Common use of DISPUTE SETTLEMENT PROCESS Clause in Contracts

DISPUTE SETTLEMENT PROCESS. 5.1 In order to assist in achieving harmonious working relationships and maintaining on-going service delivery by the Company, regular and ongoing consultation between the Employees and the Company will be required to ensure co-operation is provided. 5.2 Employees are to be encouraged to contribute to this process with the view of ensuring that work is undertaken in the most safe and productive manner and the highest quality standards. 5.3 In the event of a dispute about a matter under this Agreement or a dispute in relation to the FW Act in the first instance the persons or entities covered by this Agreement must attempt to resolve the matter at the workplace level. 5.4 If a dispute arises in accordance with sub-clause 5.3 the following process shall be followed, provided, always, that work shall continue in the usual manner without loss of time or wages and without bans and limitations so as to allow the steps below to be followed: (i) The Employee or Employees must first discuss the dispute with their Foreperson or Supervisor; (ii) If the matter is unable to be resolved the Employee or Employees will discuss the dispute with the Company’s senior site representative, who shall attempt to resolve the matter; (iii) In the event of such discussions not resolving the dispute the Employee or Employees will meet with the Company’s senior management representative and participate in direct discussions in an attempt to resolve the matter. 5.5 For the purposes of sub-clause 5.4 (i), (ii) and (iii) the Employee or Employees may appoint a workplace representative (which may include a union delegate or union official nominated by the Employee or Employees) to accompany or represent the employee or employees in relation to the dispute. 5.6 Emphasis will be placed on an agreed settlement of the matter. However, if the dispute remains unresolved, and all agreed steps for resolving the dispute have been taken, and there have been genuine attempts to resolve the matter at the workplace, the following shall occur: (i) The person who has raised the dispute shall refer the matter to FWC within forty eight (48) hours; (ii) If the dispute is not referred, any affected Employee or the Company covered by the Agreement may refer the matter in dispute to FWC; (iii) Either the Employee or Employees may authorise a workplace representative named as being covered by the Agreement or another representative of their choice, and the Company may authorise an organisation of its choice or another representative, to refer the matter to the FWC and represent the interests of the Employee or Employees or the Company before FWC in any further proceedings. 5.7 FWC in dealing with the dispute may exercise the following roles and powers: (i) FWC must first attempt to resolve the dispute by mediation or conciliation. For that purpose: In attempting to resolve the matter FWC shall confer with the parties informally to agree on procedural matters including the manner in which each side will present its case, confidentiality requirements, representation, timing, location and duration of proceedings and any other matters about FWC’s role in respect to establishing procedures to resolve the dispute. In attempting to resolve the matter FWC may help the parties identify and define the matters in dispute and help the parties develop a procedure for resolving the dispute quickly and in a way that avoids unnecessary technicalities and legal forms. The parties agree that during mediation or conciliation, FWC may if requested and agreed to by both parties discuss the matters in dispute privately with any of the parties to the dispute or their representatives. FWC shall keep confidential the content of any such discussions and shall not convey the content of such discussions unless specifically authorised to do so by the party concerned. FWC may, if after the preceding steps have been followed and the dispute has not been resolved, and if the parties agree, make suggestions as to what would constitute a reasonable resolution to the dispute or any part thereof and provide within a reasonable timeframe a written statement of such suggestions to the parties. (ii) If mediation or conciliation fails to resolve the grievance FWC may arbitrate the matter. (iii) Where FWC arbitrates over the dispute, the decision of FWC will bind the parties subject to either party exercising a right of appeal against the decision to the Full Bench of FWC. (iv) Where the dispute is arbitrated, FWC may exercise the powers contained in Division 3 of Part 5.1, Chapter 5 of the FW Act. 5.8 Where any dispute arises, this process shall be followed and work shall continue normally unless an employee has a reasonable concern about an imminent risk to their health or safety. Where such a concern does arise the Employee or Employees shall perform other work as directed by the Company where such a risk is not present. 5.9 The Company or its representative will make themselves available upon the request of the Employee or his or her workplace representative so as to quickly deal with the dispute. However, all parties need to understand that the process of discussion and consultation takes time. 5.10 Any outcome reached by the parties (and/or their representatives), or recommendation, decisions or determinations arising from the FWC proceedings must not be inconsistent with the Code for Building and Maintenance work 2016, as varied or in place from time to time. It is further agreed that any conciliation outcome, FWC recommendation or arbitrated decision that may determine the dispute over the Agreement content must not change the integrity of, the intent and/or benefits contained in the Agreement.

