Disputes Resolution Procedure. 14.1. If a dispute relates to: (a) a matter arising under the Agreement; or (b) the NES; this clause sets out procedures to settle the dispute. 14.2. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. 14.3. In the first instance, the parties to the dispute must try to resolve the dispute by having discussions between the employee or employees and their immediate Coordinator/Supervisor. 14.4. If the dispute is not resolved under subclause 14.3 hereof, the employee or the employee’s representative may refer the matter to the next higher level of management (Manager/Site Manager/Distribution Centre Manager) for discussion. All escalations to the Manager/Site Manager/Distribution Centre Manager must be in writing; must include details of the original dispute and must include details regarding the outcome at the Coordinator/Supervisor level. 14.5. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission. 14.6. The Fair Work Commission may deal with the dispute in two (2) 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. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that 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. 14.7. While the parties are trying to resolve the dispute using the procedures in this clause: (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) 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 clause.
Appears in 1 contract
Sources: Enterprise Agreement
Disputes Resolution Procedure. 14.1. 45.1 If a dispute relates to:
(a) a matter arising under the Agreementagreement; or
(b) the NESNational Employment Standards; this clause term sets out procedures to settle the dispute.
14.2. 45.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clauseterm.
14.3. 45.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by having discussions between the employee or employees and their immediate Coordinator/Supervisorrelevant supervisors and/or management.
14.4. If the dispute is not resolved under subclause 14.3 hereof, the employee or the employee’s representative may refer the matter to the next higher level of management (Manager/Site Manager/Distribution Centre Manager) for discussion. All escalations to the Manager/Site Manager/Distribution Centre Manager must be in writing; must include details of the original dispute and must include details regarding the outcome at the Coordinator/Supervisor level.
14.5. 45.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission.
14.6. 45.5 The Fair Work Commission may deal with the dispute in two (2) 2 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. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. .
45.6 A decision that 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.
14.7. 45.7 While the parties are trying to resolve the dispute using the procedures in this clauseterm:
(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) an employee must comply with a direction given by the Employer 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. 45.8 The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this clauseterm.
Appears in 1 contract
Sources: Enterprise Agreement
Disputes Resolution Procedure. 14.1. If a In relation to any matter that may be in dispute relates between the Parties to this Agreement (“the matter”) the employee and the Company:
10.1 will attempt to resolve the matter at the workplace level, including, but not limited to:
(a) a matter arising under the Agreement; or
(b) the NES; this clause sets out procedures to settle the dispute.
14.2. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause.
14.3. In the first instance, the parties to the dispute must try to resolve the dispute by having discussions between the employee or i. The employees and their immediate Coordinator/Supervisor.supervisor meeting and conferring on the matter; and
14.4ii. If the dispute matter is not resolved under subclause 14.3 hereofat such meeting, the employee and the Company arranging further discussions involving more senior levels of management (as appropriate); and
10.2 acknowledge the right of either employee and the Company to appoint, in writing, another person to act on behalf of either the employee or the employee’s representative may Company in relation to resolving the matter at the workplace level; and
10.3 agree to allow either employee or the Company to refer the matter to mediation if the next higher level of management (Manager/Site Manager/Distribution Centre Manager) for discussion. All escalations to the Manager/Site Manager/Distribution Centre Manager must matter cannot be in writing; must include details of the original dispute and must include details regarding the outcome at the Coordinator/Supervisor level.
14.5. If discussions resolved at the workplace level do not resolve level; and
10.4 agree that if either employee or the dispute, a party to the dispute may refer Company refers the matter to Fair Work Commission.mediation, both the employee and the Company will participate fully in the mediation process; and
14.6. The Fair Work Commission may deal with 10.5 acknowledge the dispute right of either the employee or the company to appoint in two (2) stages:writing, another person to act on behalf of the employee or the company in relation to the mediation process; and
(a) 10.6 agree that during the Fair Work Commission will first time when the employee or the company 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 thenmatter:
(i) arbitrate i. The employee continues to work in accordance with their contract of employment unless the dispute; and
(ii) make a determination that is binding on the parties. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that 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.
