AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1.1 The following procedure for the avoidance or resolution of disputes shall apply. The mechanism and procedures for resolving industrial disputes shall be
(a) The employee/s concerned will first meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including an employee representative. Subject to 9.1.2 and 9.1.3, where an employee representative is involved he or she shall be allowed the necessary time during working hours to interview the employee/s and the supervisor.
(b) If the matter is not resolved at such a meeting further discussions involving more senior management and employee representatives will take place. The employee representative shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplace.
(c) The parties shall jointly or individually refer the matter in the first instance to the Victorian Metal, Engineering and Associated Industries Disputes Panel (the “Panel”) for conciliation and determination (which shall deal with the dispute in accordance with the Panel Charter).
9.1.2 In order to facilitate the procedure in 9.1.1:
(a) The party with the grievance must notify the other party at the earliest opportunity of the problem;
(b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;
(c) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties to the dispute must co- operate to ensure that the disputes resolution procedures are carried out as quickly as possible.
9.1.3 Subject to sub-clause 9.1.4, whilst the parties are attempting to resolve the matter the pre dispute status quo shall prevail. Where the dispute arises from a decision of the employer then the situation that prevailed prior to that decision shall prevail. Subject to this agreement the parties will continue to work in accordance with the Award and this agreement and their contract of employment, unless 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 the company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
9.1.4 Subject to the pre dispute status quo, whilst these processes are b...
AVOIDANCE OF INDUSTRIAL DISPUTES. (a) The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Company in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees. At any stage in the application of this procedure, the employee and/or the employer may nominate a representative to assist them.
(b) The employee shall in the first instance attempt to resolve the matter with his/her immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the issue concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
(c) If the matter is not resolved the employee or the employee’s nominated representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee’s representative.
(d) If the grievance or dispute is still unresolved, the matter shall be referred to the senior management of the employer.
(e) If the grievance or dispute remains unresolved after the parties have genuinely attempted to reach a resolution in accordance, either party may refer the grievance or dispute to the Australian Industrial Relations Commission (AIRC) under Division 5 of Part 13 of the Workplace Relations Act 1996 for conciliation and where agreed by the parties, arbitration.
(f) Subject to the procedures of the AIRC, a grievance or dispute which is referred to the AIRC under this clause will be dealt with by a member of the Commission agreed by the parties, who holds the office of member of the AIRC under the Act.
(g) If the above member is not available to conduct the dispute resolution process for any reason within a reasonable time, the matter will be dealt with by any other member of the Commission who holds the office of member of the AIRC under the Act.
(h) When conciliating or arbitrating an issue, the Commission is empowered to: Consult with the parties individually and/or collectively, formally and/or informally and it may:
(i) Ask for oral or written submissions to be prepared;
(ii) Conduct site visits;
(iii) Require other processes or procedures to be undertaken so as to enable the Commission to determine the grievance or dispute in a just and expeditious way.
(iv) Hear evidence and wit...
AVOIDANCE OF INDUSTRIAL DISPUTES. (i) As soon as is practicable after the dispute or potential dispute has arisen the employee concerned will take the matter up with his or her immediate supervisor affording him or her the opportunity to remedy the cause of the dispute or claim.
(ii) Where any such attempt at settlement has failed, or where the dispute or claim is of such a nature that further discussions with the supervisor is deemed inappropriate, the employee should notify his/her representative, and the supervisor should brief his/ her Manager.
(iii) Discussions should then take place with the Manager and if required by either party, a senior member of the Human Resources Department, to bring about a resolution to the problem. Failing a resolution the employee may ask their representative to take up the complaint on their behalf with senior management.
(iv) If the matter cannot be settled and Steps 1-3 have been exhausted, the subject of disagreement may be referred at the earliest opportunity to an impartial third party, (mediator), to be appointed by the parties (e.g. former Judge/Commissioner or other prominent person or relevant tribunal capable of providing a practical solution).
(v) If the parties are unable to agree on a mutually acceptable mediator, either party may submit the matter to the Australian Industrial Relations Commission for resolution.
