Common use of DISPUTE SETTLEMENT PROCESS Clause in Contracts

DISPUTE SETTLEMENT PROCESS. 14.1 If a dispute relates to: a) a matter arising under the agreement; or b) the National Employment Standards; or c) any other employment-related matter this term sets out procedures to settle the dispute. 14.2 An employee who is a party to the dispute may involve an employee representative to act on their behalf for the purposes of the procedures in this term. 14.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. 14.4 If the matter is not resolved at such a meeting, the parties to the discussion will arrange further discussions involving more senior representatives as appropriate. 14.5 If discussions at the workplace level do not resolve the dispute, or if it is not practicable for steps 14.3 and 14.4 to be completed because of the urgency of the dispute or for any other reason, a party to the dispute may refer the matter to Fair Work Commission. 14.6 Fair Work Commission may deal with the dispute in 2 stages: a) Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and b) if Fair Work Commission is unable to resolve the dispute at the first stage, Fair Work Commission will then: i. arbitrate the dispute; and ii. make a determination that is binding on the parties. 14.7 While the parties are trying to resolve the dispute using the procedures in this term: a) The practices which previously prevailed prior to the dispute arising shall continue unless an employee has a reasonable concern about an imminent risk to his or her health or safety; and b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: i. the work is not safe; or ii. applicable occupational health and safety legislation would not permit the work to be performed; or iii. the work is not appropriate for the employee to perform; or iv. there are other reasonable grounds for the employee to refuse to comply with the direction. 14.8 The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term.

DISPUTE SETTLEMENT PROCESS. 14.1 If a dispute relates to: a) a matter arising under the agreement; or b) the National Employment Standards; or c) any other employment-related matter this term sets out procedures to settle the dispute. 14.2 An employee who is a party to the dispute may involve an employee representative to act on their behalf for the purposes of the procedures in this term. 14.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. 14.4 If the matter is not resolved at such a meeting, the parties to the discussion will arrange further discussions involving more senior representatives as appropriate. 14.5 If discussions at the workplace level do not resolve the dispute, or if it is not practicable for steps 14.3 and 14.4 to be completed because of the urgency of the dispute or for any other reason, a party to the dispute may refer the matter to Fair Work CommissionAustralia. 14.6 Fair Work Commission Australia may deal with the dispute in 2 stages: a) Fair Work Commission Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and b) if Fair Work Commission Australia is unable to resolve the dispute at the first stage, Fair Work Commission Australia will then: i. arbitrate the dispute; and ii. make a determination that is binding on the parties. 14.7 While the parties are trying to resolve the dispute using the procedures in this term: a) The practices which previously prevailed prior to the dispute arising shall continue unless an employee has a reasonable concern about an imminent risk to his or her health or safety; and b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: i. the work is not safe; or ii. applicable occupational health and safety legislation would not permit the work to be performed; or iii. the work is not appropriate for the employee to perform; or iv. there are other reasonable grounds for the employee to refuse to comply with the direction. 14.8 The parties to the dispute agree to be bound by a decision made by Fair Work Commission Australia in accordance with this term.