14.7. While the parties are trying to resolve the dispute using the procedures in this clause:
(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 their health or safety; and
(b) ii. Subject to the relevant provisions of any state or territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to their health or safety, the employee must not unreasonably fail to comply with a direction given by the Employer company to perform other available work work, whether at the same workplace, workplace or at another workplace, unless:
(i) the work that is not safe; or
(ii) applicable occupational health safe and safety legislation would not permit the work to be performed; or
(iii) the work is not appropriate for the employee to performdo; orand
(iv) there are other reasonable grounds for the employee to refuse to comply with the direction.
14.8iii. The parties employee and the Company must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and
10.7 agree not to be bound by a decision made by Fair Work Commission in accordance with commence an action for breach of this clause.agreement until this process has been followed or fourteen days has expired from the date that notice was given that mediation was not requested mediation or the date that mediation was completed:
Appears in 1 contract
Sources: Employee Collective Agreement
Disputes Resolution Procedure. 14.1The following procedure for the avoidance or resolution of disputes shall apply.
7.1 The employee/s concerned shall first meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including an employee representative.
7.2 Subject to 7.9 and 7.10, below, where an employee representative is involved, he or she shall be allowed the necessary time during working hours to interview the employee/s and the supervisor.
7.3 If the matter is not resolved at such a dispute relates tomeeting further discussions involving more senior management and employee representatives will take place.
7.4 The employee representative shall be allowed, at a place designated by the Company, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplace.
7.5 To facilitate the speedy and efficient resolution of disputes:
(a) a matter arising under 7.5.1 the Agreement; or
(b) party with the NES; this clause sets out procedures to settle grievance must notify the dispute.
14.2. An employee who is a other party to at the dispute may appoint a representative for the purposes earliest opportunity of the procedures in this clause.problem;
14.37.5.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
7.5.3 sensible time limits must be allowed for completion of the various stages of discussion. In the first instanceHowever, the parties must co-operate to ensure that the disputes resolution procedure is carried out as quickly as possible.
7.6 If the matter remains unresolved the parties may, jointly or individually, refer it to the dispute must try Australian Industrial Relations Commission ('AIRC') for conciliation.
7.7 Notwithstanding the above, if a matter arises directly between the parties to this Agreement or if the parties otherwise agree, without all the steps in this procedure being followed, the matter may be referred directly to the AIRC for conciliation.
7.8 If conciliation fails to resolve the matter in dispute the AIRC shall resolve the matter by having discussions between the employee or employees and their immediate Coordinator/Supervisorarbitration.
14.4. If 7.9 Subject to 7.10, below, whilst the dispute is not resolved under subclause 14.3 hereof, the employee or the employee’s representative may refer the matter to the next higher level of management (Manager/Site Manager/Distribution Centre Manager) for discussion. All escalations to the Manager/Site Manager/Distribution Centre Manager must be in writing; must include details of the original dispute and must include details regarding the outcome at the Coordinator/Supervisor level.
14.5. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission.
14.6. The Fair Work Commission may deal with the dispute in two (2) stages:
(a) the Fair Work Commission will first attempt parties are attempting to resolve the matter the pre-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 status quo shall prevail. Where the dispute at arises from a decision of the first stageCompany the situation that prevailed prior to that decision shall prevail. Subject to this Agreement, the Fair Work Commission may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that 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.
14.7. While the parties are trying to resolve the dispute using the procedures in this clause:
(a) an employee must will continue to perform his or her work as he or she would normally in accordance with this Agreement and their contract of employment, unless he or she the employee has a reasonable concern about an imminent risk to his or her health or safety; and
(b) an safety in which case the employee must not unreasonably fail to comply with a direction given by the Employer Company to perform other available work work, whether at the same workplaceenterprise or another enterprise, or at another workplace, unless:
(i) the work that is not safe; or
(ii) applicable occupational health safe and safety legislation would not permit the work to be performed; or
(iii) the work is not appropriate for the employee to perform; or.
7.10 Subject to the pre-dispute status quo, whilst these processes are being followed the parties shall be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the Company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.
