Association by giving written notice to the secretary or public officer of the Association. The resignation must be processed at the next Management Committee Meeting. Any member so resigning shall be liable for any outstanding membership fees (paid per annum and due on the January 31 each year), which may be recovered as a debt due to UPM.

7. Expulsion of a Member:

Subject to giving a member an opportunity to be heard or to make a written submission, the Management Committee may resolve to expel a member upon a charge of misconduct detrimental to the interests of UPM.

Particulars of the charge shall be communicated to the member at least one calendar month before the meeting of the Management Committee at which the matter will be determined.

The determination of the Management Committee shall be communicated to the member, and in the event of an adverse determination the member shall cease to be a member 14 days after the Management Committee has communicated its determination to him/her.

It shall be open to a member to appeal to UPM in general meeting against the expulsion. The intention to appeal shall be communicated to the secretary or public officer of the Association within 14 days after the determination of the Management Committee has been communicated to the member.

In the event of an appeal under section 7.4 the appellant's membership of UPM shall not be terminated unless the determination of the Management Committee to expel the member is upheld by the members of UPM in general meeting after the appellant has been heard, and in such event membership will be terminated at the date of the general meeting at which the determination of the Management Committee is upheld.

8. Membership Fees:

8.1 The Inaugural Meeting determined the imposition of a membership subscription and from then on Management Committee may recommend to an Annual General Meeting to change the membership fee if it considers it warranted.

Membership subscriptions payable by members shall be determined from time to time by resolution passed at an Annual General Meeting upon recommendation from the Management Committee.

Subscriptions shall be regarded as being in arrears if unpaid thirty (30) days after the date of service, by the Secretary or Treasurer, of request for payment.
Only members of more than 30 days standing are eligible to vote at any other than the Inaugural Meeting of the Association.
Any member whose subscription is ninety (90) days or more in arrears shall lose the rights of membership provided that the Management Committee may, at its discretion, extend the time for payment for subscriptions.

9. Annual General Meeting

There shall be an Annual General Meeting held in October/November of each year. This date may be altered by a three fourth majority decision of the Management Committee but not after July of the year it is to be changed and the new date has to be set not more than 15 months later after the previous Annual General Meeting.

The Annual General Meeting has the power to

resolve any matters brought before it for consideration by either the Management Committee, any subcommittee or individual or organisational members;

consider, and either accept or reject the financial End of Year Report and the Budget for the following year;

elect Office Holders and Members to the Management Committee and appoint a Public Officer;

amend, alter or add to these rules, in accordance with these rules.

3. The order of business at the Annual General Meeting shall include confirmation of the Minutes of the previous Annual General Meeting and any Special General Meetings held since such Annual General Meeting;

Business arising from the minutes;

The President's Report;
Annual Financial Statement;
Auditor's Report;
Membership Report.
Election of Office Bearers whose term of Office has expired; and

business of which notice has been given.

b. Fifteen members shall form a quorum at the Annual General Meeting.

10. General Meetings:

1. There shall be a General Meeting once a month at a date agreed to by a majority of members of the Management Committee.

General Meetings have the power to decide on the day to day management issues and plan future strategies. They are the forum to give direction to and review the ongoing work of the Management Committee.

Seven members shall form a quorum, which needs to include at least three members of the Management Committee.

11. Special General Meetings:

Special General Meetings shall have all the powers of the Annual General Meeting and no business shall be conducted at such meetings save that for which the meeting has been called.

A Special General Meetings can be called by either a petition from eight (8) members or any General Meeting or any Annual General Meeting or the Management Committee through a three-quarter majority vote of all elected Management Committee Members.

The Secretary of UPM has to receive written notice at least fourteen (14) days before the planned meeting outlining the nature of the business to be conducted and/or any proposals to change the constitution clearly spelled out;

Fifteen (15) members shall form a quorum.

