Avoidance of Disputes Procedure. To ensure the orderly conduct of and speedy resolution of disagreements, disputes or occupational health and safety concerns, the following Resolution Procedure shall apply. The object of the procedure is to promote the resolution of issues and disagreements through consultation, co-operation and discussion between employees (or employee representative) and their respective supervisors. This procedure is based upon the recognition and development of the relationship between supervisors and their employees. The procedure is designed to resolve any disagreement, dispute or occupational health and safety concerns in a fair manner and is based upon the following principles.
(a) Commitment by the parties to observe procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or concern which may give rise to a disagreement or dispute.
(b) Throughout all stages of this procedure, all relevant facts shall be clearly identified and recorded where necessary.
(c) Realistic time limits shall allow for the completion of the various stages of the discussions.
(d) Emphasis shall be placed on an in-house settlement of issues bought about through consultation. However, if in-house consultation and negotiation is exhausted without resolution of the disagreement or dispute, the parties shall jointly or individually refer the matter to the New South Wales Industrial Relations Commission for assistance in resolving the dispute. Resolution Procedure Stage one The employee with the issue or concern will discuss the matter with the employee's immediate supervisor. The supervisor will set aside time to hear the issue of concern in a private discussion with the employee, the employee's representative and/or a third party observer, and after consideration (3 working days maximum) provide a comprehensive answer to the employee. The issue or concern and the answer provided by the supervisor shall be recorded. In the event that the matter is still not being resolved it will be referred to the General Manager or his/her representative who will convene a meeting with all the people previously involved in the matter to reconsider the issue or concern and the answers given thus far. All relevant facts shall be clearly recorded. The same procedure as set out in Stage one will be adopted with all relevant facts being clearly recorded. If no negotiated settlement can be achieved and the process is exhausted without the dispute being resolved, t...
Avoidance of Disputes Procedure. To ensure the orderly conduct of and speedy resolution of disagreements, disputes or occupational health and safety concerns, the following Resolution Procedure shall apply. The object of the procedure is to promote the resolution of issues and disagreements through consultation, co-operation and discussion between employees and their respective supervisors. This procedure is based upon the recognition and development of the relationship between supervisors and their employees. The procedure is designed to resolve any disagreement, dispute or occupational health and safety concerns in a fair manner and is based upon the following principles:
a) Commitment by the parties to observe the procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or concern which may give rise to a disagreement or dispute.
b) Throughout all stages of the procedure, all relevant facts shall be clearly identified and recorded where necessary.
c) Realistic time limits shall allow for the completion of the various stages of the discussions.
d) Emphasis shall be placed on an in-house settlement of issues bought about through consultation. However, if in-house consultation and negotiation is exhausted without resolution of the disagreement or dispute, the parties shall jointly or individually refer the matter to the Australian Industrial Relations Commission for assistance in resolving the dispute.
e) While the parties attempt to resolve the matter work will continue as normal.
Avoidance of Disputes Procedure. 18.1 Where possible issues in dispute or grievances will be resolved between employees and management at the premises of the Company.
18.2 When required, the union delegate and appropriate company representative will assist in the resolving of the dispute.
18.3 Should issues remain unresolved, the appropriate Union official and company representative will then become involved.
18.4 If the matter still cannot be resolved the matter may be referred to the NSW Industrial Relations Commission by either party, for determination. Such determination will be accepted by the parties to this Agreement.
18.5 Without prejudice to either party, work shall continue in accordance with this Agreement while the matters in dispute are being dealt with and the status quo will prevail.
Avoidance of Disputes Procedure. To ensure the orderly conduct of and speedy resolution of disagreements, disputes or occupational health and safety concerns, the following Resolution Procedure shall apply. The object of the procedure is to promote the resolution of issues and disagreements through consultation, co-operation and discussion between employees (or employee representative) and their respective supervisors. It shall be the sole choice of an employee as to whether or not they are represented during this procedure, and if so by whom. This procedure is based upon the recognition and development of the relationship between supervisors and their employees. The procedure is designed to resolve any disagreement, dispute or occupational health and safety concerns in a fair manner and is based upon the following principles:
(a) Commitment by the parties to observe procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or concern which may give rise to a disagreement or dispute.
(b) Throughout all stages of this procedure, all relevant facts shall be clearly identified and recorded where necessary.
(a) Realistic time limits shall allow for the completion of the various stages of the discussions.
Avoidance of Disputes Procedure. (i) Any dispute arising out of employment shall be referred by the delegate to the company representative appointed for this purpose.