7.11 The AIRC may do the following:
(iva) there are other reasonable grounds take evidence on oath or affirmation;
(b) make a determination in relation to all or any matters in dispute including an interim determination and a determination for specific performance of the terms of agreement
(c) give a direction, in the course of, or for the employee purpose of, the hearing or determination of the matter in dispute;
(d) hear and determine the matter in dispute in the absence of a party who has been summoned or served with a notice to refuse appear;
(e) sit at any place;
(f) conduct its proceedings, or any part of its proceedings, in private;
(g) adjourn to comply with any time and place;
(h) refer any matter to an expert and accept the direction.expert’s report as evidence;
14.8. The (i) direct parties to be joined or struck out;
(j) allow the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding;
(k) correct, amend, or waive any error, defect or irregularity, whether in substance or form;
(l) summon before it the parties to the Agreement, witnesses or any other person whose presence the AIRC provider considers would help in the hearing or determination of the matter in dispute agree and compel the production before it of documents and other things for the hearing and determination of the matter in dispute; and
(m) generally give all directions and do all such things as are necessary or expedient for the speedy and just hearing and determination of the matter in dispute.
7.12 If any party fails or refuses to follow any step of this procedure the non breaching party shall not be bound obligated to continue through the remaining steps of the procedure, and may immediately seek relief by a decision made by Fair Work Commission in accordance with this clauseapplication to the AIRC.
Appears in 1 contract
Sources: Collective Agreement
Disputes Resolution Procedure. 14.1.
8.1 If a dispute relates to:
(a) 8.1.1 a matter arising under the this Agreement; or
(b) 8.1.2 the NES; National Employment Standards, this clause sets out procedures the procedure to settle the dispute.
14.2. An employee 8.2 The staff member who is a party to the dispute may appoint choose to be represented by a staff representative (as defined in sub-clause 7.4) for the purposes of the procedures procedure in this clauseclause at any stage in the dispute resolution procedure.
14.3. 8.3 In the first instance, the parties to the dispute must will normally try to resolve the dispute at the workplace level, by having discussions between the employee or employees staff member(s) and their immediate Coordinator/Supervisorsupervisor, or supervisor’s supervisor. It is reasonable to expect that the relevant supervisor will respond within 3 working days.
14.4. If the dispute is not resolved under subclause 14.3 hereof, the employee or the employee’s representative may refer the matter to the next higher level of management (Manager/Site Manager/Distribution Centre Manager) for discussion. All escalations to the Manager/Site Manager/Distribution Centre Manager must be in writing; must include details of the original dispute and must include details regarding the outcome at the Coordinator/Supervisor level.
14.5. 8.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter in writing to University management. A representative (as set out in sub-clause 8.2) may also initiate a matter on behalf of the staff member(s) with University management.
8.4.1 a meeting will be convened as soon as reasonably possible, but normally within 5 working days of University management receiving the written dispute.
8.4.2 University management, the staff member(s) and, if the staff member(s) chooses, a staff representative, will attend the meeting.
8.4.3 the party that initiated the dispute will be given an opportunity to explain the matter in dispute and the outcome they are seeking. The disputing party’s views will be considered and a written response, including detail of any resolution reached, will normally be provided within 3 working days of the meeting.
8.5 While the parties are trying to resolve the dispute using the procedure in this clause:
8.5.1 the staff member must continue to perform their work as they would normally unless they have a reasonable concern about an imminent risk to their health or safety; and
8.5.2 the staff member must comply with a direction given by the University to perform other suitable work, unless:
8.5.2.1 the work is not safe; or
8.5.2.2 applicable workplace health and safety legislation would not permit the work to be performed; or
8.5.2.3 there are other reasonable grounds for the staff member to refuse to comply with the direction; and
8.5.3 the University will maintain the pre-existing work, staffing or organisation of work arrangements; and
8.5.4 industrial action will not be taken by any party to the dispute.
8.6 In special cases, and where both parties agree, the assistance of a mutually agreed private conciliator may be sought.
8.7 If discussions involving University management does not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission.
14.6. The 8.7.1 the Fair Work Commission may deal with the dispute in two (2) 2 stages:
(a) 8.7.1.1 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) 8.7.1.2 if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:
(i) 8.7.1.2.1 arbitrate the dispute; and
(ii) 8.7.1.2.2 make a determination that is binding on the parties. Note: , subject to either party to the dispute exercising any right to appeal.
