ISSUE RESOLUTION PROCEDURE. 35.1. The resolution of any dispute about any matter arising under this Agreement and in relation to the National Employment Standards (including subsections 65A(3) and 76A(3) of the FW Act or any other work related matter, but excepting issues concerning the termination of employment or safety concerns) shall be in accordance with the Issue Resolution Procedure. 35.2. The purpose of this procedure is to allow persons directly concerned with a dispute access to a system to discuss and resolve grievances and disputes. Whilst this procedure is being followed work must continue as directed by the Company (without stoppage, ban or limitation), until settlement is reached. Neither party to the issue shall be prejudiced as to the settlement of the issue by the continuance of work as directed by the Company. 35.3. An Employee may elect to have a representative of the Employee's choice at any stage of the Issue Resolution Procedure. 35.4. The agreed procedure is detailed below. Stage 1 If an Employee wishes to raise an issue, the Employee will initially confer with their immediate supervisor who will take reasonable steps to resolve it. Stage 2 If the issue is not satisfactorily resolved (or it is inappropriate for the Employee to raise it with the supervisor), the Employee is entitled to raise the issue with the Company’s Unit Manager who will take all reasonable steps to resolve it. Stage 3 If the Employee is not satisfied with the manner in which the concerns were addressed in the previous stages, they may seek a review from the Company nominated representative. The issue and all relevant circumstances relating to it will be reviewed, including all steps that have been taken to resolve it. Where practicable, a written reply will be given to the Employee. Stage 4 If the issue is still not resolved, the issue may be referred to the Commission for conciliation. Stage 5 Either party may refer the issue to the Commission for arbitration where conciliation has failed to resolve the issue. 35.5. Any settlement of a dispute pursuant to this clause shall not vary the terms and conditions contained in this Agreement. It is a condition of employment that no industrial action be taken during the life of the Agreement. Industrial action of any nature will be contrary to the Issue Resolution Process and a breach of the Agreement.
Appears in 1 contract
Sources: Enterprise Agreement
ISSUE RESOLUTION PROCEDURE. 35.1(1) The procedures in this clause shall apply to all employee disputes, grievances or matters which affect or which may affect the performance of work unless the Company and the Employee/s concerned or their representatives agree in writing that the issue is not one to which the procedures (or any of them) apply and excepting issues concerning the termination of an employee's employment. The resolution of any dispute about any matter arising under procedures in this Agreement and clause shall also apply to disputes in relation to the National Employment Standards (including subsections 65A(3) and 76A(3) of the FW Act or any other work related matter, but excepting issues concerning the termination of employment or safety concerns) shall be in accordance with the Issue Resolution ProcedureNES).
35.2. The purpose of this procedure is to allow persons directly concerned with a dispute access to a system to discuss and resolve grievances and disputes. Whilst this procedure is being followed work must continue as directed by the Company (without stoppage, ban or limitation), until settlement is reached. Neither party to the issue shall be prejudiced as to the settlement of the issue by the continuance of work as directed by the Company.
35.3. 2) An Employee may elect to have a representative of the Employeeemployee's choice at any stage of the Issue Resolution Proceduregrievance management procedure.
35.4. (3) The agreed procedure is detailed below.:
Stage 1 1: If an Employee employee wishes to raise an issue, the Employee employee will initially confer with their immediate supervisor who will take reasonable steps to resolve it.
Stage 2 2: If the issue is not satisfactorily resolved (or it is inappropriate for the Employee employee to raise it with the supervisor), the Employee employee is entitled to raise the issue with the Company’s Unit Manager their superintendent who will take all reasonable steps to resolve it. .
Stage 3 3: If the Employee employee is not satisfied with the manner in which the concerns were addressed in the previous stages, they may seek a review from the Company nominated representative. The issue and all relevant circumstances relating to it will be reviewed, including all steps that have been taken to resolve it. Where practicable, a written reply will be given to the Employeeemployee.
(4) Sensible time limits must be allowed for completion of the various stages of discussion. Stage 4 If the issue is still not resolvedHowever, the issue participants must co-operate to ensure that the procedures in this clause are carried out as quickly as reasonably possible.
(5) Where the above procedures have been complied with but do not resolve the dispute, either the Company or the employee/s involved may be refer the dispute to the FWC under the FW Act.
(6) Where a dispute is referred to the Commission for conciliation. Stage 5 Either party may refer FWC it may, unless satisfied that it would not assist the issue to resolution of the Commission for arbitration where conciliation has failed dispute, endeavour to resolve the issuedispute by conciliation.
35.5. Any settlement of a dispute pursuant to this clause shall not vary the terms and conditions contained in this Agreement. It is a condition of employment that no industrial action be taken during the life of the Agreement. Industrial action of any nature will be contrary to the Issue Resolution Process and a breach of the Agreement.
Appears in 1 contract
ISSUE RESOLUTION PROCEDURE. 35.1. a) The resolution of any dispute about any matter arising under this Agreement and in relation to the National Employment Standards (including subsections 65A(365(5) and 76A(376(4) of the FW Fair Work Act 2009 or any other work related matter, but excepting issues concerning the termination of employment or safety concerns) shall be in accordance with the Issue Resolution Procedure.