DISPUTE SETTLEMENT PROCESS. 5.1 In order to assist in achieving harmonious working relationships and maintaining on-going service delivery by the Company, regular and ongoing consultation between the Employees and the Company will be required to ensure co-operation is provided. 5.2 Employees are to be encouraged to contribute to this process with the view of ensuring that work is undertaken in the most safe and productive manner and the highest quality standards. 5.3 3.1 In the event of a dispute about a matter under this Agreement or a dispute in relation to the FW Act NES in the first instance the persons or entities covered by this Agreement must attempt to resolve the matter at the workplace level. 5.4 3.2 If a dispute arises in accordance with sub-under clause 5.3 3.1 of this Agreement, the following process shall be followed, provided, always, that work shall continue in the usual manner without loss of time or wages and without bans and limitations so as to allow the steps below to be followed: (ia) The Employee or Employees must first discuss the dispute matter with their Foreperson or immediate Supervisor; (iib) If the matter is unable to be resolved resolved, the Employee or Employees and their requested nominated representative will discuss the dispute matter with the Company’s 's senior site representative, who shall attempt to resolve the matter; (iiic) In the event of such discussions not resolving the dispute matter the Employee or Employees and their requested nominated representative will meet with the Company’s 's senior management representative and participate in direct discussions in an attempt to resolve the matter; (d) A dispute must be progressed in a timely manner as effectively as possible, with the above steps taking no longer than seven (7) days where possible. 5.5 For (e) An Employee has the purposes right to elect representation at each stage of sub-clause 5.4 (i), (ii) and (iii) the Employee or Employees may appoint a workplace representative (which may include a union delegate or union official nominated by the Employee or Employees) to accompany or represent the employee or employees in relation to the disputedisputes settling procedure. 5.6 3.3 Emphasis will be placed on an agreed settlement of the matter. However, if the dispute remains unresolved, and all agreed of the above steps for resolving the dispute matter have been taken, and there have been genuine attempts to resolve the matter at the workplace, then a person or entity covered by the following shall occur: (i) The person who has raised Agreement involved in the dispute shall may refer the matter to FWC. 3.4 The FWC within forty eight (48) hours; (ii) If the dispute is not referred, any affected Employee or the Company covered by the Agreement may refer attempt to resolve the matter in dispute by conciliation. If conciliation fails to FWC; (iii) Either resolve the Employee matter, then a person or Employees may authorise a workplace representative named as being entity covered by this Agreement involved in the Agreement or another representative of their choice, and the Company dispute may authorise an organisation of its choice or another representative, to refer the matter to the FWC and represent the interests of the Employee or Employees or the Company before FWC in any further proceedings. 5.7 FWC in dealing with the dispute may exercise the following roles and powers: (i) FWC must first attempt to resolve the dispute by mediation or conciliation. For that purpose: In attempting to resolve the matter FWC shall confer with the parties informally to agree on procedural matters including the manner in which each side will present its case, confidentiality requirements, representation, timing, location and duration of proceedings and any other matters about FWC’s role in respect to establishing procedures to resolve the dispute. In attempting to resolve the matter FWC may help the parties identify and define the matters in dispute and help the parties develop a procedure for resolving the dispute quickly and in a way that avoids unnecessary technicalities and legal formsarbitration. The parties covered by this Agreement agree that during mediation or conciliation, FWC may if requested and agreed to by both parties discuss the matters in dispute privately with any of the parties to the dispute or their representatives. FWC shall keep confidential the content of any such discussions and shall not convey the content of such discussions unless specifically authorised to do so by the party concerned. FWC may, if after the preceding steps have been followed and the dispute has not been resolved, and if the parties agree, make suggestions as to what would constitute a reasonable resolution to the dispute or any part thereof and provide within a reasonable timeframe a written statement of such suggestions to the parties. (ii) If mediation or conciliation fails to resolve the grievance FWC may arbitrate the matter. (iii) Where FWC arbitrates over the dispute, the decision of FWC will bind all the parties parties, subject to either any party exercising a right of appeal against appeal. 3.5 To ensure a dispute free culture the decision parties to the Full Bench Agreement undertake that no strike, ban or limitation of FWC. (iv) Where the dispute is arbitrated, FWC may exercise the powers contained in Division 3 of Part 5.1, Chapter 5 of the FW Act. 5.8 Where any dispute arises, this process shall be followed and work shall continue normally unless an employee has a reasonable occur in respect of any issue, dispute or concern about an imminent risk to their health or safety. Where such a concern does arise whilst the Employee or Employees shall perform other work as directed by the Company where such a risk above procedure is not presentbeing followed. 5.9 The Company or its representative will make themselves available upon the request of the Employee or his or her workplace representative so as to quickly deal with the dispute. However, all parties need to understand that the process of discussion and consultation takes time. 5.10 Any outcome reached by the parties (and/or their representatives), or recommendation, decisions or determinations arising from the FWC proceedings must not be inconsistent with the Code for Building and Maintenance work 2016, as varied or in place from time to time. It is further agreed that any conciliation outcome, FWC recommendation or arbitrated decision that may determine the dispute over the Agreement content must not change the integrity of, the intent and/or benefits contained in the Agreement.

