Common use of AVOIDANCE OF DISPUTE PROCEDURE Clause in Contracts

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 request only, seek that the Commission make a written recommendation in full and final settlement of the grievance. The parties will abide by any written recommendation.

AVOIDANCE OF DISPUTE PROCEDURE. 10.1 9.1 It is an express condition of this Workplace Agreement and each employee’s 's contract of employment, that continuous operations and workflow be maintained without bans, limitations, limitations or stoppages of work work. This shall apply whether the issue, matter, dispute (hereinafter referred to as the grievance) relates directly to site employment or any other unlawful form of industrial actionnot or whether it relates to a grievance dealt with by this Collective Agreement or not. In order to comply with this provision the The parties acknowledge that it is a fundamental requirement that the following steps this clause 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 Agreementobserved in its entirety: Step 1. The grievance shall, in the first instance, be pursued between the employee or employees concerned and their immediate Supervisor. At any stage in the process it is the employee's decision in accordance with his/her Freedom of Choice rights if he/she wishes to have representation. For the purposes of external representation or advice, the Company will make telephone or facsimile facilities available. Step 2. If the grievance is not resolved within a 48-hour time frame sensible, mutually agreed timeframe as it was reported to the Supervisor or the aggrieved party has not received a formal response, then the aggrieved party shall discuss the grievance with the Contract SuperintendentSuperintendent or his/her equivalent. At this stage of the employees option process it is the employee may request employee's decision in accordance with his/her Freedom of Choice rights if the Employee Workplace Representative is also be involved with the employee in any discussions with the Contract Superintendent. Step 3. If after raising the grievance with the Contract Superintendent or his/her equivalent 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 convened the employee’s option, he/she aggrieved party may have invite representation, which may include at the employee's option and in line with his/her Freedom of Choice rights, the Employee Workplace Representative, Agent, Agent or Union Organiser which at law has a right to represent the employees interests under this AgreementOrganiser. The Contract Manager, only if the employee elects to be represented, with will also have the option of having other relevant Company Managers present. 10.2 9.2 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 Australian Industrial Relations Commission (AIRC) seeking resolution of the grievance via conciliation. 10.3 9.3 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 request only, seek that the Commission make a written recommendation in full and final settlement of the grievance. The parties will abide by any written recommendation. Any decision by the AIRC 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.

AVOIDANCE OF DISPUTE PROCEDURE. 10.1 11.1 It is an express a condition of this Enterprise Agreement and each employee’s contract of employment, that continuous operations and workflow be maintained without bans, limitations, limitations or stoppages of work or work. The steps of this procedure shall be followed on all matters including matters relating to the National Employment Standards and any other unlawful form of industrial actionissue, matter, dispute (hereinafter referred to as the grievance) relating directly to site employment or not or whether it relates to a grievance dealt with by this Enterprise Agreement or not. In order to comply with this provision the The parties acknowledge that it is a fundamental requirement that the following steps this clause 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 Agreementobserved in its entirety: Step 1. : The grievance shall, in the first instance, be pursued between the employee or employees concerned and their immediate Supervisor. At any stage in the process it is the employee’s option if he/she wishes to have representation from their Union Delegate or by any other person of their choosing. For the purposes of external representation or advice, the Company will make telephone or facsimile facilities available. Step 2. : If the grievance is not resolved within a 48-hour time frame the same shift as it was reported to the Supervisor, or the aggrieved party has not received a formal response, then the aggrieved party shall discuss the grievance with the Contract Site Superintendent. At the employees employee’s option and in line with their freedom of choice rights, the employee may request the Employee Workplace Representative Union Delegate also be involved in any discussions with the Contract Site Superintendent. . Step 3. : If after raising the grievance with the Contract Site 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, or his/her nominee. Once a conference is convened, at convened the employee’s option, he/she aggrieved party may have invite representation, which may include the Employee Workplace Representative, Agent, Union Organiser which at law has a right to represent the employees interests under this Agreementoption and in line with their freedom of choice rights, the Union Delegate and/or Union Organiser. 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 11.2 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 resolved any party, subject to 10.4 below, party may apply to the Industrial Relations Commission Fair Work Australia under section 739 Dispute Notification seeking resolution of the grievance via conciliationconciliation as a first step, or thereafter, Arbitration. 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 request only, seek that the Commission make a written recommendation in full and final settlement of the grievance. The parties will abide by any written recommendation.

