Common use of DISPUTE SETTLING PROCEDURE Clause in Contracts

DISPUTE SETTLING PROCEDURE. Subject to this clause, any dispute relating to the NES or any grievance, dispute or matter which is raised by St ▇▇▇▇, an Employee or group of Employees, except disputes relating to the termination of an Employee’s employment or disciplinary procedures, will be settled according to the following procedure: (a) The complainant will document the dispute in writing and it will then be discussed between the Employee(s) and the relevant supervisor in an attempt to resolve it. (b) If the dispute is not resolved as outlined in clause 36(a) above within five (5) week days of being raised with the relevant supervisor, the dispute will be referred to the relevant line manager, who will attempt to resolve it. (c) If the dispute is not resolved as outlined in clause 36(b) above within five (5) week days of being raised with the relevant line manager, the dispute will be referred to the Chief Executive Officer or their nominee, who will attempt to resolve it. (d) If the dispute is not resolved as outlined in clause 36(c) above within five (5) week days of being raised with the Chief Executive Officer or his/her nominee, and the dispute relates to a matter arising under this Enterprise Agreement or relating to the NES, any party to the dispute may refer it to Fair Work. (e) Fair Work may deal with the dispute in two (2) stages: (i) Fair Work will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (ii) if Fair Work is unable to resolve the dispute at the first stage, Fair Work may then: (A) arbitrate the dispute; and (B) make a determination that is binding on the parties. (f) The parties to the dispute will abide by the decision of Fair Work subject to any party to the dispute exercising a right of appeal against the decision in accordance with the Fair Work Act. (g) The period for resolving a dispute may be extended by agreement between the parties. (h) At all stages of the procedure set out above, either party may appoint or be accompanied by a representative of their choice. (i) While the dispute is being dealt with, or while any conciliation or arbitration is progressing, the Employee(s) concerned will continue to work in accordance with this Agreement.

DISPUTE SETTLING PROCEDURE. Subject to 2.1.1 If a dispute arises about any matter under this clauseagreement, any dispute relating to the NES or in relation to any grievanceother employment matter, including a dispute about whether a workplace right has been breached, the relevant parties to the dispute will attempt to resolve the dispute at the workplace level. Where such discussions do not resolve the dispute the relevant parties will attempt to resolve the dispute by further discussions with more senior levels of management. 2.1.2 Internal Resolution Process – workplace level Step 1 The matter in dispute will be discussed and every effort will be made to resolve the dispute at the workplace level between the Employee’s concerned, or through their representative if one is appointed, and the Employee’s Supervisor or other relevant decision maker; Step 2 If the matter which is raised remains unresolved after Step 1, the matter shall then be examined by St ▇▇▇▇the officer appointed by the Employer to deal with industrial matters, an who will attempt to help the parties at the workplace to resolve the matter; Step 3 If the matter remains unresolved after Step 2, the Employee or group of Employees, except disputes relating the Employer may refer the matter to the termination of an Employeenominated Manager and/or the nominated Manager’s employment or disciplinary procedures, Representative where the issue in dispute will be settled according discussed and every effort will be made to find a solution. If the matter remains unresolved, the parties will ensure that the matter is recorded in writing. 2.1.3 A party to the following proceduredispute may refer the dispute to the Fair Work Commission (FWC) in an effort to resolve the dispute where: (a) The complainant will document dispute cannot be resolved at the dispute in writing and it will then be discussed between the Employee(s) and the relevant supervisor in an attempt to resolve it.workplace level; or (b) If the The dispute is not resolved as outlined being progressed in clause 36(a) above within five (5) week days of being raised with the relevant supervisor, the dispute will be referred to the relevant line manager, who will attempt to resolve it.a timely manner; or (c) If the dispute is not resolved as outlined There are aspects in clause 36(b) above within five (5) week days of being raised with the relevant line manager, the dispute will be referred to the Chief Executive Officer or their nominee, who will attempt to resolve it. (d) If the dispute is not resolved as outlined in clause 36(c) above within five (5) week days of being raised with the Chief Executive Officer or his/her nominee, and the dispute relates to a matter arising under this Enterprise Agreement or relating to the NES, any party relation to the dispute may refer it that require the dispute to Fair Workbe dealt with urgently. (e) Fair Work 2.1.4 FWC may deal with the dispute in two (2) stagesusing all the procedures available to it under the Act including: (ia) Fair Work will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendationConciliation; andor (iib) if Fair Work is unable to resolve the dispute at the first stage, Fair Work may then:Mediation; or, (Ac) arbitrate where the dispute; and (B) make a determination that is binding on the parties. (f) The parties to the dispute will abide agree, by the decision issuing of Fair Work subject to any party to a recommendation; or (d) the expression of an opinion. 2.1.5 If, after following the above procedure the matter remains unresolved, the FWC may settle the dispute exercising a right of by arbitration. During arbitration and/or the appeal against the decision process either party may seek leave from FWC in accordance with the Fair Work provisions of the Act, to be legally represented. (g) 2.1.6 The period for resolving a status quo that existed immediately prior to the mater giving rise to the dispute may be extended by agreement between will remain and work will continue as it was prior to the partiesdispute. (h) At all stages of the procedure set out above, either party 2.1.7 An Employee may appoint or choose to be accompanied by a representative of their choice. (i) While the dispute is being dealt with, or while represented in any conciliation or arbitration is progressing, the Employee(s) concerned will continue to work such discussions in accordance with the terms of this clause. 2.1.8 A dispute commenced under the ETS Infrastructure Management Pty Ltd T/as ETS Vegetation Management Electrical Supply Industry Queensland Enterprise Agreement 2021-2024, (“the Previous Agreement”) but not concluded at the time at which this Agreement commences, shall continue to be dealt with in accordance with the relevant provisions that apply under the Previous Agreement. 2.1.9 Any dispute which arose under the Previous Agreement, whether formally notified before or after the commencement of this Agreement, shall be resolved under the dispute settling procedure of the Previous Agreement. 2.1.10 For the purposes of this sub-clause the relevant provisions of the Previous Agreement are deemed to be provisions of this Agreement. 2.1.11 This subclause applies to disputes only just commenced, to those which are part heard, to those where there is a decision reserved, and to any appeals relating to an earlier dispute.

