Common use of Dispute Settlement Procedures Clause in Contracts

Dispute Settlement Procedures. Principles a) This procedure is designed to promote the resolution of issues that arise at the lowest possible level and to provide a step-by-step process which will be accessed if the parties are genuinely unable to resolve the issue. b) At each step in the procedure, reasonable time is to be allowed for the parties to resolve the matter. The parties agree not to proceed to each next step in the procedure until the previous step has been completed. Following these procedures will ensure the dispute is resolved in the most efficient manner. c) In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate. If the matter is not resolved at this level, the grievance shall be referred to the Management. d) Should the matter remain unresolved at this level, the Employee, at his/her discretion, may nominate a representative to meet with the Supervisor, a management representative and the employee and or their representative to resolve the issue. e) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. f) If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (the Commission) for resolution by mediation and/or conciliation. Any solution proposed by the AIRC, or another third party, shall be consistent with the Construction Code and guidelines and relevant legislation. g) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally. The circumstances that applied prior to the dispute arising shall apply until final resolution of the matter. h) Any dispute referred to the Commission under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President. i) This dispute resolution procedure does not apply to Occupational Health and Safety matters. It is expected that the Occupational Health and Safety Representatives will follow appropriate procedures in the resolution of any Health and Safety matters.

Dispute Settlement Procedures. Principles a) This procedure is designed to promote the resolution of issues that arise at the lowest possible level and to provide a step-by-step process which will be accessed if the parties are genuinely unable to resolve the issue. b) At each step in the procedure, reasonable time is to be allowed for the parties to resolve the matter. The parties agree not to proceed to each next step in the procedure until the previous step has been completed. Following these procedures will ensure the dispute is resolved in the most efficient manner. c) In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate. If the matter is not resolved at this level, the grievance shall be referred to the Managementdesignated management representative. d) Should the matter remain unresolved at this level, the Employee, at his/her discretion, may nominate a representative to meet with the Supervisor, a management representative the designated manager,and the employee and or their representative Consultative Committee to resolve the issue. e) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. f) If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (the Commission) for resolution by mediation and/or conciliation. Any solution proposed by the AIRC, Commission or another third party, shall party must be consistent with the Construction Code and guidelines Guidelines and relevant legislation. g) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally. The circumstances that applied prior to the dispute arising shall apply until final resolution of the matter. h) Any dispute referred to the Commission under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President. i) This dispute resolution procedure does not apply to Occupational Health and Safety matters. It is expected that the Occupational Health and Safety Representatives will follow appropriate procedures in the resolution of any Health and Safety matters.

Dispute Settlement Procedures. PrinciplesThe Parties to this Agreement shall observe the following agreed procedure for the resolution of grievances and industrial disputation. The procedure provides The opportunity to deal with the matter as close to the source as possible with graduated steps for further discussion and resolution at higher levels of management. An orderly and just method of reviewing an issue or grievance on its merits. A means of resolving an issue or grievance without disruption to work and without prejudice to a final settlement. It is agreed by all parties that a) This procedure is designed In the first instance the Employee will refer their problem to promote the resolution of issues that arise at the lowest possible level and to provide a step-by-step process which will be accessed if the parties are genuinely unable to His/Her Supervisor who shall resolve the issuegrievance within 48 hours or refer the matter to the Operations/Warehouse Manager within that 48 hours. b) At each step in If not settled at this stage the procedure, reasonable time is Employee will refer their problem directly to be allowed for the parties to resolve the matter. The parties agree not to proceed to each next step in the procedure until the previous step has been completed. Following these procedures will ensure the dispute is resolved in the most efficient mannerOperations/Warehouse Manager. c) In If not settled at this stage the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties Employee will attempt to resolve refer the matter at to his/her Union Delegate for further discussion with the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate. If the matter is not resolved at this level, the grievance shall be referred to the ManagementOperations/Warehouse Manager. d) Should If not settled at this stage the Union Delegate will refer the matter remain unresolved at this level, to the Employee, at his/her discretion, may nominate a representative to meet Union Official for further discussion with the Supervisor, a management representative and the employee and or their representative to resolve the issuerelevant Company Director. e) A If not settled at this stage, the matter may be referred by either party to the dispute may appoint another person, organisation or association NSW Industrial Relations Commission. Sensible time limits shall be allowed for completion of the various stages of the discussion. At least 7 days and a maximum of 14 days should be allowed for all stages of the discussion to accompany or represent them in relation be finalised. Whilst the above procedures are being followed work shall continue as it was prior to the dispute. f) If . No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause. There shall be a dispute in relation commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem, which may give rise to a matter arising under grievance or dispute. Emphasis shall be placed on a negotiated settlement. However, if the agreement negotiation process is unable to be resolved at exhausted without the workplace, and all agreed steps for resolving it have been takendispute being resolved, the dispute parties may be referred jointly or individually refer the matter to the Australian NSW Industrial Relations Commission (for assistance in resolving the Commission) for resolution by mediation and/or conciliation. Any solution proposed by the AIRC, or another third party, shall be consistent with the Construction Code and guidelines and relevant legislationdispute. g) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally. The circumstances that applied prior to the dispute arising shall apply until final resolution of the matter. h) Any dispute referred to the Commission under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President. i) This dispute resolution procedure does not apply to Occupational Health and Safety matters. It is expected that the Occupational Health and Safety Representatives will follow appropriate procedures in the resolution of any Health and Safety matters.

