AVOIDANCE OF DISPUTE PROCEDURE. 10.1 It is an express condition of this Agreement and each employee’s contract of employment, that continuous operations and workflow be maintained without bans, limitations, stoppages of work or any other unlawful form of industrial action. In order to comply with this provision the parties acknowledge that it is a fundamental requirement that the following steps be complied with where any employee bound by this Agreement has an issue, matter, dispute (hereafter referred to as a grievance) about any grievance associated with this Agreement:
Step 1. The grievance shall, in the first instance, be pursued between the employee or employees concerned and their immediate Supervisor.
Step 2. If the grievance is not resolved within a 48-hour time frame or the aggrieved party has not received a formal response, then the aggrieved party shall discuss the grievance with the Contract Superintendent. At the employees option the employee may request the Employee Workplace Representative also be involved in any discussions with the Contract Superintendent.
Step 3. If after raising the grievance with the Contract Superintendent the grievance is not resolved within a 48-hour time frame or the aggrieved party has not received a formal response, then the aggrieved party shall seek a conference with the Contract Manager. Once a conference is convened, at the employee’s option, he/she may have representation, which may include the Employee Workplace Representative, Agent, Union Organiser which at law has a right to represent the employees interests under this Agreement. The Contract Manager, only if the employee elects to be represented, with also have the option of having other relevant Company Managers present.
10.2 After the above steps have concluded and if the grievance is not resolved, and subject to the grievance not being a prohibited matter, or a matter not relating to wrongful or unfair dismissal, or a matter not being in breach of the no further claims clause or a breach of this Agreement, then any party, subject to 10.4 below, may apply to the Industrial Relations Commission seeking resolution of the grievance via conciliation.
10.3 Reasonable time limits shall be allowed for the Commission to resolve the grievance by conciliation. However, if the Commission is unable to resolve the grievance via conciliation, then a 14 -day cooling off period will take effect. The combined parties, if still necessary after the cooling off period is over, may by joint written requ...
AVOIDANCE OF DISPUTE PROCEDURE. 1It is an express condition of this Agreement and each employee’s contract of employment, that continuous operations and workflow be maintained without bans, limitations, stoppages of work or any other unlawful form of industrial action. In order to comply with this provision the parties acknowledge that it is a fundamental requirement that the following steps be complied with where any employee bound by this Agreement has an issue, matter, dispute (hereafter referred to as a grievance) about any grievance associated with this Agreement:
AVOIDANCE OF DISPUTE PROCEDURE. 9.1 In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate.
9.2 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute.
9.3 Should the parties be unable to resolve the dispute at hand the ‘Dispute Resolution Processes contained in Part 13 of the Workplace Relations Act (Cth) shall be applicable.
AVOIDANCE OF DISPUTE PROCEDURE. Subject to the provisions of the Act, the following mechanism and procedure must be used for the resolution of any dispute (including potential dispute) arising in the workplace:
AVOIDANCE OF DISPUTE PROCEDURE. 11.1 In the event of any issue or grievance arising, any such issue or grievance or any other like matter shall be dealt with in accordance with the following steps: PRIO RITY W ILL BE G IVEN T O HAVING MO ST ISSUES SAT ISFACTO RILY RESO LVED AT T HIS LEVEL W IT HIN A REASO NABLE T IME FRAME DISCUSS ISSUE/S W ITH FO REPERSON O R SUPERVISO R DISCUSS ISSUE/S W ITH CO MPANY MANAG ER TELEPHO NE O R FACSIMILE FACILIT IES W ILL BE PRO VIDED THE EMPLO YEES O PTIO N CO NT ACT UNIO N O FFICIAL NO RESO LUT ION REPRESENTAT IVE) SHALL DISCUSS ISSUE/S W IT H CO MPANY REPRESENTATIVES NO RESO LUT ION
11.2 If settlement cannot be reached through the above steps any party to this Agreement shall take the appropriate steps to have the issue/s referred to the NSW Industrial Relations Commission (including, where agreed, to a board of reference) for conciliation and if necessary, arbitration.