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.employees 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 request only, seek that the Commission make a written recommendation in full and final settlement of the grievance. The parties will abide by any written recommendation.

AVOIDANCE OF DISPUTE PROCEDURE. 10.1 It is an express a condition of this Collective Agreement and each employee’s contract of employment, that continuous operations and workflow be maintained without bans, limitations, limitations or stoppages of work work. This shall apply whether the issue, matter, dispute (hereinafter referred to as the grievance) relates directly to site employment or any other unlawful form of industrial actionnot or whether it relates to a grievance dealt with by this Collective Agreement or not. In order to comply with this provision the The parties acknowledge that it is a fundamental requirement that the following steps this clause 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 Agreementobserved in its entirety: Step 1. The grievance shall, in the first instance, be pursued between the employee or employees concerned and their immediate Supervisor. At any stage in the process it is the employee/s decision and in line with the employee/s freedom of choice rights if they wish to have representation. For the purposes of external representation or advice, the Company will make telephone or facsimile facilities available. Step 2. If the grievance is not resolved within a 48-hour time frame the same shift as it was reported to the Supervisor, or the aggrieved party has not received a formal response, then the aggrieved party shall discuss the grievance with the Contract SuperintendentSite Manager. At the employees option employee/s decision and in line with the employee employee/s freedom of choice rights, the employee/s may request the Employee Workplace Representative also be involved in any discussions with the Contract SuperintendentSite Manager. Step 3. If after raising the grievance with the Contract Superintendent Site Manager 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 ManagerGeneral Manager or his nominee. Once a conference is convened, at convened the employee’s option, he/she aggrieved party may have invite representation, which on the employee/s decisions and in line with the employee/s freedom of choice rights, it may include be the Employee Workplace Representative, Agent, Union Organiser which at law has a right to represent the employees interests under this AgreementOrganiser. The Contract ManagerGeneral Manager or his nominee, only if the employee elects employee/s elect to be represented, with will 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 request only, seek that the Commission make a written recommendation in full and final settlement of the grievance. The parties will abide by any written recommendation.

AVOIDANCE OF DISPUTE PROCEDURE. 10.1 11.1 It is an express a condition of this Collective Agreement and each employee’s 's contract of employment, that continuous operations and workflow be maintained without bans, limitations, limitations or stoppages of work work. This shall apply whether the issue, matter, dispute (hereinafter referred to as the grievance) relates directly to site employment or any other unlawful form of industrial actionnot or whether it relates to a grievance dealt with by this Collective Agreement or not. In order to comply with this provision the The parties acknowledge that it is a fundamental requirement that the following steps this clause 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 Agreementobserved in its entirety: Step 1. The grievance shall, in the first instance, be pursued between the employee or employees concerned and their immediate Supervisor. At any stage in the process it is the employees decision only if they wish to have representation. For the purposes of external representation or advice, the Company will make telephone or facsimile facilities available. Step 2. If the grievance is not resolved within a 48-hour time frame the same shift as it was reported to the Supervisor, 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 employee's option and subject to the employee's freedom of choice rights, 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 convenedconvened the aggrieved party may invite representation which, at subject to the employee’s option's freedom of choice rights, he/she may have representation, which may include the Employee Workplace Representative, Agent, Agent or Union Organiser which at law has a right to represent the employees interests under this AgreementOrganiser. 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 11.2 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 unlawful 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 11.3 below, may apply to the Australian Industrial Relations Commission seeking resolution of the grievance via conciliation. 10.3 Reasonable time limits shall be allowed for the Commission to resolve the 11.3 Where any grievance is not resolved as a first step 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 request only, seek that the Commission make a written recommendation in full conciliation and final settlement either party seeks arbitration of the grievance. The parties will abide , any decision by any written recommendationthe AIRC 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.