Dispute Settlement Procedures. Principles a) This The Parties to this Agreement shall observe the following agreed procedure is designed to promote for the resolution of issues that arise at the lowest possible level grievances and to provide a step-by-step process which will be accessed if the parties are genuinely unable to resolve the issue. b) At each step in the procedure, reasonable time is to be allowed for the parties to resolve the matterindustrial disputation. The procedure provides the opportunity to deal with the matter as close to the source as possible with graduated steps for further discussion and resolution at higher levels of management. an orderly and just method of reviewing an issue or grievance on its merits. A means of resolving an issue or grievance without disruption to work and without prejudice to a final settlement. It is agreed by all parties agree not to proceed to each next step in the procedure until the previous step has been completed. Following these procedures will ensure the dispute is resolved in the most efficient manner.that c(a) In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties Employee will attempt refer their problem to His/Her Supervisor who shall resolve the matter at the workplace by discussions between the employee grievance within 48 hours or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate. If refer the matter is to the Operations/Warehouse Manager within that 48 hours. (b) If not resolved settled at this level, stage the grievance shall be referred Employee will refer their problem directly to the ManagementOperations/Warehouse Manager. d(c) Should If not settled at this stage the Employee will refer the matter remain unresolved at this level, the Employee, at to his/her discretion, may nominate a representative to meet Union Delegate for further discussion with the Supervisor, a management representative and the employee and or their representative to resolve the issueOperations/Warehouse Manager. (d) If not settled at this stage the Union Delegate will refer the matter to the Union Official for further discussion with the relevant Company Director. (e) A If not settled at this stage, the matter may be referred by either party to the dispute may appoint another person, organisation or association NSW Industrial Relations Commission. Sensible time limits shall be allowed for completion of the various stages of the discussion. At least 7 days and a maximum of 14 days should be allowed for all stages of the discussion to accompany or represent them in relation be finalised. Whilst the above procedures are being followed work shall continue as it was prior to the dispute. f) If . No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause. There shall be a dispute in relation commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem, which may give rise to a matter arising under grievance or dispute. Emphasis shall be placed on a negotiated settlement. However, if the agreement negotiation process is unable to be resolved at exhausted without the workplace, and all agreed steps for resolving it have been takendispute being resolved, the dispute parties may be referred jointly or individually refer the matter to the Australian NSW Industrial Relations Commission (for assistance in resolving the Commission) for resolution by mediation and/or conciliation. Any solution proposed by the AIRC, or another third party, shall be consistent with the Construction Code and guidelines and relevant legislationdispute. g) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally. The circumstances that applied prior to the dispute arising shall apply until final resolution of the matter. h) Any dispute referred to the Commission under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President. i) This dispute resolution procedure does not apply to Occupational Health and Safety matters. It is expected that the Occupational Health and Safety Representatives will follow appropriate procedures in the resolution of any Health and Safety matters.