DISPUTE SETTLING PROCEDURE. Subject to this clause, any dispute relating The parties to the NES Agreement shall observe the following Grievance and Disputes Procedure: The aim of this procedure is to ensure that during the life of the Agreement, employment related grievances or any grievance, disputes are prevented or resolved as quickly as possible at the level they occur in the workplace. When a dispute or matter which is raised by St ▇▇▇▇, an Employee or group of Employees, except disputes relating to the termination of an Employee’s employment or disciplinary procedures, will be settled according to grievance arises the following proceduresteps are to be followed: (a) Step 4. The complainant will document the dispute in writing and it will then matter shall be discussed between the Employee(semployee(s) and the relevant supervisor involved (and a witness if requested by either party). If the matter remains unresolved follow Step 2. The matter shall be discussed between the employee(s), and the appropriate Department Head (and, if requested, either a site Union delegate or another employee nominated by the employee involved where the employee is not a member of the Union). If the matter remains unresolved follow Step 3. The matter shall be discussed by the ECC. If the matter remains unresolved following Step 4. The matter shall be discussed between the employee(s) and the appropriate Department Manager and the Club’s Secretary Manager (and, if requested, a Union representative or another employee nominated by the employee where the employee is not a member of the Union). Where it is agreed by the parties, Steps 1- 4 may be conducted concurrently. Alternatively, a step may be omitted where it is agreed by the parties to be appropriate in an attempt to resolve itthe circumstances. If the matter remains unresolved follow Step 5. (b) If Step 5. Emphasis shall be placed on a negotiated settlement. However, if the above negotiation process is exhausted without the issue in dispute is not being resolved as outlined in clause 36(a) above within five (5) week days of being raised with management shall arrange to have the relevant supervisor, the dispute will be matter referred to the relevant line manager, who will attempt to resolve it. NSW Industrial Relations Commission (cNSWIRC) for its assistance. If the dispute is not resolved as outlined in clause 36(b) above within five (5) week days of being raised with the relevant line manager, the dispute will be referred to the Chief Executive Officer or their nominee, who will attempt to resolve it. (d) If the dispute is not resolved as outlined in clause 36(c) above within five (5) week days of being raised with the Chief Executive Officer or his/her nominee, and the dispute relates to a matter arising under this Enterprise Agreement or relating to the NES, any party to the dispute may refer it to Fair Work. (e) Fair Work may deal with the dispute in two (2) stages: (i) Fair Work will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (ii) if Fair Work NSWIRC is unable to resolve the dispute at the first stage, Fair Work may then: (A) issue by conciliation it shall arbitrate the dispute; and (B) make a determination that is binding on the parties. matter and the parties shall be bound by this decision. In order to allow for the peaceful resolution of grievances the parties shall be committed to avoiding stoppages of work, lockouts or any other bans or limitations on the performance of work while the procedures of negotiation and conciliation (fand, where applicable, arbitration) are being followed unless the issue is one pertaining to a matter specifically relating to safety. The parties to Club shall ensure that all practices applied during the dispute will abide by the decision operation of Fair Work subject to any party to the dispute exercising a right of appeal against the decision this procedure are in accordance with safe working practices at the Fair Work Actworkplace. (g) The period for resolving a dispute may be extended by agreement between the parties. (h) At all stages of the procedure set out above, either party may appoint or be accompanied by a representative of their choice. (i) While the dispute is being dealt with, or while any conciliation or arbitration is progressing, the Employee(s) concerned will continue to work in accordance with this Agreement.