DISPUTE SETTLEMENT PROCESS. 5.1 In order to assist in achieving harmonious working relationships and maintaining on-going service delivery by the Company, regular and ongoing consultation between the Employees and the Company will be required to ensure co-operation is provided. 5.2 Employees are to be encouraged to contribute to this process with the view of ensuring that work is undertaken in the most safe and productive manner and the highest quality standards. 5.3 In the event of a dispute about a matter under this Agreement or a dispute in relation to the FW Act in the first instance the persons or entities covered by this Agreement must attempt to resolve the matter at the workplace level. 5.4 If a dispute arises in accordance with sub-clause 5.3 the following process shall be followed, provided, always, that work shall continue in the usual manner without loss of time or wages and without bans and limitations so as to allow the steps below to be followed: (i) The Employee or Employees must first discuss the dispute with their Foreperson or Supervisor; (ii) If the matter is unable to be resolved the Employee or Employees will discuss the dispute with the Company’s senior site representative, who shall attempt to resolve the matter; (iii) In the event of such discussions not resolving the dispute the Employee or Employees will meet with the Company’s senior management representative and participate in direct discussions in an attempt to resolve the matter. 5.5 For the purposes of sub-clause 5.4 (i), (ii) and (iii) the Employee or Employees may appoint a workplace representative (which may include a union delegate or union official nominated by the Employee or Employees) to accompany or represent the employee or employees in relation to the dispute. 5.6 Emphasis will be placed on an agreed settlement of the matter. However, if the dispute remains unresolved, and all agreed steps for resolving the dispute have been taken, and there have been genuine attempts to resolve the matter at the workplace, the following shall occur: (i) The person who has raised the dispute shall refer the matter to FWC within forty eight (48) hours; (ii) If the dispute is not referred, any affected Employee or the Company covered by the Agreement may refer the matter in dispute to FWC; (iii) Either the Employee or Employees may authorise a workplace representative named as being covered by the Agreement or another representative of their choice, and the Company may authorise an organisation of its choice or another representative, to refer the matter to the FWC and represent the interests of the Employee or Employees or the Company before FWC in any further proceedings. 5.7 FWC in dealing with the dispute may exercise the following roles and powers: (i) FWC must first attempt to resolve the dispute by mediation or conciliation. For that purpose: In attempting to resolve the matter FWC shall confer with the parties informally to agree on procedural matters including the manner in which each side will present its case, confidentiality requirements, representation, timing, location and duration of proceedings and any other matters about FWC’s role in respect to establishing procedures to resolve the dispute. In attempting to resolve the matter FWC may help the parties identify and define the matters in dispute and help the parties develop a procedure for resolving the dispute quickly and in a way that avoids unnecessary technicalities and legal forms. The parties agree that during mediation or conciliation, FWC may if requested and agreed to by both parties discuss the matters in dispute privately with any of the parties to the dispute or their representatives. FWC shall keep confidential the content of any such discussions and shall not convey the content of such discussions unless specifically authorised to do so by the party concerned. FWC may, if after the preceding steps have been followed and the dispute has not been resolved, and if the parties agree, make suggestions as to what would constitute a reasonable resolution to the dispute or any part thereof and provide within a reasonable timeframe a written statement of such suggestions to the parties. (ii) If mediation or conciliation fails to resolve the grievance FWC may arbitrate the matter. (iii) Where FWC arbitrates over the dispute, the decision of FWC will bind the parties subject to either party exercising a right of appeal against the decision to the Full Bench of FWC. (iv) Where the dispute is arbitrated, FWC may exercise the powers contained in Division 3 of Part 5.1, Chapter 5 of the FW Act. (v) Where the dispute is arbitrated, FWC shall take into account the commercial, operational and economic impact the resolution of the dispute will have on the Company’s business or other affected third parties in the decision it makes to resolve the matter. 5.8 Where any dispute arises, this process shall be followed and work shall continue normally unless an employee has a reasonable concern about an imminent risk to their health or safety. Where such a concern does arise the Employee or Employees shall perform other work as directed by the Company where such a risk is not present. 5.9 The Company or its representative will make themselves available upon the request of the Employee or his or her workplace representative so as to quickly deal with the dispute. However, all parties need to understand that the process of discussion and consultation takes time. 5.10 Any outcome reached by the parties (and/or their representatives), or recommendation, decisions or determinations arising from the FWC proceedings must not be inconsistent with the Code for Building and Maintenance work 2016, as varied or in place from time to time. It is further agreed that any conciliation outcome, FWC recommendation or arbitrated decision that may determine the dispute over the Agreement content must not change the integrity of, the intent and/or benefits contained in the Agreement. 5.11 The Company will approve paid leave for disputes procedure training per calendar year of up to five (5) days at the Employee’s ordinary rate of pay for ordinary hours only for one (1) Employee who is a Workplace Representative nominated by the Employees of this Agreement. The taking of such leave will be arranged so as not to disrupt operational requirements of the Company. Where a bargaining representative named as being covered by this Agreement nominates disputes procedure training, the bargaining representative shall provide at least one (1) months written notice to the Company. The notice to the Company must contain details of the type, content and duration of the training to be attended.