Dispute Settlement Procedures. PrinciplesThe objective of the Company and employees in this procedure is to avoid and settle disputes by direct consultation and negotiation and to avoid interruption to the performance of work and the consequential loss of production and remuneration. It is the intention of the procedure to resolve by direct consultation and negotiation between the Company and employees any grievance, dispute, claim or problem on any industrial matter with the exception of safety issues. The following four stage procedure shall be adhered to resolving matters under this clause: a) This procedure is designed to promote Discussion shall take place between the resolution of issues that arise employee/s concerned and, at his/her request the lowest possible level appropriate employee’s nominated representative, and to provide a step-by-step process which the immediate supervisor/s. The immediate supervisor will be accessed if the parties are genuinely unable to resolve the issue.act promptly and cooperatively; b) At each step in Discussions shall take place involving the procedureemployee/s, reasonable time is to be allowed for the parties to resolve the matter. The parties agree not to proceed to each next step in the procedure until the previous step has been completed. Following these procedures will ensure the dispute is resolved in the most efficient manner.employee/s nominated representative, and senior management; c) In Discussion shall take place involving the event of a dispute in relation to a matter arising under employee/s nominated representative and the nominated employer representatives; d) Discussions shall take place involving employee’s nominated representative, and nominated employer senior representatives. The Company and employees may during this agreement, in the first instance the parties will attempt to resolve process refer the matter at the workplace by discussions between the employee in dispute to an agreed independent person for conciliation, which in preference can include ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriateany other agreed independent person. If the matter is not resolved at this levelthe parties, by agreement, may refer the grievance shall be referred matter to the Management. d) Should the matter remain unresolved at this level, the Employee, at his/her discretion, may nominate a representative to meet with the Supervisor, a management representative and the employee and or their representative to resolve the issue. e) A agreed independent person for arbitration. The earliest possible advice should be given by one party to the dispute other of any issue or problem that may appoint another person, organisation or association to accompany or represent them in relation to the dispute. f) If a dispute in relation give rise to a matter arising under grievance or dispute. Throughout each of the agreement is unable above stages of the procedure, all relevant facts shall be clearly identified and recorded and reasonable time limits allowed for completion of the various stages of the discussion. At least seven days should be allowed for all stages of the discussion to be resolved at finalised. The Company and employees are committed to achieving negotiated settlements without work stoppages, lockouts or any other bans or limitations on the workplaceperformance of work. However, and all agreed steps for resolving it have been taken, if the negotiation process is exhausted without the dispute may be referred being resolved the parties shall jointly or individually refer the matter to the Australian Industrial Relations Commission (for conciliation and assistance in resolving the Commission) dispute. In the event that the parties to the dispute are unable to reach agreement the Company and employees may refer the matter to the Commission for arbitration. The Company and employees agree that during the resolution by mediation and/or conciliation. Any solution proposed by the AIRC, or another third party, shall be consistent of matters in accordance with the Construction Code and guidelines and relevant legislation. g) It this clause there is a term commitment to avoid stoppages of this agreement work, lockouts or any other bans or limitations on the performance of work. The Company shall ensure that all practices applied during the operation of these procedures are in accordance with safe working practices. Where a dispute exists and while the that dispute resolution procedure remains unresolved and is being conducted work shall continue normally. The circumstances addressed through this procedure, the parties will return to the situation and arrangements that applied existed prior to the dispute arising shall apply until final resolution of issue which caused the dispute, such that no party is prejudiced during the procedure to resolve the matter. h) . Any dispute referred to outcome under the Commission under Dispute Resolution Procedure in this clause should cannot be dealt inconsistent with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel legislative requirements or the President. i) This dispute resolution procedure does not apply to Occupational Health and Safety matters. It is expected that National Code of Practice for the Occupational Health and Safety Representatives will follow appropriate procedures in Construction Industry or the resolution of any Health and Safety matters.Implementation Guidelines