8.8 If the dispute is not referred to the Fair Work Commission arbitrates or private conciliator within 10 working days after the disputeprocedure set out in sub-clauses 8.2 to 8.8 is complete, it may also use the powers that are available to it under the Act. A decision that 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.
14.7. While the parties are trying to resolve the dispute using the procedures in this clause:
(a) an employee must staff member will continue to perform his or her their work as he or she they would normally unless he or she 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 and/or in accordance with this clausethe University’s reasonable direction, provided that neither party will be prejudiced in the resolution of the dispute.
Appears in 1 contract
Sources: Enterprise Agreement
Disputes Resolution Procedure. 14.1.
9.1 If a dispute relates to:
(a) 9.1.1 a matter arising under the this Agreement; or
(b) 9.1.2 the NES; National Employment Standards this clause sets out procedures the procedure to settle the dispute.
14.2. An 9.2 The employee who is a party to the dispute may appoint a choose to be represented by an employee representative (as defined in sub-clause 6.3) for the purposes of the procedures procedure in this clauseclause at any stage in the dispute resolution procedure.
14.3. 9.3 In the first instance, the parties to the dispute must will normally try to resolve the dispute at the workplace level, by having discussions between the employee or employees and their immediate Coordinator/Supervisorsupervisor, or supervisor’s supervisor. It is reasonable to expect that the relevant supervisor will respond within 3 working days.
14.4. If the dispute is not resolved under subclause 14.3 hereof, the employee or the employee’s representative may refer the matter to the next higher level of management (Manager/Site Manager/Distribution Centre Manager) for discussion. All escalations to the Manager/Site Manager/Distribution Centre Manager must be in writing; must include details of the original dispute and must include details regarding the outcome at the Coordinator/Supervisor level.
14.5. 9.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter in writing to University management. A representative (as set out in sub-clause 9.2) may also initiate a matter on behalf of the employee with University management.
9.4.1 A meeting will be convened as soon as reasonably possible, but normally within 5 working days of University management receiving the written dispute.
9.4.2 University management, the employee and, if the employee chooses, an employee representative will attend the meeting.
9.4.3 The party that initiated the dispute will be given an opportunity to explain the matter in dispute and the outcome they are seeking. The disputing party’s views will be considered and a written response, including detail of any resolution reached, will normally be provided within 3 working days of the meeting.
9.5 While the parties are trying to resolve the dispute using the procedure in this clause:
9.5.1 the employee must continue to perform their work as they would normally unless they have a reasonable concern about an imminent risk to their health or safety; and
9.5.2 the employee must comply with a direction given by the University to perform other available work, unless:
9.5.2.1 the work is not safe; or
9.5.2.2 applicable workplace health and safety legislation would not permit the work to be performed; or
9.5.2.3 there are other reasonable grounds for the employee to refuse to comply with the direction; and
9.5.3 the University will maintain the pre-existing work, staffing or organization of work arrangements; and
9.5.4 industrial action will not be taken by any party to the dispute.
9.6 In special cases, and where both parties agree, the assistance of a mutually agreed private conciliator may be sought.
9.7 If discussions involving University Management does not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission.
14.6. 9.8 The Fair Work Commission may deal with the dispute in two (2) 2 stages:
(a) 9.8.1 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) 9.8.2 if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:
(i) 9.8.3 arbitrate the dispute; and
(ii) 9.8.4 make a determination that is binding on the parties. Note: .
9.9 If the dispute is not referred to the Fair Work Commission arbitrates or private conciliator within 10 working days after the disputeprocedure set out in sub-clauses 9.2 to 9.8 is complete, it may also use the powers that are available to it under the Act. A decision that 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.
14.7. While the parties are trying to resolve the dispute using the procedures in this clause:
(a) an employee must will continue to perform his or her their work as he or she they would normally unless he or she 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 and/or in accordance with this clause.the University’s reasonable direction, provided that neither party will be prejudiced in the resolution of the dispute. Part 2 – Salaries, Progression, Promotion and Benefits
Appears in 1 contract
Sources: Enterprise Agreement