Common use of Disputes Resolution Procedure Clause in Contracts

Disputes Resolution Procedure. 9.1 The general principle underlying this dispute resolution procedure is to provide a process enabling disputes to be resolved speedily and effectively. 9.2 The parties shall each be under a general obligation to negotiate in good faith with the other in relation to any dispute of whatever nature arising in connection with this Agreement. Nothing contained in this Section 9 shall prevent either party seeking any interim or interlocutory relief from the Court or taking any necessary action in order to fulfil its statutory duties and/or mitigate any possible losses and to ensure that relevant deadlines and timetables are met. The implementation of this dispute resolution procedure shall continue (unless the Parties agree otherwise) notwithstanding any such action taken. The dispute procedure is as follows: 9.3 Stage 1 - Negotiation between the Parties Neither party shall refer any dispute to Stage 2 of this dispute resolution procedure or to the Fast Track Procedure unless they have first taken reasonable steps to notify and discuss the dispute with the other Party and to resolve it amicably. The reasonable steps to be taken by either Party shall take into account:  all surrounding circumstances of the dispute; and  the urgency of obtaining a resolution to the dispute; and  the likelihood (or otherwise) of settling the dispute in negotiation with the other Party. 9.4 Stage 2 - Internal Dispute Resolution Where a dispute has not been resolved at Stage 1 of this Dispute Resolution Procedure either party may at any time formally refer such dispute to the Locality Board to seek resolution. Such referral to the Locality Board shall be by way of a written notice giving short particulars of the dispute and referring to this Dispute Resolution Procedure. The Locality Board shall without delay arrange to meet to discuss and seek to settle the dispute by agreement. If through the discussions of the Locality Board at the said meetings the Parties are unable to resolve the dispute then the dispute shall be referred immediately after the meeting to:  the Chief Executive Officer in the case of The Trust; and  the Corporate Director with responsibility for Social Care in the case of the Council. They shall meet at the earliest practicable time to discuss and seek to settle the dispute. 9.5 Stage 3 - Mediation If the matter can still not be resolved by agreement between the Parties, the Parties shall attempt to settle the dispute by mediation in accordance with the Centre for Dispute Resolution (“CEDR”) Model Mediation Procedure (“Model Procedure”) (as published by CEDR from time-to-time) as attached or by an alternative mediation procedure as shall be agreed between the Parties. Referral to mediation or failure to settle using mediation will not prevent any Party from commencing Court proceedings at any time. 9.6 Where the circumstance of a dispute are such that:  it must be settled by a given date in order to enable one or both parties to meet a deadline imposed by a body with executive legislative or judicial authority over it; or  one or both of the parties reasonably considers that there are other material reasons why the dispute must be settled within a given period or by a given date, and because of this the deadline is such as to preclude use of the full dispute resolution procedure, then this Fast Track Procedure shall apply. The Fast Track Procedure shall omit Stage 2 (Internal Dispute Resolution) and/or Stage 3 (mediation) at the sole option of either Party. An agreement to use the Fast Track Procedure shall be without prejudice to each parties' right to commence Court proceedings at any time.