Dispute Settlement Procedures. Principles a) This procedure is designed to promote the resolution of issues that arise at the lowest possible level and to provide a step-by-step process which will be accessed if the parties are genuinely unable to resolve the issue. b) At each step in the procedure, reasonable time is to be allowed for the parties to resolve the matter. The parties agree not to proceed to each next step in the procedure until the previous step has been completed. Following these procedures will ensure the dispute is resolved in the most efficient manner. c) In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate. If the matter is not resolved at this level, the grievance shall be referred to the Management. d) Should the matter remain unresolved at this level, the Employee, at his/her discretion, may nominate a representative to meet with the Supervisor, a management representative and the employee and or their representative Consultative Committee to resolve the issue. e) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. f) If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (the Commission) for resolution by mediation and/or conciliation. Any solution proposed by the AIRC, or another third party, shall be consistent with the Construction Code and guidelines and relevant legislation. g) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally. The circumstances that applied prior to the dispute arising shall apply until final resolution of the matter. h) Any dispute referred to the Commission under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President. i) This dispute resolution procedure does not apply to Occupational Health and Safety matters. It is expected that the Occupational Health and Safety Representatives will follow appropriate procedures in the resolution of any Health and Safety matters.

Dispute Settlement Procedures. Principles aThe following is the intended procedure to settle any individual or collective employee(s) This procedure is designed to promote the resolution of issues that arise at the lowest possible level and to provide a step-by-step process which will be accessed if the parties are genuinely unable to resolve the issue. b) At each step in the procedure, reasonable time is to be allowed for the parties to resolve the matter. The parties agree not to proceed to each next step in the procedure until the previous step has been completed. Following these procedures will ensure the dispute is resolved in the most efficient manner. c) In the event of a grievance or dispute in relation to a matter arising under the terms of this Agreement: During any stage of this process, any employees covered by this agreement may be represented by a person or organisation of their choosing and such organisation may include a Union party to this agreement, in . a) In the first instance the parties to the dispute will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if supervisor. b) If such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels the General Manager. The employee may invite a representative to be involved in the discussions. The employer may also invite into the discussions an officer of management the employer organisation to which the employer belongs. c) The aim of this procedure is to resolve all workplace issues as appropriatequickly as possible, and as close to the source of the issue as possible. If the If, however, a matter is not resolved at this levelor an agreed course of action is not found, then the grievance shall be referred procedure will move to the Managementstep 15(d). d) Should the matter remain unresolved at this level, the Employee, at his/her discretion, may nominate a representative to meet with the Supervisor, a management representative and the employee and or their representative to resolve the issue. e) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. f) If a dispute in relation to a matter arising under the terms of this agreement is unable to be resolved at the workplace, and all agreed the above steps for resolving it the dispute have been taken, the dispute may be referred to the Australian Industrial Relations Commission (the Commissioncommission) for resolution by mediation and/or conciliation. e) If the above steps for resolving the dispute have been taken and the dispute remains unresolved, then either party may refer the particular dispute to the Commission for arbitration. Any solution proposed by If arbitration occurs, the AIRCCommission may exercise the procedural powers in relation to hearings, or another third partywitnesses, shall be consistent with evidence and submissions which are necessary to make the Construction Code and guidelines and relevant legislationarbitration effective. f) Where the Commission conducts an arbitration of a dispute in relation to a matter arising under the terms of this Agreement, the decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench of the Commission. g) It is Where a term of this agreement that while the dispute resolution procedure matter is being conducted work shall continue normally. The circumstances that applied prior dealt with pursuant to this Dispute Resolution provision, the Employee or the Company may appoint another person, organization or association of their own choice to accompany or represent them at any stage in relation to the dispute arising shall apply until final resolution of the matterincluding, but not limited to, a union representative, a legal practitioner or a representative from an industry association. h) Any dispute referred While the parties are attempting to resolve the matter in dispute, the Employees will continue to work in accordance with this agreement and their respective contracts of employment unless an Employee has a reasonable concern about an imminent risk to his or her health and safety. Subject to the Commission under this clause should be dealt relevant provisions of any State or Territory, occupational health and safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with by a member agreed direction by the parties Company to perform other available work, whether at the time orsame enterprise or other enterprise, in default of agreement, a member nominated by either the head of the relevant panel that is safe and appropriate or the President. i) This dispute resolution procedure does not apply Employee to Occupational Health and Safety matters. It is expected that the Occupational Health and Safety Representatives will follow appropriate procedures in the resolution of any Health and Safety matters.perform