Code of Conduct
Code of Conduct
The Code of Conduct is a social contract between the founding members and the ordinary members formed as a constructive trust that is binding one another, under a social compact. This document reflects equitable principles such as fiduciary obligation, mutual trust, good faith, and just redress for breaches. This forms part of the trade union’s governance, it’s values, and offers a dispute resolution mechanism.
Preamble
We, the founding and ordinary members of the Private Members Union, affirm this Code of Conduct will
bind us in mutual trust, honour, and accountability. As a collective of equal standing, wherein the founding members (and any appointed officers), act as trustees, and all ordinary members are beneficiaries of the Social contract.
This compact is grounded in the Laws of Equity, and establishes duties and standards of conduct that protect the rights, dignity, and wellbeing of all who participate.
1. Formation of the Collective Trust
1.1 The Union is recognised as a mutual trust structure, created by voluntary association, wherein:
• All members are united under a common purpose;
• Founders and officers are entrusted with duties of care, loyalty, and fairness;
• Members are bound together by principles of natural justice, mutual benefit, and non-injury.
1.2 This relationship gives rise to a constructive trust in equity, enforceable in conscience and law, and protects all members from arbitrary, negligent, or self-serving conduct by others within the Union.
2. Duties for Trustees Arising Under Equity
2.1 Duty Care and Good Faith
All members must act honestly, transparently, and in the best interest of the collective.
2.2 Fiduciary Duty of Founders and Officers in roles as Trustees
Founding members and elected representatives must act with undivided loyalty to the membership, and shall not profit, manipulate, or exercise power contrary to the trust placed in them.
2.3 Duty to Avoid Harm
Members must not act in a manner that causes physical, emotional, spiritual, or reputational harm to another member, or to the integrity of the Union.
2.4 Duty of Impartiality and Fair Process
All members are entitled to equal treatment, including fair access to union services, participation in decisions, and recourse in the event of harm.
3. Social Compact Between Members
3.1 Each member affirms their commitment to:
• Honour the shared values of the Union;
• Do no harm to fellow members;
• Resolve disputes peacefully and in good conscience;
• Respect the autonomy, rights, and voices of all members.
3.2 By entering into this social compact, every member agrees to be bound by its principles, and accepts the jurisdiction of any internal redress mechanism created under this code.
4. Redress and Enforcement
4.1 Any breach of this Code of Conduct, especially by a trustee or founding member, constitutes a breach of trust under equity, and entitles affected members to:
• A formal hearing;
• Restorative justice;
• Rescission of acts or decisions made in breach;
• Financial or reputational remedies where applicable.
4.2 Members may call upon a Tribunal of Peers (3 neutral members, appointed by consent) to hear complaints and issue non-adversarial findings.
4.3 Where harm is material or systemic, members retain the right to seek remedy in an equity division of the Supreme Court or equivalent forum, under principles of constructive trust, breach of fiduciary duty, or unconscionable conduct.