MELBOURNE TECHNICAL PERSONNEL CONSULTANTS INC CONSTITUTION
1. NAME AND OFFICE:
- (a) The name of the Incorporated Association is - "MELBOURNE TECHNICAL PERSONNEL CONSULTANTS INC."
- (b) The Office of the Incorporated Association shall be at the registered office of Bayside Personnel, 5th Floor, 7 Bowen Crescent, PO Box 7280, MELBOURNE VIC 3004.
2. OBJECTS: The objects of the Incorporated Association shall be -
- (a) To operate in conjunction with the auspices of the RCSA.
- (b) To increase the effectiveness of the permanent and contract recruitment industry for the mutual benefit of clients and member firms.
- (c) To establish and maintain more intimate relationship between its members and promote and protect their common interests.
- (d) To advance knowledge and learning associated with the profession of recruitment services.
- (e) To establish and maintain standards of quality, conditions of trading and a code of ethics.
- (f) To consider and deal with all matters affecting the industry such as Taxation, relationships with Government bodies, Legislation, Awards, and Determinations of Arbitral Tribunals and conditions of employment.
3. MEMBERSHIP:
- (a) Any Firm or Company shall be qualified to apply for membership of this Incorporated Association, provided they -
- (i) Are engaged in recruitment services.
- (ii) Have some form of approved overhead in existence.
- (iii) Preferably have been in existence and operating continuously for three (3) years or more.
- (iv) Employ staff and have employed staff consistently over the past six months and consist of more than the principles hiring themselves out. (v) Shall be a registered Firm or Company.
- (vi) Preferably be a member of the RCSA.
- (b)
- (i) Admittance to Membership as prescribed requires approval by a three-fourths majority of those members present and entitled to vote at the General Meeting.
- (ii) No more that two companies may be admitted into Membership of the Incorporated Association.
- (c) No member of the Incorporated Association shall be a member of any Industrial Employees' Association and/or Union.
4. SUBSCRIPTIONS AND LEVIES:
- (a) The Annual Subscriptions shall become due on the first day of December in each year and shall be determined at the Annual General Meeting.
- (b) The Incorporated Association may by resolution at a General Meeting agreed to by a three-fourths majority vote of those members present and entitled to vote make levies upon members for the purpose of defraying general or special costs in implementing the objects if the Incorporated Association.
- (c) Levies (if any) shall be in a ratio as from time to time decided. Right of appeal against any levy shall rest with any member of the Incorporated Association and such appeals shall be considered on their merits by the Incorporated Association in General Meeting, whose decision by a three-fourths majority vote of those members present and entitled to vote shall be final.
5. REPRESENTATIVES:
- (a) Each member shall appoint in writing his representative and one alternative representative to attend meetings of the Incorporated Association, only one with power to vote. These representatives shall be financially interested Partners, Directors or regularly nominated Executives.
- (b) No representative or representative's associate who is a member of any Employee Industrial Association or Union may attend any meetings.
- (c) The Incorporated Association is empowered to accept or reject any person who may be nominated by any member as a representative, and to request the withdrawal of any such representative under the same terms and conditions as set out in this Constitution for the termination of membership.
6. RESIGNATIONS: A member may resign from the Incorporated Association upon giving two (2) months' notice in writing. He/She shall, however, meet all outstanding obligations, including the current year's subscription.
7. TERMINATION OF MEMBERSHIP:
- (a) Termination of membership shall be effected at a general meeting only if agreed to by three-fourths majority vote of those members present and entitled to vote.
- (b) Termination shall be considered if a Membership shall -
- (i) Become bankrupt or insolvent or make an assignment for the benefit of his creditors.
- (ii) Commit any act by observance or neglect, which the Incorporated Association considers dishonorable or inconsistent with the best interests of the members and the credit of the Incorporated Association.
- (iii) Commit any act whatsoever deemed to be an offence by a three-fourths majority of a meeting.
- (iv) Refuse to pay within a reasonable period any levy made by the Association.
8. OFFICE - BEARERS:
- (a) The Office-Bearers shall be a Chairperson and on Treasurer, and shall be elected at the Annual General Meeting.
