Common use of Disputes Resolution Procedure Clause in Contracts

Disputes Resolution Procedure. 10.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 10.2 In the event of any work related grievance arising between the Company and an employee or employees, the matter shall be dealt with in the following manner: a. The matter shall be first submitted by the employee/s or his/her employee representative or other representative to the site foreperson, supervisor or the other appropriate site representative of the Company, and if not settled, to a more senior Company representative. b. Alternatively, the Company may submit an issue to the employee/s who may seek the assistance and involvement of the employee representative or other representative. c. Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. d. If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or other representative of the employee, and senior Company representative. e. The relevant union official commits to make him/herself available to be involved at any stage of the procedure as required, or in respect of any potential dispute. f. Should the matter remain unresolved either of the parties or their representative shall refer the dispute at first instance to the Victorian Building Industry Disputes Panel (which shall deal with the dispute in accordance with the Panel Charter. g. Either party may, within 14 days of a decision of the Panel, refer that decision to the Australian Industrial Relations Commission (AIRC) for review. The AIRC may exercise its conciliation and/or arbitration powers in such review. 10.3 Any outcome determined by the Victorian Building Industry Disputes Panel or the AIRC pursuant to this procedure will not be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Workplace Relations Act 1996 or the Building and Construction Industry Improvement Act 2005. 10.4 This procedure shall be followed in good faith without unreasonable delay. 10.5 If any party fails or refuses to follow any step of this procedure the non breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately seek relief by application to the AIRC.

Disputes Resolution Procedure. 10.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 10.2 In the event of any work related grievance arising between the Company and an employee or employees, the matter shall be dealt with in the following manner: a. The matter shall be first submitted by the employee/s or his/her employee representative or other representative to the site foreperson, supervisor or the other appropriate site representative of the Company, and if not settled, to a more senior Company representative. b. Alternatively, the Company may submit an issue to the employee/s who may seek the assistance and involvement of the employee representative or other representative. c. Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre-pre- dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. d. If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s)official, or other representative of the employee, and senior Company representative. e. The relevant union official commits to make him/herself available to be involved at any stage of the procedure as required, or in respect of any potential dispute. f. Should the matter remain unresolved either of the parties or their representative shall refer the dispute at first instance to the Victorian Building Industry Disputes Panel (which shall deal with the dispute in accordance with the Panel Charter). g. Either party may, within 14 days of a decision of the Panel, refer that decision to the Australian Industrial Relations Commission (AIRC) for review. The AIRC may exercise its conciliation and/or arbitration powers in such review. 10.3 Any outcome determined by the Victorian Building Industry Disputes Panel or the AIRC pursuant to this procedure will not be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Workplace Relations Act 1996 or the Building and Construction Industry Improvement Act 2005. 10.4 This procedure shall be followed in good faith without unreasonable delay. 10.5 10.4 If any party fails or refuses to follow any step of this procedure the non breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately seek relief by application to the AIRC.