11.3 While the above procedure is being carried out work will continue in a safe, normal manner and all parties to this Agreement will ensure that no strike, ban or limitation is in place.
AVOIDANCE OF DISPUTE PROCEDURE. Subject to the provisions of the NSW Industrial Relations Xxx 0000, the following mechanism and procedure must be used for the resolution of any dispute (including potential dispute) arising in the workplace:
AVOIDANCE OF DISPUTE PROCEDURE. 11.1 In the event of any issue or grievance arising, any such issue or grievance or any other like matter shall be dealt with in accordance with the following steps: PRIORITY WILL BE GIVEN TO HAVING MOST ISSUES SATISFACTORILY RESOLVED AT THIS LEVEL WITHIN A REASONABLE TIME FRAME DISCUSS ISSUE/S WITH FOREPERSON OR SUPERVISOR NO RESOLUTION NO RESOLUTION
11.2 If settlement cannot be reached through the above steps any party to this Agreement shall take the appropriate steps to have the issue/s referred to the Site Contractors Management Committee. If the issue is still unresolved any party may refer the issue to the NSW Industrial Relations Commission .
11.3 While the above procedure is being carried out work should continue in a safe, normal manner and all parties to this Agreement will endeavour to see that no strike, ban or limitation is in place.
AVOIDANCE OF DISPUTE PROCEDURE. In the event that an issue (which includes a grievance, a problem, a dispute or a matter which is expected to give rise to a dispute) does arise the following procedure shall be followed and all parties involved agree that throughout the process every attempt will be made to resolve the issue prior to escalating it to the next step. The parties also agree to resolve the issue as quickly as is possible, with a general guideline of maximum of one week to respond to the issue for each step in the process.
(i) Where a grievance arises the matter shall initially be discussed between the employee concerned, and the employee's immediate Xxxxxxx/Supervisor;
(ii) If the matter is still unresolved the employee shall discuss and attempt to resolve the grievance with the Company Manager or their representative;
(iii) If the matter is not resolved it shall be referred to the CEO or their representative for resolution;
(iv) The employee and the Company are free to appoint a third party of their choosing to assist them in the resolution of the dispute or to represent them in any hearings before the Australian Industrial Relations Commission.
(v) If the matter is still not resolved the employee or the company may refer the dispute to the Australian Industrial Relations Commission for resolution by conciliation, by arbitration if necessary with the agreement of both the employee and company.
(vi) On a dispute being notified to it, the Australian Industrial Relations Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions, which are necessary to make the arbitration effective. The decision of the member will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench (Optional).
(vii) Any decision of the AIRC must not be inconsistent with the National Code of Practice for the Construction Industry, the Implementation Guidelines for the National Code of Practice for the Construction Industry, or legislative obligations.
(viii) Whilst the dispute is being resolved through these processes work shall continue as normal under the direction and control of the Company and no party shall be prejudice in relation to any outcome before the AIRC by the normal continuation of work.
(ix) If the dispute is in relation to any OHS situation then the dispute resolution process of the WA OHS Act shall apply and a Work Safe Inspector or other person as agreed shall be involved by the parties to ...
AVOIDANCE OF DISPUTE PROCEDURE. The Union and the Company undertake to take all necessary steps to ensure that branches, officers, members, executives and employees follow the procedure as set out herein; the intention being that any or all disputes shall be promptly resolved by conciliation in good faith. It is recognised by the parties covered by this Agreement that the Avoidance of Disputes Procedure requires that any matter must firstly be raised by the employee or his/her delegate/representative at job level with his/her manager prior to referral to the Union or Company management. No matter shall be processed in accordance with the procedures unless it has been genuinely addressed at site level and thereafter still remains unresolved.
AVOIDANCE OF DISPUTE PROCEDURE. The Union and the Company undertake to take all necessary steps to ensure that branches, officers, members, executives, employees and Company staff follow the procedure as set out herein; the intention being that any or all disputes shall be promptly resolved by conciliation in good faith.