(ii) Failing settlement at this level between UMA and the delegate on the job, the delegate may refer the dispute within a reasonable time to the union organiser who will take the matter up with UMA. All efforts shall be made by UMA and the union organiser to settle the matter but failing settlement the union organiser shall refer the dispute to UMA’s association and the union secretary shall take the matter up with the employers association.
(iii) During the discussions, the status quo shall remain, and the work shall proceed normally. Status quo shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute.
(iv) At any time, either party shall have the right to notify the dispute to the Industrial Xxxxxxxxx.
Avoidance of Disputes Procedure. As per Attachment 3.
Avoidance of Disputes Procedure. 12.1 The purpose of this Avoidance of Disputes Procedure is to allow all employees (and their nominated representatives if requested) and the Company access to a process to discuss and resolve matters of dispute arising under this Agreement.
12.2 The employees (and their nominated representatives if requested) and the Company agree to undertake all necessary steps to ensure that all issues receive prompt attention and are resolved by consensus, preferably by internal means.
12.3 During a dispute the status quo existing immediately prior to the matter giving rise to the dispute will remain. Work will proceed without stoppage or the imposition of any ban, limitation or restriction.
12.4 The agreed procedure is as follows: Stage 1 The employee will contact the supervisor and attempt to settle the matter at that level.
Avoidance of Disputes Procedure. (i) 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.
(ii) A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
(iii) If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary, the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
(iv) It is a term of this agreement that while the dispute settlement procedure is being conducted work shall continue normally unless an employee has a reasonable concern about an imminent risk to his or her health or safety. Subject to the concern re OHS, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
(v) Any dispute referred to the AIRC under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President.
(vi) The decision of the AIRC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
Avoidance of Disputes Procedure. 20.1 This clause governs disputes over the application of this Agreement or the NES.
20.2 At all times throughout the application of this clause, the involvement of the Union in each step may occur as a representative of the Employee(s), upon the request of any Employee affected by or involved in the issue. All references to Union involvement in this clause should be understood in that context.
20.3 The Union and the Company undertake to take all necessary steps to ensure that branches, officers, members, executives and the 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.
20.4 It is recognised by the Parties that this clause 19 requires that any matter must first be raised by the Employee or their delegate or representative at the job level with the Employee’s immediate manager prior to referral to the Union or other Company management. No matter shall be processed in accordance with this procedure unless it has firstly been genuinely addressed at site level and thereafter remains unresolved.
20.5 The Company and the Employee(s) shall notify each other as soon as possible of any industrial matter which, in the opinion of that party, might give rise to an industrial dispute. This shall include consultation prior to the introduction of a new method of work or new technology.
Avoidance of Disputes Procedure. To ensure the orderly conduct of and speedy resolution of disagreements, disputes or occupational health and safety concerns, the following Resolution Procedure shall apply. The object of the procedure is to promote the resolution of issues and disagreements through consultation, co-operation and discussion between employees (or employee representative) and their respective supervisors. This procedure is based upon the recognition and development of the relationship between supervisors and their employees. The procedure is designed to resolve any disagreement, dispute or occupational health and safety concerns in a fair manner and is based upon the following principles:
(a) Commitment by the parties to observe procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or concern which may give rise to a disagreement or dispute.
(b) Throughout all stages of this procedure, all relevant facts shall be clearly identified and recorded where necessary.
(c) Realistic time limits shall allow for the completion of the various stages of the discussions.
(d) To resolve safety matters a safety committee will be formed as per the Work Cover Authority guidelines.
(e) Emphasis shall be placed on an in-house settlement of issues bought about through consultation. However, if in-house consultation and negotiation is exhausted without resolution of the disagreement or dispute, the parties shall jointly or individually refer the matter to the New South Wales Industrial Relations Commission for assistance in resolving the dispute. Resolution Procedure Stage One The employee with the issue or concern will discuss the matter with the employee's immediate supervisor. The supervisor will set aside time to hear the issue of concern in a private discussion with the employee, the employee's representative and/or a third party observer, and after consideration (3 working days maximum) provide a comprehensive answer to the employee. The issue or concern and the answer provided by the supervisor shall be recorded. Stage Two In the event that the matter is still not being resolved it will be referred to the General Manager or his/her representative who will convene a meeting with all the people previously involved in the matter to reconsider the issue of concern and the answers given thus far. All relevant facts shall be clearly recorded. The same procedure as set out in Stage one will be adopted with all relevant facts being clearly re...
