Avoidance of Disputes. In the event of differences of a collective nature which are not settled between local managers and local representatives at the level directly concerned, the procedure set out below will apply: -
Avoidance of Disputes. 27 In the event of differences of a collective nature which are not settled at Joint Council, the procedure set out below shall apply; 28 Following a recorded failure to agree at the Joint Council the Colleagues' representative or the Union’s Full Time Officer may write to the Company representative outlining the issue. 29 Discussions will take place between the appropriate Director of the Company and a full-time paid Union official to consider what other steps might assist resolution. Both parties are able to bring a supporting attendee to the discussion along with HR and a notetaker present.
Avoidance of Disputes. The parties shall cause their respective representatives for each of the Impress Facilities and the DLM Facilities and at the group director and executive officer levels to maintain close communications and an “open door” policy to facilitate discussions of ways to maintain and improve the quality of Products, maximize the respective benefits of the parties hereunder and avoid disputes arising hereunder. In furtherance of the foregoing, the parties shall cause their respective representatives for each of the Impress Facilities and the DLM Facilities and at the group director and executive officer levels to schedule and attend periodic planning and review meetings to discuss and evaluate issues arising hereunder. The parties agree to exercise their rights under the remainder of this Article XII only in such circumstances where the foregoing measures have been exhausted and have been unsuccessful.
Avoidance of Disputes. Any disagreement between the parties arising out of or connected with this Agreement shall unless the District Council or County Council has taken enforcement action or initiated any court action against the Developer be referred to senior representatives (board members in the case of the Developer and Chief Officers in the case of the District Council and/or the County Council) of the parties in dispute who shall (within five Working Days of a notice from any party to the other) meet to attempt in good faith to resolve the dispute amicably on a full and final basis. If the District Council or County Council commence enforcement action or initiate court proceedings after a matter has been referred to the Dispute Resolution Procedure then the Dispute Resolution Procedure shall immediately discontinue and cease to have effect.
Avoidance of Disputes. The parties to this Agreement agree that this clause is critical to meeting the objectives of completion on time and on budget. Therefore disputes or claims arising between contractors and sub-contractors and their employees or representatives with respect to any matters affecting work at the facility shall be handled in accordance with the following procedure without recourse to industrial action, bans or work limitations:
(i) Any grievance or claim, wherever possible will be settled by discussion on the job between the employee concerned and his/her supervisor. Alternatively, the employee may elect for personal reasons, to have his/her representative take up the problem on his/her behalf.
(ii) If the matter cannot be resolved at this stage, the following procedure shall be applied:
(a) The employee shall raise the issue with his/her representative who shall immediately consult with the employee’s supervisor. If the issue cannot be resolved whether immediately or on the same day by the Supervisor, then the employee’s representative shall advise Company Senior Management and the Supervisor shall advise the Site Manager for the respective contract involved.
(b) The Site Manager will consult with the Company and if the matter cannot be resolved immediately or on the same day the matter will be referred to the clients/contractors appointed industrial representative and the relevant employee representative.
(c) Should the matter not be resolved by the Site Manager, Company Manager and the employees representative, or their nominees, where appropriate, the matter may be referred to the Australian Industrial Relations Commission for assistance..
(d) Whilst the above procedures are being followed, every endeavor will be made for work to continue as it was prior to the issue occurring. No party shall be prejudiced as to the final settlement in the continuance of work in accordance with this clause.
(e) Should the employee representative request that the matter proceed to an industrial tribunal then the site management will make the appropriate application.
Avoidance of Disputes. During the term of this agreement, the parties agree that there will be no industrial action, such as bans, limitations or stoppages with respect to redundancy and/or the terms of this agreement. If there are any concerns over the interpretation or implementation of this agreement, the parties agree to meet together as a matter of urgency to resolve the issue, with ultimate recourse to the Australian Industrial Relations Commission. WEEK 1 WEEK 2 WEEK SHIFTS S M T W T F S S M T W T F S S M T W T F S CREW A D D N N N N N D D D CREW B N N N D D D D D N N CREW C D D D D D N N N N N DAY SHIFT 6AM - 6PM NIGHT SHIFT 6PM - 6AM AVERAGE HOURS PER WEEK: 40 HOURS PER WEEK (38 ORDINARY & 2 HOURS @ OVERTIME) WEEK 1 WEEK 2 WEEK 3 WEEK 4 SHIFTS S M T W T F S S M T W T F S S M T W T F S S M T W T F S CREW A D D D D N N N N D D D N N N CREW B N N N N D D D N N N D D D D CREW C N D D D N N N