Common use of Avoidance of Disputes Procedure Clause in Contracts

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, the parties shall jointly or individually refer the matter to the Industrial Relations Commission of New South Wales for assistance in resolving the dispute. At any meeting convened by the Commission, the parties will use their best endeavours to resolve the matter by conciliation.

Avoidance of Disputes Procedure. To (1) In order to assist to achieve harmonious working relationships and maintain on-going service delivery by the Company, regular and ongoing consultation between the employees and the Company will be required to ensure co-operation is provided. (2) Employees are to be encouraged to contribute to this process with the orderly conduct view of ensuring that work is undertaken in the most safe and speedy resolution productive manner and the highest quality standards. (3) Subject to the provisions of disagreementsthis sub-clause, where any questions, disputes or occupational health difficulties arise between an employee or employees and safety concernsthe Company, the following Resolution Procedure process below shall applybe followed in resolving the matter. The object process shall not apply to any matters that are defined as prohibited content, however so defined or referred to in the Workplace Relations Act 1996 and Workplace Relations Regulations 2006 as amended from time to time. Provided, always, that work shall continue in the usual manner without loss of time or wages and without bans and limitations so as to allow the procedure is steps below 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.be followed: (a) Commitment by the parties to observe procedure. This should be facilitated by the earliest possible advice by one party to the other of The employee or employees must first discuss any issue grievance with their foreperson or concern which may give rise to a disagreement or disputesupervisor. (b) Throughout all stages of this procedureIf the matter is unable to be resolved, all relevant facts the employee or employees will discuss any grievance with the Company’s senior site representative, who shall be clearly identified and recorded where necessaryattempt to resolve the matter. (c) Realistic time limits shall allow for In the completion event of such discussions not resolving the various stages of grievance, the discussionsemployee or employees will meet with the Company’s senior management representative and participate in direct discussions in an attempt to resolve the matter. (d) For the purposes of sub-clauses (3)(a), (3)(b) and (3)(c), the employee or employees may appoint another person or organisation to accompany or represent the employee or employees in relation to the grievance. (e) Emphasis shall will be placed on an in-house agreed settlement of issues bought about through consultationthe matter. However, if in-house consultation the grievance remains unresolved and negotiation is exhausted without resolution all agreed steps for resolving the grievance have been taken and there have been genuine attempts to resolve the matter at the workplace, the following shall occur: (i) The person who has raised the grievance shall refer the dispute to the Australian Industrial Relations Commission under Division 5 of Part 13 of the disagreement Workplace Relations Act 1996 within forty eight (48) hours; (ii) If the grievance is not referred, any employee or dispute, the parties shall jointly Company bound by the Agreement affected may refer the matter in dispute to the Australian Industrial Relations Commission; (iii) Either the employee or individually employees or the Company may authorise an organisation of their choice or another representative to refer the matter to the New South Wales Australian Industrial Relations Commission for assistance and represent their interests before the Commission 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 any further proceedings. (3 working days maximumiv) 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 Any dispute 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 Australian Industrial Commission under this clause shall be clearly recorded. The same procedure dealt with by a member 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, agreed by the parties shall jointly at the time, or individually refer in default of agreement, a member nominated by either the matter to head of the relevant panel or the President (f) The Australian Industrial Relations Commission of New South Wales for assistance in resolving the dispute. At any meeting convened by the Commission, in dealing with the parties will use their best endeavours grievance, may exercise the following roles and powers: (i) The Commission must first attempt to resolve the matter grievance by mediation or conciliation. For that purpose: In attempting to resolve the grievance, the Commission shall confer with the parties informally to agree on procedural matters, including the manner in which each side will present its case, confidentiality requirements, representation, timing, location and duration of proceedings and any other matters about the Commission’s role in respect to establishing procedures to resolve the grievance. In attempting to resolve the grievance, the Commission may help the parties identify and define the matters in dispute and help the parties develop a procedure for resolving the dispute quickly and in a way that avoids unnecessary technicalities and legal forms. The parties agree that, during mediation or conciliation, the Commission may, if requested and agreed to by both parties, discuss the matters in dispute privately with any of the parties to the dispute or their representatives. The Commission shall keep confidential the content of any such discussions and shall not convey the content of such discussions unless specifically authorised to do so by the party concerned. The Commission may, if after the preceding steps have been followed and the grievance has not been resolved, and if the parties agree, make suggestions as to what would constitute a reasonable resolution to the dispute or any part thereof and provide, within a reasonable timeframe, a written statement of such suggestions to the parties. (ii) If mediation or conciliation fails to resolve the grievance, the Commission may arbitrate the matter. (iii) Provided the employee/s the subject of the grievance agree in writing that the decision of the Commission will bind them; each of the parties, including the employer and the union agree that the decision of the Commission will bind all the parties; subject to any party exercising a right of appeal against the decision to a Full Bench of the Commission (iv) Where the grievance is arbitrated, the Commission may exercise the powers contained in section 111 (1) Division 4 (sub-division B) of Part 3 of the Workplace Relations Act 1996. (4) Where any grievance arises, this procedure shall be followed and work shall continue normally, unless an employee has a reasonable concern about an imminent risk to their health or safety. Where such a concern does arise, the employee or employees shall perform other work as directed by the Company where such a risk is not present. (5) The Company or its representative will make themselves available upon the request of the employee or his or her representative so as to quickly deal with the grievance. However, all parties need to understand that the process of discussion and consultation takes time. (6) Any outcome reached by the parties, or recommendation, decisions or determinations arising from Commission proceedings cannot be inconsistent with the National Code of Practice for the Building and Construction Industry (the Code) and/or Australian Guidelines for the Code, or inconsistent with Legislative provisions. Additionally, any recommendation, decision or determinations arising from the Commission must not change the intent and/or the benefits contained within the Agreement.