Disputes Resolution Procedure. 10.1 A major objective (1) In order to assist to achieve harmonious working relationships and maintain on-going service delivery by AMEC Services Pty Ltd, regular and ongoing consultation between the employees and the Company will be required to ensure co-operation is provided. (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. (3) Subject to the provisions of this Agreement is to eliminate lost time and/or production arising out of sub-clause, where any questions, disputes or grievancesdifficulties arise between an employee or employees and the Company the process below shall be followed in resolving the matter. Disputes over any work related or industrial matter or The process shall not apply to any matters arising out that are defined as prohibited content however so defined or referred to in the Workplace Relations Act 1996 and Workplace Relations Regulations 2006 as amended from time to time. 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 operation of the Agreement steps below to be followed: (a) The employee or incidental to the operation of the Agreement should be dealt employees must first discuss any grievance with as close to its source as possible. Disputes over matters arising from this Agreement (their foreperson or any other dispute related to the employment relationship) shall be dealt with according to the following proceduresupervisor. 10.2 (b) If the matter is unable to be resolved the employee or employees will discuss any grievance with the Company’s senior site representative, who shall attempt to resolve the matter. (c) In the event of any work related such discussions not resolving the grievance arising between the Company employee or employees will meet with the Company’s senior management representative and participate in direct discussions in an attempt to resolve the matter. (d) For the purposes of sub-clause 9 (3) (a), (b) and (c) the employee or employees may appoint another person or organisation that is entitled to represent their industrial interests including a union delegate or union official from the Union party to this Agreement to accompany or represent the employee or employees in relation to the grievance. This does not prevent an employee or employeesemployees from appointing an alternative representative should they make such a request. (e) Emphasis will be placed on an agreed settlement of the matter. However, if the grievance remains unresolved, and all agreed steps for resolving the grievance have been taken, and there have been genuine attempts to resolve the matter at the workplace, the matter following shall be dealt with in the following manneroccur: a. (i) The matter shall be first submitted by person who has raised the employee/s or his/her employee representative or other representative to the site foreperson, supervisor or the other appropriate site representative of the Company, and if not settled, to a more senior Company representative. b. Alternatively, the Company may submit an issue to the employee/s who may seek the assistance and involvement of the employee representative or other representative. c. Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. d. If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or other representative of the employee, and senior Company representative. e. The relevant union official commits to make him/herself available to be involved at any stage of the procedure as required, or in respect of any potential dispute. f. Should the matter remain unresolved either of the parties or their representative grievance shall refer the dispute at first instance to the Victorian Building Industry Disputes Panel (which shall deal with the dispute in accordance with the Panel Charter. g. Either party may, within 14 days of a decision of the Panel, refer that decision to the Australian Industrial Relations Commission (AIRC) for review. The AIRC may exercise its conciliation and/or arbitration powers in such review. 10.3 Any outcome determined by the Victorian Building Industry Disputes Panel or the AIRC pursuant to this procedure will not be inconsistent with the Australian Government Implementation Guidelines for the National Code under Division 5 of Practice for the Construction Industry, Part 13 of the Workplace Relations Act 1996 within forty eight (48) hours; (ii) If the grievance is not referred, any employee or party bound by the Agreement may refer the matter in dispute to the Australian Industrial Relations Commission; (iii) Either the employee or employees or the Building Company may authorise an organisation of their choice or another representative to refer the matter to the Australian Industrial Relations Commission and Construction Industry Improvement Act 2005represent their interests before the Commission in any further proceedings. 10.4 This (f) The Australian Industrial Relations Commission in dealing with the grievance may exercise the following roles and powers: (i) The Commission must first attempt to resolve the grievance by mediation or conciliation. For that purpose: In attempting to resolve the grievance the Commission 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 the Commission’s role in respect to establishing procedures to resolve the grievance. If the parties can not agree on procedural matters, the commission may determine the procedures to be followed in attempting to resolve the grievance. In attempting to resolve the grievance the Commission 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, the Commission 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. The Commission 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. The Commission may, if after the preceding steps have been followed and the grievance 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 the Commission may arbitrate the matter. (iii) Where the Commission arbitrates over the grievance, the decision of the Commission will bind the parties subject to either party exercising a right of appeal against the decision to the Full Bench of the Commission. (iv) Where the grievance is arbitrated, the Commission may exercise the powers contained in section 111 (1) Division 4 (sub-division B) of Part 3 of the Workplace Relations Act 1996. (4) Where any grievance arises, this procedure shall be followed in good faith without unreasonable delayand work shall continue normally unless an employee has a reasonable concern about an imminent risk to their health or safety. When such a concern arises, the employee or employees shall perform other work as directed by the Company where such a risk is not present. 10.5 If any party fails (5) The Company or refuses to follow any step of this procedure its representative will make themselves available upon the non breaching party will not be obligated to continue through the remaining steps request of the procedureemployee or his or her representative so as to quickly deal with the grievance. However, all parties need to understand that the process of discussion and may immediately seek relief by application to the AIRCconsultation takes time.