Disputes Resolution Procedure. 9.1 The general principle underlying this If a dispute resolution procedure is to provide a process enabling disputes to be resolved speedily and effectively. 9.2 The parties shall each be under a general obligation to negotiate in good faith with the other in relation to any dispute of whatever nature arising in connection with this Agreement. Nothing contained in this Section 9 shall prevent either party seeking any interim or interlocutory relief from the Court or taking any necessary action in order to fulfil its statutory duties and/or mitigate any possible losses and to ensure that relevant deadlines and timetables are met. The implementation of this dispute resolution procedure shall continue (unless the Parties agree otherwise) notwithstanding any such action taken. The dispute procedure is as followsrelates to: 9.3 Stage 1 - Negotiation between the Parties Neither party shall refer any dispute to Stage 2 of 15.1 A matter arising under this dispute resolution procedure or to the Fast Track Procedure unless they have first taken reasonable steps to notify Agreement and discuss the dispute with the other Party and to resolve it amicably. incorporated Awards; or 15.2 The reasonable steps to be taken by either Party shall take into account:  all surrounding circumstances of the disputeNES, or 15.3 A request for flexible working arrangements; and  the urgency of obtaining a resolution to the dispute; and  the likelihood (or otherwise) of settling the dispute in negotiation with the other Party. 9.4 Stage 2 - Internal Dispute Resolution Where a dispute has not been resolved at Stage 1 of this Dispute Resolution Procedure either party may at any time formally refer such dispute to the Locality Board to seek resolution. Such referral to the Locality Board shall be by way of a written notice giving short particulars of the dispute and referring to this Dispute Resolution Procedure. The Locality Board shall without delay arrange to meet to discuss and seek to settle the dispute by agreement. If through the discussions of the Locality Board at the said meetings the Parties are unable to resolve the dispute then the dispute shall be referred immediately after the meeting to:  the Chief Executive Officer in the case of The Trust; and  the Corporate Director with responsibility for Social Care in the case of the Council. They shall meet at the earliest practicable time to discuss and seek clause sets out procedures to settle the dispute. 9.5 Stage 3 - Mediation 15.4 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. 15.5 A representative, including a Union or employer representative, may initiate the dispute on behalf of an employee/s. 15.6 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 local management. 15.7 If the dispute remains unresolved further discussions involving employee/s representative and senior management. 15.8 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter can still not be resolved by agreement between to the Parties, Fair Work Commission. 15.9 The Fair Work Commission may deal with the Parties shall dispute in 2 stages: a. the Fair Work Commission will attempt to settle resolve the dispute as it considers appropriate, including by mediation 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, it may then arbitrate the dispute; and make a determination that is binding on the parties. Subject to the parties rights to appeal. Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the FWA. 15.10 A decision the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. 15.11 While the parties are trying to resolve the dispute using the procedures in this clause an employee must continue to perform his or her work as he or she would normally, according to the custom or practice existing before the dispute arose until the dispute is resolved. No party shall be prejudiced by the continuation of work. Health and safety matters are exempted from this clause. 15.12 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with the Centre for Dispute Resolution (“CEDR”) Model Mediation Procedure (“Model Procedure”) (as published by CEDR from time-to-time) as attached or by an alternative mediation procedure as shall be agreed between the Parties. Referral to mediation or failure to settle using mediation will not prevent any Party from commencing Court proceedings at any timethis clause. 9.6 Where the circumstance of a dispute are such that:  it must be settled by a given date in order to enable one or both parties to meet a deadline imposed by a body with executive legislative or judicial authority over it; or  one or both of the parties reasonably considers that there are other material reasons why the dispute must be settled within a given period or by a given date, and because of this the deadline is such as to preclude use of the full dispute resolution procedure, then this Fast Track Procedure shall apply. The Fast Track Procedure shall omit Stage 2 (Internal Dispute Resolution) and/or Stage 3 (mediation) at the sole option of either Party. An agreement to use the Fast Track Procedure shall be without prejudice to each parties' right to commence Court proceedings at any time.