Avoidance of Disputes Procedure. To ensure the orderly conduct of and speedy resolution of disagreements, disputes or occupational health and safety concerns, concerns the following Resolution Procedure 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 brought 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 Australian Industrial Relations Commission for assistance in resolving the dispute. Resolution Procedure Stage one One The employee with the issue or concern will discuss the matter with the employee's ’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 ’s union 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 Production 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 One will be adopted with all relevant facts being clearly recorded. Stage Three If no negotiated settlement can be achieved and the process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Australian Industrial Relations Commission of New South Wales for assistance in resolving the dispute. At any meeting convened by the Commission, the parties will use their best endeavours to resolve the matter by conciliation.

Avoidance of Disputes Procedure. To ensure a) This Clause sets out the orderly conduct process for resolving industrial issues or disputes between the parties, including disputes about matters arising under this Agreement and the National Employment Standards. (i) The objective of and speedy resolution of disagreements, disputes or occupational health and safety concerns, the following Resolution Procedure shall apply. The object of the this procedure is to promote the resolution of industrial issues and disagreements through by way of 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 principlesdiscussion. (aii) Commitment by When an issue arises, or is considered likely to arise, the following steps are to be followed. If it is not practicable for Steps 1 and 2 to be completed because of the serious nature of the dispute either of the parties may proceed directly to observe Step 3 of the dispute settlement 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 Step 1 The matter shall be clearly identified discussed as soon as possible between the employee/s and recorded where necessarytheir Team Leader. If the matter remains unresolved follow Step 2. (c) Realistic time limits Step 2 The matter shall allow for be discussed between the completion of employee/s, a union delegate if so requested and the various stages of Team Leader involved. The Company shall advise the discussionsemployee/s that union representation is available if required. If the matter remains unresolved, follow Step 3. (d) Emphasis Step 3 The employee/s 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 Departmental Manager who will endeavour to resolve the disputematter within 24 hours. Resolution Procedure Stage one The employee with If the matter remains unresolved Step 4 must be followed. Step 4 This step will involve a full review of the factual circumstances surrounding the issue or concern will discuss with both the matter with relevant union official and the employee's immediate supervisoremployee being given an opportunity to put the issue to the Operations Director. The supervisor Company will set aside time to hear the issue of concern in make a private discussion with the employee, the employee's representative and/or a third party observer, decision and after consideration (3 working days maximum) provide a comprehensive answer relay this decision to the employee. The issue or concern employee and union official within 48 hours. b) If 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 four step 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 issue being resolved, the parties shall jointly or individually refer resolved the matter may be referred, by either party to the Industrial Relations Commission Fair Work Australia (FWA), who will proceed in accordance with the provisions of New South Wales for assistance in resolving the dispute. At any meeting convened by the Commission, the parties will use their best endeavours to resolve clause 11.1 below. c) Until the matter by conciliationis determined, work will continue to be performed in accordance with current work practices without prejudice to the final outcome of the dispute settlement procedure unless the employee has a reasonable concern about imminent risk to his or her health or safety.