Common use of GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE Clause in Contracts

GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE. If a dispute arises about this Agreement, the NES (including subsections 65(5) or 76(4)), or any other work-related matter (including a dispute about whether a workplace right have been breached), the parties to the dispute will attempt to resolve the dispute at the workplace level. If the matter cannot be resolved, a party may refer the dispute to the FWC for resolution. In resolving a dispute, the FWC may deal with the dispute using all the procedures available to it under the Act and may attempt to settle the dispute by conciliation or mediation or, where the parties agree, a recommendation or expression of opinion by the FWC. If the dispute remains unresolved, the FWC may settle the dispute by arbitration. Union members are entitled to be represented by their Union at every stage of this process. Employees who are not Union members may also choose to be represented. Each party shall recognise the other’s representative for all purposes involved with the resolution of the dispute. The parties to the dispute and their representatives must act in good faith in relation to the dispute. While the dispute is being resolved, the parties will respect the status quo. However, the Employer may direct an Employee to perform different work or work at a different location, on full pay, if it is reasonable to do so to protect the safety, health or welfare of Employees. The parties will be bound by any decision made by the FWC, subject to subclause 16.8. In any event, any resolution of a dispute under clause 16 by the FWC will not be inconsistent with legislative obligation(s) or any other applicable Code(s) or Regulation(s).