Disputes Resolution Procedure. 9.1 20.1 The general principle underlying this following procedure will take place if there is a dispute resolution procedure is to provide a process enabling disputes to be resolved speedily between an employee and effectively. 9.2 The parties shall each be under a general obligation to negotiate in good faith with the other employer in relation to any dispute of whatever nature a matter arising in connection with under this Agreement, or the NES and any matter pertaining to the relationship between the employer and the employee(s). Nothing contained Dispute Resolution Procedure Objective A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. The parties to this Agreement are committed to complying with the terms of this procedure. Disputes over work related or industrial matters arising from this Agreement, or any other dispute related to the employment relationship, or the NES shall be dealt with according to the following procedure. To resolve disputes quickly, fairly and at a local level where possible and to encourage direct communication between employees and their leader. During a Dispute While the dispute is being dealt with in accordance with the procedure in this Section 9 shall prevent either party seeking any interim or interlocutory relief from clause: The parties will maintain the Court or taking any necessary action in order status quo existing immediately prior to fulfil its statutory duties and/or mitigate any possible losses and to ensure that relevant deadlines and timetables are metthe subject matter of the dispute arising. The implementation of this dispute resolution procedure Work shall continue (in accordance with the status quo unless the Parties agree otherwise) notwithstanding any such employee has a reasonable concern about an imminent risk to their health or safety. For the avoidance of doubt, “maintain the status quo” means that the action taken. The dispute procedure is as follows: 9.3 Stage 1 - Negotiation between the Parties Neither party shall refer any dispute to Stage 2 of this dispute resolution procedure or giving rise to the Fast Track Procedure unless they have dispute will be withdrawn, and the situation immediately prior to the action giving rise to the dispute will apply until the dispute is resolved. Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. Support/ Representation An employee has the right to be represented (by the Union or a Union delegate or another representative or support person of their choice) at any Step of the dispute. Step 1 In the first taken reasonable instance, the parties to the dispute will take genuine steps to notify try and discuss resolve the dispute at the workplace level. Relevant employee(s) should try to resolve the dispute first through discussions with their manager/supervisor. Step 2 If the dispute remains unresolved after Step 1, the relevant employee(s) to the dispute (or their representative) may raise the dispute with the other Party State Manager. At Step 2, and for all following steps, the dispute may be outlined in writing by either party. Step 3 If the dispute remains unresolved after Step 2, either party may refer the dispute to resolve it amicablythe FWC. The reasonable steps to be taken FWC may deal with the dispute by either Party shall take into accountconciliation, by arbitration, or by exercising any of its powers under the FW Act, or by any combination of methods. If the FWC deals with the dispute by arbitration:  all surrounding circumstances - By a single member of the disputeFWC and makes an arbitral award (FWC Decision): - Any party to the dispute (or its representative) may, within 21 days after the date of the FWC Decision, appeal to the Full bench of the FWC; - If no party appeals from the FWC Decision within the period stated above, that FWC Decision will be final and  binding on the urgency of obtaining a resolution parties to the dispute; and  the likelihood (or otherwise) of settling the dispute in negotiation with the other Party. 9.4 Stage 2 . - Internal Dispute Resolution Where By a dispute has not been resolved at Stage 1 of this Dispute Resolution Procedure either party may at any time formally refer such dispute to the Locality Board to seek resolution. Such referral to the Locality Board shall be by way of a written notice giving short particulars full bench of the dispute FWC and referring makes a decision, the decision will be final and binding on the parties to this Dispute Resolution Procedure. The Locality Board shall without delay arrange to meet to discuss and seek to settle the dispute by agreement. If through the discussions of the Locality Board at the said meetings the Parties are unable to resolve the dispute then the dispute shall be referred immediately after the meeting to:  the Chief Executive Officer in the case of The Trust; and  the Corporate Director with responsibility for Social Care in the case of the Council. They shall meet at the earliest practicable time to discuss and seek to settle the dispute. 9.5 Stage 3 - Mediation If the matter can still not be resolved by agreement between the Parties, the Parties shall attempt to settle the dispute by mediation in accordance with the Centre for Dispute Resolution (“CEDR”) Model Mediation Procedure (“Model Procedure”) (as published by CEDR from time-to-time) as attached or by an alternative mediation procedure as shall be agreed between the Parties. Referral to mediation or failure to settle using mediation will not prevent any Party from commencing Court proceedings at any time. 9.6 Where the circumstance of a dispute are such that:  it must be settled by a given date in order to enable one or both parties to meet a deadline imposed by a body with executive legislative or judicial authority over it; or  one or both of the parties reasonably considers that there are other material reasons why the dispute must be settled within a given period or by a given date, and because of this the deadline is such as to preclude use of the full dispute resolution procedure, then this Fast Track Procedure shall apply. The Fast Track Procedure shall omit Stage 2 (Internal Dispute Resolution) and/or Stage 3 (mediation) at the sole option of either Party. An agreement to use the Fast Track Procedure shall be without prejudice to each parties' right to commence Court proceedings at any time.