12. Management Committee:

1. The Management Committee shall consist of the five office holders

the President

Vice-President

Secretary

Treasurer

Public Officer

and at least two but not more than six other members, which should if reasonable, include nominated representatives of the regional branches of UPM and conveners of any of UPM’s subcommittees, once they are established:

The Management Committee shall be elected at the Annual General Meeting, The Management Committee is responsible for the management of the short and long term affairs of UPM, subject to the decisions and directions of the Annual General Meeting and General Meeting and established policies of UPM;

Meetings of the Management Committee are to be held at least once a month and may be combined with the monthly General Meetings, in which case all standing members may vote. Both meetings are open to all members, however, only elected Management Committee members can vote in clearly defined Management Committee meetings.

Casual vacancies on the committee can be filled by appointment of a General Meeting;

Term of office for Management Committee Members is from the Annual General Meeting they were elected to the next Annual General Meeting. All positions on the Management Committee will be declared vacant at the Annual General Meeting, all previous members are eligible for re-election.

Election of Office Bearers

The Annual General Meeting of the Association shall elect the Officers of the Association as per Section 9.2

If an Officer of the Association-

dies;
by written notice, signed and dated by the Officer and delivered to the Secretary, resigns;
is expelled under the Act before the expiration of his/her term of office; or
is absent from three (3) consecutive Management Committee or General Meetings without acceptable apology,

their position shall automatically become vacant, and the Management Committee may appoint another member in their place to fill the vacancy.

.

3. Officers of the Association elected at an Annual General Meeting shall hold Office for a period of one (1) year, subject to the date of the Annual General Meeting and other provisions set out in the Constitution.Officers elected by an Annual General Meeting shall take Office at the conclusion of the Annual General Meeting.

4. A retiring Management Committee member may be re-elected by the General Meeting.

5. Eligible candidates can nominate themselves, be nominated from the floor, or be nominated by their subcommittee or local branch of UPM by way of a letter of recommendation or excerpts from the minutes of meetings which endorse the candidate and which has to be handed to the Election Officer at the time of nomination during the Annual General Meeting.

6. In the event of more than one nomination being received for the office of the President or a greater number of nominations being received than the number of committee positions to be filled, a secret ballot of members shall be held at the meeting to determine the winner.

14. Committees

A General Meeting or the Management Committee may appoint such Committees to carry out any particular activities of the Association, and may delegate such powers and duties as they see fit so long as such duties and powers are not beyond their authority.

Members of any Committees appointed by the Executive can but shall not be required to be members of the Executive.
The Chair of the Association or his/her delegate shall always be an ex-officio member of all Committees.

15. Notice of Meetings

Notice in writing of all Annual General and Special General Meetings shall be forwarded to all members at least thirty (30) days prior to the meeting with the exception of the inaugural meeting.

Notice of all Management Committee meetings shall be given to all Committee Members at least seven (7) days prior to the meeting.

Where the President or Chair, as the case may be, considers the matter(s) to be discussed as urgent, effective notice of meeting may be given to all members, Officers or Committee appointees, as the case may be, by any form of communication at least twenty-four (24) hours prior to the meeting.

Where the meeting is a Special General Meeting, the notice shall include the business to be transacted.

16. Meeting Procedure

Meeting procedure shall be determined by the Chair (providing that a meeting may by motion dissent from any ruling of the Chair) and by any form of communication approved by the Chair.

Meeting procedure and/or rules of debate may be suspended at any time following the commencement of the meeting and prior to the completion of the meeting subject to Section 16.3.

A meeting whose procedure and/or rules of debate has been suspended may reinstate procedure and/or rules of debate by resolution of a simple majority at any time prior to the completion of the meeting.

Where the President or other specified Chair is absent from a meeting the members present shall appoint one of their number to preside at that meeting.

Each member entitled to vote at a meeting shall have one (1) vote upon any motion.

Members shall be entitled to appoint a proxy who shall be a member of the UPM, to attend any meeting other than a Committee meeting on behalf of a member, provided the written proxy is in the hands of the Secretary or Chair prior to the commencement of the meeting, and gives the full name of both the proxy and the member and is dated and signed by the member.

Only members present at a meeting, or represented by a proxy, shall be entitled to vote.

A member shall not be entitled to exercise more than three (3) proxy votes upon any motion.

Motions shall be carried by a simple majority of votes cast by members present and by authorised proxies.

Upon the ruling by the chair that a motion has a direct UPM commercial /financial significance , the motion shall be carried by a two-thirds majority of votes cast by UPM members present and authorised proxies.