AVOIDANCE OF DISPUTE PROCEDURE. 10.1 ‌ 11.1 It is an express a condition of this Workplace Agreement and each employee’s contract of employment, that continuous operations and workflow be maintained without bans, limitations, limitations or stoppages of work work. This shall apply whether the issue, matter, dispute (hereinafter referred to as the grievance) relates directly to site employment or any other unlawful form of industrial actionnot or whether it relates to a grievance dealt with by this Collective Agreement or not. In order to comply with this provision the The parties acknowledge that it is a fundamental requirement that the following steps this clause 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 Agreementobserved in its entirety: Step 1. The grievance shall, in the first instance, be pursued between the employee or employees concerned and their immediate Supervisor. At any stage in the process it is the employee’s decision in accordance with his/her Freedom of Choice rights if he/she wishes to have representation. For the purposes of external representation or advice, the Company will make telephone or facsimile facilities available. Step 2. If the grievance is not resolved within a 48-hour time frame sensible, mutually agreed timeframe as it was reported to the Supervisor, or the aggrieved party has not received a formal response, then the aggrieved party shall discuss the grievance with the Contract Superintendent. At this stage of the employees option process it is the employee may request employee’s decision in accordance with his/her Freedom of Choice rights if the Employee Workplace Representative is also be involved with the employee 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 convened the employee’s option, he/she aggrieved party may have invite representation, which may include at the employee’s option and in line with his/her Freedom of Choice rights, the Employee Workplace Representative, Agent, Agent or Union Organiser which at law has a right to represent the employees interests under this AgreementOrganiser. The Contract Manager, only if the employee elects to be represented, with will also have the option of having other relevant Company Managers present. 10.2 11.2 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 unlawful 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, party may apply to the Australian Industrial Relations Commission (AIRC) seeking resolution of the grievance via conciliation.conciliation as a first step, or thereafter subject to 11.3 below, arbitration 10.3 Reasonable time limits shall be allowed for the Commission to resolve the 11.3 Where any grievance is not resolved as a first step 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 request only, seek that the Commission make a written recommendation in full conciliation and final settlement either party seeks arbitration of the grievance. The parties will abide , any decision by any written recommendationthe AIRC 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.

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 total discretion and 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 employee’s 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 10.3 below, may apply to the Australian 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 day cooling off period will take effect. The combined parties, if still necessary after the cooling off period is over, may by joint written request only, seek that the Commission make a written recommendation in full and final settlement of the grievance. The parties will abide by any written recommendation.