Disputes Resolution Procedure. 9.1 In the event of a grievance arising in the workplace covered by this agreement, the following procedure will apply: In the event of a grievance in relation to a matter arising under this agreement, the employee or employees concerned in the first instance will attempt to resolve the matter at the workplace by discussions between the employee or employees and relevant supervisor/s. If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. Where an employee appoints another employee as a representative, he/she will be allowed the necessary time during working hours to interview the employee/s and the supervisor/s involved in the grievance. A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. If a dispute in relation to the matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (the Commission) for resolution by mediation and/or conciliation, and where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. Any dispute referred to the Commission under this clause should be dealt with by a member nominated by either the head of the relevant panel or the President. The general principle underlying decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an employee has a reasonable concern about an imminent risk to provide a process enabling disputes his her health and safety. An employee shall not leave his place of work without permission of the Supervisor; this permission shall not be unreasonably withheld. In order to be resolved speedily and effectively. 9.2 facilitate the procedure in this clause: The parties shall each be under a general obligation to negotiate in good faith party with the grievance must notify the other in relation to any dispute party at the earliest opportunity of whatever nature arising in connection with this Agreementthe problem. Nothing contained in this Section 9 shall prevent either party seeking any interim or interlocutory relief from Throughout all stages of the Court or taking any necessary action in order to fulfil its statutory duties and/or mitigate any possible losses procedure, all relevant facts must be clearly identified and recorded. A sensible time frame must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that relevant deadlines and timetables the disputes resolution procedures are metcarried out as quickly as possible. The implementation of this dispute resolution procedure shall continue (unless While the Parties agree otherwise) notwithstanding any such action taken. The dispute procedure is as follows: 9.3 Stage 1 - Negotiation between the Parties Neither party shall refer any dispute to Stage 2 of this dispute resolution procedure or to the Fast Track Procedure unless they have first taken reasonable steps to notify and discuss the dispute with the other Party and to resolve it amicably. The reasonable steps to be taken by either Party shall take into account:  all surrounding circumstances of the dispute; and  the urgency of obtaining a resolution to the dispute; and  the likelihood (or otherwise) of settling the dispute in negotiation with the other Party. 9.4 Stage 2 - Internal Dispute Resolution Where a dispute has not been resolved at Stage 1 of this Dispute Resolution Procedure either party may at any time formally refer such dispute to the Locality Board to seek resolution. Such referral to the Locality Board shall be by way of a written notice giving short particulars of the dispute and referring to this Dispute Resolution Procedure. The Locality Board shall without delay arrange to meet to discuss and seek to settle the dispute by agreement. If through the discussions of the Locality Board at the said meetings the Parties parties are unable attempting to resolve the dispute then the dispute shall be referred immediately after the meeting to:  the Chief Executive Officer in the case of The Trust; and  the Corporate Director with responsibility for Social Care in the case of the Council. They shall meet at the earliest practicable time matter, each employee will continue to discuss and seek to settle the dispute. 9.5 Stage 3 - Mediation If the matter can still not be resolved by agreement between the Parties, the Parties shall attempt to settle the dispute by mediation work in accordance with this agreement and their contract of employment unless the Centre employee has a reasonable concern about an imminent risk to his or her health and safety. Subject to the relevant provisions of State occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health and safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work that is safe and appropriate for Dispute Resolution (“CEDR”) Model Mediation Procedure (“Model Procedure”) (as published by CEDR from time-to-time) as attached or by an alternative mediation procedure as shall be agreed between the Parties. Referral employee to mediation or failure to settle using mediation will not prevent any Party from commencing Court proceedings at any timeperform. 9.6 Where the circumstance of a dispute are such that:  it must be settled by a given date in order to enable one or both parties to meet a deadline imposed by a body with executive legislative or judicial authority over it; or  one or both of the parties reasonably considers that there are other material reasons why the dispute must be settled within a given period or by a given date, and because of this the deadline is such as to preclude use of the full dispute resolution procedure, then this Fast Track Procedure shall apply. The Fast Track Procedure shall omit Stage 2 (Internal Dispute Resolution) and/or Stage 3 (mediation) at the sole option of either Party. An agreement to use the Fast Track Procedure shall be without prejudice to each parties' right to commence Court proceedings at any time.