- (b) Nominations for these positions must be in the hands of the Secretary seven (7) days before the Annual Genera Meeting at which the elections will take place. Nominations must bear the signature of the nominee.
- (c) If more than the required number of nominations is received for any position, a written secret ballot shall be held.
- (d) Extraordinary vacancies shall be filled at the next General Meeting in the manner prescribed for the election of Office-Bearers.
- (e) The Secretary to be nominated, or an officer appointed by him/her.
9. MEETINGS:
- (a) At all meetings the Chairperson shall preside; should the Chairperson be absent, the Chair shall be elected from those present.
- (b) General Meetings shall be held monthly, or as otherwise may be decided by a majority of members present and entitled to vote at any General Meeting.
- (c) The Annual General Meeting shall be held in the month of February in each year.
- (d) A special General Meeting of the Incorporated Association may be called by the Secretary on the instruction of the Chairperson, or upon the requisition of not less that three (3) members. Special General Meetings may be called without seven (7) days notice.
- (e) Notice in writing of all General Meetings, stating the business of such meetings, shall be posted by the Secretary at least seven (7) days before the date thereof
- (f) An extraordinary General Meeting may be called for the purposes of considering matters relating to the Constitution. At least seven (7) days notice shall be given of Extraordinary General Meetings.
10. ATTENDANCE AT GENERAL MEETINGS:
- (a) Any member absent from three (3) consecutive General Meetings of the Incorporated Association without leaving of absence may forfeit his/her membership.
- (b) Any member absent without leave of absence from 50 per cent or more of meetings of the Incorporated Association in any twelve (12) months may forfeit his membership.
- (c) The acceptance of an apology by motion shall constitute leave of absence.
- (d) Leave of absence may be granted by the Secretary in conjunction with the Chairperson and confirmed at the next meeting.
11. VOTING QUORUMS:
- (a) Any member has the right to demand a ballot on any vote taken at the meeting.
- (b) At all meetings the Chairman shall be a deliberative (normal) vote only.
- (c) The quorum shall be four (4) nominated representatives for Annual General Meetings, for Extraordinary General Meetings and for General Meetings.
- (d) A member unable to be present at any meeting and wanting to vote on any matter on the Agenda may communicate his/her vote in writing on the member's official letterhead, such vote to be in the Secretary's hand prior to the starting time of the meeting.
- (e) A motion shall lapse if a majority in favour is not obtained in any vote.
12. AUDITORS: The Auditor of this Association shall be as from time to time appointed.
13. ALTERATION OF CONSTITUTION: Notice of motion in writing of proposed change of Constitution may be given at any General Meeting. The proposed change shall be voted on at the next Extraordinary General Meeting called for that purpose, and shall become effective on a three-fourth majority vote of those members present and entitled to vote.
14. CODE OF ETHICS: Is to be maintained in accordance with the MTPC Code of Ethics.
15. BANKING:
- (a) Cheques may be drawn on two (2) joint signatures. The signatures shall consist of the Treasurer and a nominated signatory which is to be determined at the Annual General Meeting of the Incorporated Association.
- (b) All accounts shall be passed for payment at a General Meeting.
16. WINDING - UP: The Incorporated Association may be wound up and dissolved by a resolution to that effect, passed at an Extraordinary Meeting of the Incorporated Association duly convened for that purpose by a majority of three-fourths of the members present and voting. In the event of the Incorporated Association being wound up by an Extraordinary Meeting, any funds or assets beyond such as are sufficient to meet the liabilities of the Incorporated Association shall not be paid to, or distributed around, members of the Incorporated Association, but shall be given or transferred to some Association having objects similar to this Incorporated Association. Should the funds or assets be insufficient to cover the liabilities of the Incorporated Association, the necessary funds shall be raised by a levy on members decided by the Extraordinary Meeting which resolved to wind up the Incorporated Association.
17. INDEMNITY:
- (a) No Member shall incur any liability except as provided in these rules as in force from time to time or the resolutions and regulations validity made.
- (b) Every Office - Bearer, Office of Servant of the Incorporated Association shall be indemnified by the Incorporated Association against all costs, losses and expenses incurred in the existence of good faith of this office.
18. GENERAL: All deliberations of meetings and documents sent to or otherwise obtained by Members shall be treated as for the information of Members only.