35.2. b) The purpose of this procedure is to allow persons directly concerned with a dispute access to a system to discuss and resolve grievances and disputes. Whilst this procedure is being followed work must continue as directed by the Company (without stoppage, ban or limitation), until settlement is reached. Neither party to the issue shall be prejudiced as to the settlement of the issue by the continuance of work as directed by the Company.
35.3. c) An Employee may elect to have a representative of the Employee's choice at any stage of the Issue Resolution Procedure.
35.4. d) The agreed procedure is detailed below.
. • Stage 1 If an Employee wishes to raise an issue, the Employee will initially confer with their immediate supervisor who will take reasonable steps to resolve it.
. • Stage 2 If the issue is not satisfactorily resolved (or it is inappropriate for the Employee to raise it with the supervisor), the Employee is entitled to raise the issue with the Company’s Unit Manager their Superintendent who will take all reasonable steps to resolve it. • Stage 3 If the Employee is not satisfied with the manner in which the concerns were addressed in the previous stages, they may seek a review from the Company nominated representative. The issue and all relevant circumstances relating to it will be reviewed, including all steps that have been taken to resolve it. Where practicable, a written reply will be given to the Employee. • Stage 4 If the issue is still not resolved, the issue may be referred to the Commission Fair Work Australia (FWA) for conciliation. • Stage 5 Either Where the issues relates to the meaning or effect of a term of the Agreement either party may refer the issue to the Commission FWA for arbitration where conciliation has failed to resolve the issue. In all other cases where the issue isn‟t about the meaning or effect of a term of the Agreement, referral of the issue to arbitration by FWA may only occur where both parties agree to the matter being arbitrated.
35.5. e) Any settlement of a dispute pursuant to this clause shall not vary the terms and conditions contained in this Agreement. It is a condition of employment that no industrial action be taken during the life of the Agreement. Industrial action of any nature will be contrary to the Issue Resolution Process and a breach of the Agreement.
f) Any decision or suggested resolution of a grievance by FWA shall not be inconsistent with the National Code of Practice for the Construction Industry and the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry as issued from time to time.
Appears in 1 contract
Sources: Enterprise Agreement
ISSUE RESOLUTION PROCEDURE. 35.1. 14.1 The resolution of any dispute about any matter arising under this Agreement and employment related issues including those in relation to the National Employment Standards Agreement and the NES (including subsections 65A(3) and 76A(3) of the FW Act or any other work related matter, but excepting except issues concerning the termination of employment or safety concernsemployment) shall be in accordance with the this Issue Resolution Procedure.
35.2. 14.2 The purpose of this procedure is to allow persons directly concerned with a dispute all parties access to a system to discuss and resolve grievances and disputes. Whilst this procedure is being followed followed, work must continue as directed by the Company normally (without stoppage, ban or limitation), until settlement is reached. Neither party to the issue shall be prejudiced as to the settlement of the issue by the continuance of work as directed by the Companywork.
35.314.3 Until the matter in dispute is determined, the status quo will prevail. An Employee The status quo is taken to mean the arrangements in place prior to the proposed or implemented changes that gave rise to the dispute.
14.4 Employees may elect to have be represented by a representative Union delegate, Union official or any other person of the Employee's their choice at any stage of the Issue Resolution Procedure.
35.4. 14.5 The agreed procedure is detailed below.as follows:
a) Stage 1 1: If an Employee employee wishes to raise an issue, the Employee they will initially confer with their immediate supervisor who will take reasonable steps to resolve it.
b) Stage 2 2: If the issue matter is not satisfactorily resolved (or if it is inappropriate for the Employee employee to raise it with the their supervisor), the Employee employee is entitled to raise the issue with the Company’s Unit Manager their manager who will take all reasonable steps to resolve it. .
c) Stage 3 3: If the Employee employee is not satisfied with the manner in which the concerns were addressed in the previous stages, they may seek a review from the Company Employer nominated representative. The issue matter and all relevant circumstances relating to it will be reviewed, including all steps that have been taken to resolve it. Where practicable, a written reply will be given to the Employee. .
d) Stage 4 4: If the issue is still not resolved, the issue matter may be referred to the Fair Work Commission for conciliationconciliation and, if necessary, arbitration. Stage 5 Either If arbitration is necessary, the parties agree that the Fair Work Commission shall use the powers that are available to it under the Act and the decision of the Fair Work Commission will bind the parties, subject to wither party may refer the issue to the Commission for arbitration where conciliation has failed to resolve the issueexercising a right of appeal.
35.5. e) The employee(s) may invite a Union representative to be involved in any of the stages above (Stage 1-4).
14.6 Any settlement of a dispute pursuant to this clause provision shall not vary the terms and conditions contained in this Agreement. It is a condition of employment that no industrial action be taken during the life of the Agreement. Industrial action of any nature will be contrary to the Issue Resolution Process and a breach of the Agreement.PART THREE: EMPLOYMENT CATEGORIES
Appears in 1 contract
Sources: Enterprise Agreement