Disputes Resolution Procedure. 9.1 Disputes over matters arising from this Agreement or the NES must be dealt with according to the following procedure: 15.1. The general principle underlying matter must first be submitted by the Team Member(s) via the following process: a) The matter will be first discussed between the aggrieved Team Member and their direct manager. b) If the matter is not resolved, it will then be discussed between the Team Member and the next level Manager. The Team Member may choose to have representation present with them during these discussions. c) If the matter is not yet resolved, it will then be discussed between a more senior representative for the Company and if requested by the Team Member, their representative. 15.2. In order to facilitate this dispute resolution procedure: a) The Team Member(s) with the dispute must notify the Company as soon as they are aware there is an issue or problem. b) Throughout all stages of the procedure, that all relevant facts must be clearly identified and recorded by the parties involved. c) Sensible time limits must be allowed for the completion of the various stages of discussion. These time limits are to be agreed to by the parties at each stage. d) The parties must co-operate to ensure that the dispute resolution procedure is to provide a process enabling disputes to be resolved speedily and effectivelycarried out as quickly as possible. 9.2 e) Either party or their chosen representation may, if the dispute still exists after all of the above agreed steps for resolving the dispute have been taken, refer the matter to the FWC for resolution by mediation or conciliation. f) If the dispute is not resolved following conciliation, the matter may be referred to the FWC for arbitration. The parties Tribunal shall each be under a general obligation have the power to negotiate do all such things as are necessary for the just resolution or determination of the matter in good faith with dispute. This includes the other exercising of procedural powers in relation to any dispute of whatever nature arising in connection with this Agreement. Nothing contained in this Section 9 shall prevent either party seeking any interim or interlocutory relief from directions, hearings, witnesses, evidence and submissions which are necessary to make the Court or taking any necessary action in order to fulfil its statutory duties and/or mitigate any possible losses and to ensure that relevant deadlines and timetables are metarbitration effective. The implementation outcome from arbitration shall be accepted by all parties as a binding decision, subject to any rights of this dispute resolution procedure appeal. g) Work shall continue (unless the Parties agree otherwise) notwithstanding any such action takenwithout interruption while these procedures are being followed. The pre-dispute procedure is as follows: 9.3 Stage 1 - Negotiation between the Parties Neither party status quo shall refer any dispute to Stage 2 of this dispute resolution procedure or to the Fast Track Procedure unless they have first taken reasonable steps to notify and discuss the dispute with the other Party and to resolve it amicably. The reasonable steps to be taken by either Party shall take into account:  all surrounding circumstances of the dispute; and  the urgency of obtaining a resolution to the dispute; and  the likelihood (or otherwise) of settling the dispute in negotiation with the other Party. 9.4 Stage 2 - Internal Dispute Resolution Where a dispute has not been resolved at Stage 1 of this Dispute Resolution Procedure either party may at any time formally refer such dispute to the Locality Board to seek resolution. Such referral to the Locality Board shall be by way of a written notice giving short particulars of the dispute and referring to this Dispute Resolution Procedure. The Locality Board shall without delay arrange to meet to discuss and seek to settle the dispute by agreement. If through the discussions of the Locality Board at the said meetings the Parties are unable to resolve the dispute then the dispute shall be referred immediately after the meeting to:  the Chief Executive Officer in the case of The Trust; and  the Corporate Director with responsibility for Social Care in the case of the Council. They shall meet at the earliest practicable time to discuss and seek to settle the dispute. 9.5 Stage 3 - Mediation If prevail while the matter can still not be resolved by agreement between the Parties, the Parties shall attempt to settle the dispute by mediation is being dealt with in accordance with the Centre for Dispute Resolution (“CEDR”) Model Mediation Procedure (“Model Procedure”) (as published by CEDR from time-to-time) as attached or by an alternative mediation procedure as shall be agreed between the Parties. Referral to mediation or failure to settle using mediation will not prevent any Party from commencing Court proceedings at any timethis procedure. 9.6 Where h) Nothing in this clause prevents the circumstance of Company from directing an employee to attend meeting(s) related to a dispute are such that:  it must be settled by matter subject to this clause, at a given date in order to enable one or both parties to meet a deadline imposed by a body with executive legislative or judicial authority over it; or  one or both of the parties reasonably considers that there are other material reasons why the dispute must be settled within a given period or by a given date, nominated time and because of this the deadline is such as to preclude use of the full dispute resolution procedure, then this Fast Track Procedure shall apply. The Fast Track Procedure shall omit Stage 2 (Internal Dispute Resolution) and/or Stage 3 (mediation) at the sole option of either Party. An agreement to use the Fast Track Procedure shall be without prejudice to each parties' right to commence Court proceedings at any timelocation.