Disputes Resolution Procedure. 10.1 3.1. A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 10.2 In a) The FTM/s concerned will first meet and confer with their immediate supervisor. The FTM/s may appoint another person to act on their behalf this may be a shop ▇▇▇▇▇▇▇ or delegate of the event of any work related grievance arising between the Company and an employee or employees, union. b) If the matter shall be dealt with in is not resolved at such a meeting the following manner: a. parties will arrange further discussions involving the Branch Manager of the local office. The matter shall be first submitted by the employee/s FTM or his/her employee representative may invite a union official or other representative to be involved in the site foreperson, supervisor or discussions. The employer may also invite into the other appropriate site representative discussions an officer of the Company, and if not settled, employer organisation to a more senior Company representativewhich the employer belongs. b. Alternatively, the Company may submit an issue to the employee/s who may seek the assistance and involvement of the employee representative or other representative. c. Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre-dispute status quo shall prevail while c) If the matter is being dealt with in accordance with this procedure. d. If still not resolved, there resolved at such a meeting the parties will arrange further discussions involving the IR Director or CEO. The FTM or representative may be discussions between the relevant Union invite a union official (if requested by the employee/s), or other representative of the employee, and senior Company representative. e. The relevant union official commits to make him/herself available to be involved at any stage in the discussions. The employer may also invite into the discussions an officer of the procedure as required, or in respect of any potential disputeemployer organisation to which the employer belongs. f. Should d) If the matter remain unresolved cannot be resolved directly between the parties, either of the parties or their representative shall party may refer the dispute at first instance to the Victorian Building Industry Disputes Panel (which shall deal with the dispute in accordance with the Panel Charter. g. Either party may, within 14 days of a decision of the Panel, refer that decision matter to the Australian Industrial Relations Commission (AIRC) for reviewassistance in resolving the matter by conciliation and/or arbitration. Any determination of the Commission shall be binding on both parties. The AIRC Commission may exercise its conciliation also give all such directions and/or arbitration powers in recommendations and do such review. 10.3 things necessary or expedient for the speedy and just hearing and determination of the dispute. Any outcome determined decision by the Victorian Building Industry Disputes Panel or the AIRC pursuant to this procedure will Commission shall not be inconsistent with the Australian Government Implementation Guidelines for building code. e) While the National Code of Practice for parties are attempting to resolve the Construction Industrymatter, the Workplace Relations Act 1996 status quo antes will prevail, unless the FTM has a reasonable concern about an imminent risk to their health or the Building and Construction Industry Improvement Act 2005safety. 10.4 This 3.2. In the event that an FTM has a grievance with the employer, the following procedure shall apply: a) The steps described in (a) and (b) above shall be followed in good faith without unreasonable delayan attempt to resolve the matter directly at the site. If the grievance is about a change in work practices, there shall be no change until the disagreement has been resolved. 10.5 If any party fails b) Should the grievance remain unresolved, the FTM, or refuses their representative or the employer may refer the grievance to follow any step of this procedure the non breaching party will not be obligated to continue through the remaining steps a member of the procedureAustralian Industrial Relations Commission for the purpose of mediation and/or private arbitration. 3.3. Upon request, and an FTM representative may immediately seek relief by application consistent with the law, attend an appropriate, FTM nominated course to develop the AIRCskills necessary to their representative role.

Disputes Resolution Procedure. 10.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 10.2 In the event of any work related grievance arising between the Company and an employee or employees, the matter shall be dealt with in the following manner: a. The matter shall be first submitted by the employee/s or his/her employee representative or other representative to the site foreperson, supervisor or the other appropriate site representative of the Company, and if not settled, to a more senior Company representative. b. Alternatively, the Company may submit an issue to the employee/s who may seek the assistance and involvement of the employee representative or other representative. c. Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. d. If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or other representative of the employee, and senior Company representative. e. The relevant union official commits to make him/herself available to be involved at any stage of the procedure as required, or in respect of any potential dispute. f. Should the matter remain unresolved either of the parties or their representative shall refer the dispute at first instance to the Victorian Building Industry Disputes Panel (which shall deal with the dispute in accordance with the Panel Charter, provided that any outcome determined by the Panel will not be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Workplace Relations Act 1996 or the Building and Construction Industry Improvement Act 2005). g. f. Either party may, within 14 days of a decision of the Panel, refer that decision to the Australian Industrial Relations Commission (AIRC) for review. The AIRC may exercise its conciliation and/or arbitration powers in such review. 10.3 Any outcome determined by the Victorian Building Industry Disputes Panel or the AIRC pursuant to this procedure a third party will not be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Workplace Relations Act 1996 or the Building and Construction Industry Improvement Act 2005. 10.4 This procedure shall be followed in good faith without unreasonable delay. 10.5 If any party fails or refuses to follow any step of this procedure the non breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately seek relief by application to the AIRC.