At all Special General Meetings of the Association only the business specified in the notice convening it shall be transacted.

Minutes shall be made of all proceedings and shall be kept in a book set up for that purpose.

The Secretary shall post a copy of the minutes of all General and Management Committee Meetings to the appropriate forum.

17. Finance

The Association's financial year shall be 1st July to 30th June of each year.

The Management Committee shall cause to be kept, books in which are entered true and regular accounts of all monies received and paid on account of the Association, and of the several purposes for which the sums of money have been received and paid.

All monies of UPM shall be paid promptly into such bank or other financial institution as the Management Committee may from time to time direct.

All payments shall be made by cheque or similar document signed by any two (2) members of the Management Committee, save that a General Meeting may authorise a Petty Cash Account from which the Treasurer may pay small accounts generally recognised as Petty Cash items.

Except where necessary to give effect to directions of UPM, or to comply with the requirements of the Constitution, expenditure may be incurred only pursuant to resolutions of the Executive or of a General Meeting.

The Treasurer shall present to each General Meeting a true and correct financial statement.

Such financial statement, or summary thereof, shall be entered into the minutes of the meeting.

The books and accounts of UPM shall be audited by an Auditor appointed by the Management Committee in case where yearly turnover exceeds A$ 10,000.

A "suitably qualified" person may be appointed as Auditor provided he/she is not a member of the Executive.
The Auditor may, from time to time, inspect the books of UPM and, for this purpose, shall at all reasonable times, have access to all the books of UPM.
The Auditor (or the Treasurer, if annual turnover is under A$ 10,000) shall audit the financial statements of the Association at the close of the financial year, and shall furnish a report of such audit to the Management Committee for presentation at the Annual General Meeting.
The Management Committee shall cause a copy of the annual financial statements of UPM together with the Auditor's report to be available to all members prior to the Annual General Meeting, and such statements and report shall be posted or made available to those members who request them from the Management Committee.

18. Alteration or Amendment to Constitution

No addition, alteration, amendment or deletion shall be made to these Rules except by a resolution passed by not less than three-fourths of members present at an Annual General Meeting, or Special General Meeting called for that purpose.

Notice of Intention to propose such addition, alteration, amendment or deletion shall be given in writing to the Secretary at least twenty-one (21) days before the meeting.

The Secretary shall make available copies of any proposed addition, alteration, amendment or deletion to all members at least twenty-one (21) days before the meeting.

The Secretary shall cause notification that such a proposed addition, alteration, amendment or deletion has been received by him/her in appropriate forums.

19. Custody and Use of Common Seal

The Common Seal of the Association shall be kept in the care of the Secretary.

The Common Seal shall be used or affixed to a document only after authority has been granted by a General Meeting or, in the case of urgency, by the Executive.

The Common Seal shall be used or affixed in the presence of the Secretary and one other member of the Executive, both of who shall sign their name as witness and include their position on the Executive.

20. Custody of Books, Documents and Securities

The Secretary shall have custody of the books, documents and securities of UPM, but he/she shall delegate to the Treasurer and any other Officer custody of such books, documents and securities as are necessary to enable the Treasurer or aforementioned Officer to properly carry out his/her duties of Office.

The books and documents of the Association shall be made available for inspection by the members of UPM at reasonable times and places, on application to the President or Secretary.

The Secretary or Membership Officer shall keep a register of members pursuant to the Act.

21. Winding up

The Association may be wound up in the manner provided for in the Act.

In the case of voluntarily winding up, there must be a resolution passed by not less than three-fourths of members present at an Annual General meeting or Special General Meeting called for that purpose.

Notice of Intention to propose such dissolution or winding-up shall be given in writing to the Secretary at least sixty (60) days prior to the meeting.

The Secretary shall make available copies of any proposal to dissolve or wind-up the Association to all members at least thirty (30) days prior to the meeting, and shall cause a notice of such intent to be posted to the appropriate forum at least thirty (30) days prior to the meeting.

22. Application of Surplus Assets

If after the winding up of the Association there remains surplus assets as defined in the Act, such surplus assets shall be appropriated in accordance with this rule (set out the manner in which the surplus assets are to be appropriated).