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 action13.1. In order the event that an issue or matter in meaning or intent arising from this agreement (which includes a grievance, a problem, a dispute or a matter which is expected to comply with this provision the parties acknowledge that it is give rise to a fundamental requirement that dispute) does arise, the following steps procedure shall be complied with where any employee bound by this Agreement has an issue, matter, dispute (hereafter referred followed and all parties involved agree that throughout the process every attempt will be made to as a grievance) about any grievance associated with this Agreement: Step 1resolve the issue prior to escalating it to the next step. The grievance shallparties also agree to resolve the issue as quickly as is possible, with a general guideline of a maximum of one week to respond to the issue for each step in the first instance, process. 13.1.1. Where a grievance arises the matter shall initially be pursued discussed between the employee or employees concerned concerned, and their the employee's immediate Supervisor.Team Leader; Step 213.1.2. If the grievance matter is not resolved within a 48-hour time frame or still unresolved the aggrieved party has not received a formal responseemployee(and where the employee wishes, then the aggrieved party their representative) shall discuss and attempt to resolve 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.Production Manager or their representative; Step 313.1.3. If after raising the grievance with the Contract Superintendent the grievance matter is not resolved within a 48-hour time frame it shall be referred to the Operations Manager or their representative for resolution; 13.1.4. If the aggrieved party has not received a formal response, then the aggrieved party shall seek a conference with the Contract Manager. Once a conference matter 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 still not resolved, and subject it shall again be referred to the grievance JCC. 13.1.5. If the matter is still 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 resolved it shall be referred to the Australian Industrial Relations Commission seeking for resolution by conciliation or, by agreement of both parties, arbitration if necessary. 13.1.6. The parties may identify a particular member of the AIRC who will arbitrate the matter in dispute and failing agreement will be before a member allocated by the AIRC. In exercising its functions in this dispute resolution clause the AIRC may exercise such procedural powers in relation to hearings, witnesses, evidence and submissions as are necessary to make the arbitration effective. 13.1.7. The decision of an AIRC member in an arbitration under this procedure may be appealed to a Full Bench of the AIRC. That appeal may be an appeal on a question of law and/or an appeal on the merits. The Full Bench may hear the appeal and exercise such powers in respect of the appeal as provided to the Full Bench in the Workplace Relations Act 1996, as if the arbitrated decision and outcome were an order made by a member of the AIRC. 13.1.8. Until the matter is resolved, work will continue normally, without prejudice. Every effort will be made to ensure settlement of a grievance at the earliest possible stage and at each stage an agreed time for resolution of the grievance via conciliationproblem will be made before progression to the next stage. 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 effect13.1.9. The combined parties, if still necessary after AIRC may exercise such powers and functions as the cooling off period is over, may by joint written request only, seek that parties agree at the Commission make a written recommendation in full and final settlement of the grievance. The parties will abide by any written recommendationtime.

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 total discretion and 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 employee’s 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 Australian 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 request only, seek that the Commission make a written recommendation in full and final settlement of the grievance. The parties will abide by any written recommendation.

AVOIDANCE OF DISPUTE PROCEDURE. 10.1 ‌ 11.1 It is an express a condition of this Workplace Agreement and each employee’s contract of employment, that continuous operations and workflow be maintained without bans, limitations, limitations or stoppages of work work. This shall apply whether the issue, matter, dispute (hereinafter referred to as the grievance) relates directly to site employment or any other unlawful form of industrial actionnot or whether it relates to a grievance dealt with by this Collective Agreement or not. In order to comply with this provision the The parties acknowledge that it is a fundamental requirement that the following steps this clause 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 Agreementobserved in its entirety: Step 1. The grievance shall, in the first instance, be pursued between the employee or employees concerned and their immediate Supervisor. At any stage in the process it is the employee’s decision in accordance with his/her Freedom of Choice rights if he/she wishes to have representation. For the purposes of external representation or advice, the Company will make telephone or facsimile facilities available. Step 2. If the grievance is not resolved within a 48-hour time frame sensible, mutually agreed timeframe as it was reported to the Supervisor or the aggrieved party has not received a formal response, then the aggrieved party shall discuss the grievance with the Contract SuperintendentSuperintendent or his/her equivalent. At this stage of the employees option process it is the employee may request employee’s decision in accordance with his/her Freedom of Choice rights if the Employee Workplace Representative is also be involved with the employee in any discussions with the Contract Superintendent. Step 3. If after raising the grievance with the Contract Superintendent or his/her equivalent 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 Alliance Manager. Once a conference is convened, at convened the employee’s option, he/she aggrieved party may have invite representation, which may include at the employee’s option and in line with his/her Freedom of Choice rights, the Employee Workplace Representative, Agent, Agent or Union Organiser which at law has a right to represent the employees interests under this AgreementOrganiser. The Contract Alliance Manager, only if the employee elects to be represented, with will also have the option of having other relevant Company Managers present. 10.2 11.2 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 unlawful 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, party may apply to the Australian Industrial Relations Commission (AIRC) seeking resolution of the grievance via conciliation.conciliation as a first step, or thereafter subject to 11.3 below, arbitration 10.3 Reasonable time limits shall be allowed for the Commission to resolve the 11.3 Where any grievance is not resolved as a first step 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 request only, seek that the Commission make a written recommendation in full conciliation and final settlement either party seeks arbitration of the grievance. The parties will abide , any decision by any written recommendationthe AIRC 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.