(vi) On referral, the mediator (or the Commission) shall endeavour to resolve the issue between the parties by conciliation. Should this process fail to resolve the issue between the parties, the mediator (or Commission), may arbitrate the matter with agreement by the parties. The mediator or Commission is not empowered to make a determination that is inconsistent with the National Code of Practice for the Construction Industry and the Guidelines or inconsistent with the legislative obligations of any party.
(b) Through the above steps, common sense and respect for the other parties point of view should be maintained, and without prejudice to either party, the parties shall be committed to avoid stoppages of work, lockouts or any other bans or limitations on the performance of work while the procedures of negotiations and conciliation are being followed.
AVOIDANCE OF INDUSTRIAL DISPUTES. In the event of a grievance or dispute:
8.1 The Employee/s concerned will first meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including a shop xxxxxxx or delegate of their union. Subject to clause 8.3 and 8.2, where another person has been appointed he/she shall be allowed the necessary time during working hours to interview the Employee(s) and the supervisor for the purpose of attempting to resolve the dispute or grievance.
8.2 If the dispute or grievance remains unresolved, HCA may refer it to a more senior level of management or, if it chooses, to a senior national officer of the employer organisation of which HCA is a member. The Employee may choose to invite a different representative including a more senior union official to be involved in the discussions. In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter the parties shall jointly or individually refer the matter to the Australian Industrial Relations Commission for assistance in resolving the matter. The dispute will be finalised when the mediation in the AIRC is concluded or when the matter has been arbitrated by the AIRC.
8.3 In order to facilitate the procedure in 8.1 and 8.2:
(a) The party with the grievance must notify the other party at the earliest opportunity of the problem;
(b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;
(c) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the disputes resolution procedure is carried out as quickly as possible.
8.4 While the parties are attempting to resolve the matter, the parties will continue to work in accordance with this Agreement, unless the Employee has a reasonable concern about an imminent risk to his or her health and safety. Subject to relevant provisions of any occupational health and safety law, 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 HCA to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the Employee to perform.
AVOIDANCE OF INDUSTRIAL DISPUTES. The parties to this Agreement shall observe the Disputes Resolution Procedure under subclause 3.2 of the Metal, Engineering & Associated Industries Award 1998 – Part I. Provided that where a matter is not able to be resolved between the parties at the enterprise level, the parties may refer the matter to the Australian Industrial Relations Commission for conciliation and, by agreement between the parties at the time, arbitration.
AVOIDANCE OF INDUSTRIAL DISPUTES. The parties to this Agreement shall observe the dispute settlement procedure set out in the Storeman & Packers General (State) Award (Clause 5).
AVOIDANCE OF INDUSTRIAL DISPUTES. The parties to this agreement shall observe clause 5, Dispute Procedure, of the Storemen and Packers, General (State) Award.
AVOIDANCE OF INDUSTRIAL DISPUTES. A dispute or grievance that arises at a depot shall be dealt with as follows:
8.1 The employee(s) concerned will first meet and confer with their immediate Workshop Supervisor.
8.2 If the matter is not resolved in subclause 8.1 above, the parties will arrange further discussions involving the Engineering Services Manager.
8.3 If the matter is not resolved in subclause 8.2 above, the parties will arrange further discussions involving the Depot Manager.
8.4 If the matter is not resolved in subclause 8.3 above, the parties will arrange further discussions involving the Regional General Manager and / or the Group Chief Engineer.
8.5 If the matter is not resolved in subclause 8.4 above, the matter may be referred to the Australian Industrial Relations Commission (“AIRC”). The parties agree to abide by any recommendation or finding that the AIRC makes in respect of the matter(s) in dispute.
8.6 At any stage in subclauses 8.1, 8.2, 8.3 and 8.4 above, an employee may invite a support person to accompany him/her to a meeting.
8.7 During the dispute resolution process outlined above, work shall continue as normal.
AVOIDANCE OF INDUSTRIAL DISPUTES. The parties of this Agreement shall observe the avoidance of industrial disputes procedure under Appendix A of this Agreement.