D D D D N N N CREW D N N N D D D D N N N N D D D DAY SHIFT 6AM - 6PM NIGHT SHIFT 6PM - 6AM AVERAGE HOURS PER WEEK: 42 (38 ORDINARY & 4 HOURS @ OVERTIME RATES) WEEK 1 WEEK 2 WEEK 3 WEEK 4 SHIFTS S M T W T F S S M T W T F S S M T W T F S S M T W T F S CREW A D D N N D D N N D D N N D D N CREW B D D N N D D N N D D N N D CREW C N D D N N D D N N D D N N CREW D D N N D D N N D D N N D D N N WEEK 5 WEEK 6 WEEK 7 WEEK 8 SHIFTS S M T W T F S S M T W T F S S M T W T F S S M T W T F S CREW A N D D N N D D N N D D N N CREW B D N N D D N N D D N N D D N N CREW C D D N N D D N N D D N N D D N CREW D D D N N D D N N D D N N D DAY SHIFT 6AM - 6PM NIGHT SHIFT 6PM - 6AM AVERAGE HOURS PER WEEK: 42 (38 ORDINARY & 4 HOURS @ OVERTIME RATES) WEEK 1 WEEK 2 WEEK 3 WEEK 4 SHIFTS S M T W T F S S M T W T F S S M T W T F S S M T W T F S CREW A 8 D D N N D D N N D D N N CREW B D D N N 8 D D N N D D N N CREW C N N D D N N 8 D D N N D D CREW D N N D D N N D D N N 8 D D DAY SHIFT 6AM - 6PM NIGHT SHIFT 6PM - 6AM 8 HOUR DAY SHIFT AVERAGE HOURS PER WEEK: 38 HOURS (38 ORDINARY HOURS) WEEK 1 SHIFTS S M T W T F S CREW E D D D D D DAY SHIFT 7AM - 3.20PM AVERAGE HOURS PER WEEK: 38 HOURS (WORK 40 HOURS EACH WEEK WITHOUT OVERTIME TO ACCRUE FOR AN RDO) WEEK 1 SHIFTS S M T W T F S CREW E A A A A A DAY SHIFT 3PM - 11.20PM AVERAGE HOURS PER WEEK: 38 HOURS (40 HOURS EACH WEEK WITH AN RDO) WEEK 1 SHIFTS S M T W T F S CREW E N N N N N DAY SHIFT 11PM - 7.20AM AVERAGE HOURS PER WEEK: 38 HOURS (40 HOURS EACH WEEK WITH AN RDO) The Laminex Group Cheltenham Plant Production Agreement 2006 Page 41 of 79
Avoidance of Disputes. In relation to any matter that may be in dispute between the parties to this Agreement (‘the matter’), the parties:
(a) Will attempt to resolve the matter at the workplace level, including but not limited to :
(i) the employee and his or her supervisor meeting and conferring on the matter; and
(ii) if the matter is not resolved at such a meeting, the parties arranging further discussions involving the employer (as appropriate); and
(b) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and
(c) Agree to allow either party to refer the matter to mediation if the matter cannot be resolved at the workplace level; and
(d) Agree that if either party refers the matter to mediation, both parties will participate in the mediation process in good faith; and
(e) Acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to the mediation process and
(f) Agree that during the time when the parties attempt to resolve the matter:
(i) the parties continue to work in accordance with their contract of employment unless the employee has a reasonable concern about an imminent risk to his or health or safety; and
(ii) Subject to relevant provisions of the Workplace Health and Safety Act 1995, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by her employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform; and
(iii) The parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and
(g) Agree not to commence an action:
(i) to obtain a penalty under the Act; or
(ii) to obtain damages for breach of an Agreement; or
(iii) to enforce a provision of the Agreement; unless
(iv) the party initiating the action has genuinely attempted to resolve the dispute at the workplace level; and
(v) either;
(A) a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not requested; or
(B) the mediation was requested by either party and that mediation has been completed.
Avoidance of Disputes. 15.1 Any dispute relating to a matter arising under the agreement or the National Employment Standards, will allow an employee who is a party to the dispute to appoint a representative for the purposes of the procedures in this clause. Such a dispute shall be settled in the following manner:
(a) In the first instance, the parties will attempt to resolve the matter in dispute at the workplace between the employee(s) concerned and the relevant supervisor.
(b) The representative may interview the employee(s) concerned and the supervisor. The representative shall have reasonable access to resources (including photocopier, telephone, fax machine and notice board) to perform their role.
(c) Any employee involved in the dispute procedure steps shall be released on paid time.
15.1.1 If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions.
15.1.2 If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise.
15.1.3 If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Fair Work Commission for conciliation, and, if necessary, arbitration. Any dispute referred to the Fair Work Commission should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member of the relevant panel.
15.1.4 The decision of the Fair Work Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
15.1.5 Until the matter in dispute is determined, the status quo will prevail.
Avoidance of Disputes. 16.4.1 Every effort will be made to create a dispute-free working environment and to achieve the employment stability of PKPC employees throughout the lifetime of this Agreement.
16.4.2 There is a reciprocal requirement for both management and employees and the union to provide relevant information and explanation and consult one another.
16.4.3 Management for its part will encourage a dispute-free working environment by treating all employees equitably and fairly.
Avoidance of Disputes. 32.1 The parties agree to undertake all necessary steps to ensure that all issues receive prompt attention and are resolved by conciliation. Parties agree that once established, this procedure is to be followed before an action likely to lead to disruption is taken by either management or employees.
