Common use of DISPUTERESOLUTION Clause in Contracts

DISPUTERESOLUTION. 12.1 If a dispute relates to: (a) a matter arising under the agreement; or (b) the National Employment Standards; (c) this term sets out procedures to settle the dispute. 12.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 12.3 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. 12.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 12.5 The Fair Work Commission may deal with the dispute in two stages: (a) the 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 the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties. 12.6 While the parties are trying to resolve the dispute using the procedures in this term: (a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) where there is a reasonable concern relating to health and safety an employee may be directed to work in another location within the 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. (c) to avoid doubt, the obligations described in sub-clause 12.6 (a) for work to continue normally, means in accordance with custom and practice existing immediately before the dispute arises. 12.7 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.