Common use of AVOIDANCE OF INDUSTRIAL DISPUTES Clause in Contracts

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 witnesses in accordance with normal standards acceptable to the AIRC. (i) Subject to the procedures of the Commission, the member of the Commission is required to consider the matter for hearing within seven working days of the matter being referred where practicable. (j) When conciliating or arbitrating the grievance or dispute, the member of the Commission is required to have regard to the spirit and intent of this agreement, the needs of the business and the employee(s). (k) The member of the Commission has the power to decide on appropriate remedies to resolve the grievance or dispute. Any outcome determined by the Commission cannot be inconsistent with the National Code of Practice for the Construction Industry (“the Code”) or the Implementation Guidelines for the Code nor can any such outcome be inconsistent with legislative obligations. (l) Subject to their rights of appeal, the parties agree to be bound by the determination or arbitrated decision, which will be accepted by the parties as a settlement of the grievance or dispute. (m) If either party wished to appeal the decision of the member of the Commission, it may appeal to a Full Bench which shall be constituted by the President. (n) Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue directly affecting the performance of the work. (o) The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. [In this sub-clause, the 'status quo' may relate to an agreed position until the dispute or grievance is resolved], or if the parties cannot agree, any lawful direction of the Company will be complied with.

AVOIDANCE OF INDUSTRIAL DISPUTES. 10.1 It is a condition of this Workplace Agreement and each employee’s contract of employment, that continuous operations and workflow be maintained without bans, limitations or stoppages of work. This shall apply whether the issue, matter, dispute (ahereinafter referred to as the grievance) The matters relates directly to be site employment or not or whether it relates to a grievance dealt with by this Workplace Agreement or not. The parties acknowledge that it is a fundamental requirement that this clause be observed in this procedure shall include all grievances or disputes its entirety: Step 1. The grievance shall, in the first instance, be pursued 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 employeesemployees concerned and their immediate Supervisor. At any stage in the application process it is the employees call if they wish to have representation. For the purposes of this procedureexternal representation or advice, the Company will make telephone or facsimile facilities available. Step 2. If the grievance is not resolved within 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 Superintendent. At the employee’s option, the employee and/or the employer may nominate request a representative to assist themwhich may be the Employee Workplace Representative, also be involved in any discussions with the Superintendent. (b) The employee shall in Step 3. If after raising the first instance attempt to resolve grievance with the matter with his/her immediate supervisor, who shall respond to such request as soon as reasonably practicable under Superintendent 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 grievance is not resolved within a 48-hour time frame or the employee or 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 the aggrieved party may invite representation, which may include at the employee’s nominated representative may refer option only, the matter Employee Workplace Representative, Agent, Union Organiser. The Contract Manager, only if the employee elects to be represented, 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 next higher level of management for discussion. Such discussion shouldgrievance not being a prohibited matter, if possibleor a matter not relating to unlawful or unfair dismissal, 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 a matter shall be referred to the senior management not being in breach of the employer.no further claims clause or a breach of this Agreement, then any party, subject to (e) If the grievance or dispute remains unresolved after the parties have genuinely attempted to reach a resolution in accordance10.4 below, either party may refer the grievance or dispute apply to the Australian Industrial Relations Commission (AIRC) under Division 5 of Part 13 seeking resolution of the Workplace Relations Act 1996 for conciliation and where agreed by the parties, arbitrationgrievance via conciliation. (f) Subject to 10.3 Any notification will request that the procedures of the AIRC, a grievance or dispute which is matter be referred to the AIRC under this clause will be dealt with by a Commissioner or Commissioner or in their absence, any other available member of the Commission agreed by the parties, who holds the office of member of the AIRC under the Act.metals (g) If the above member is not available to conduct the dispute resolution process 10.4 Reasonable time limits shall be allowed 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 witnesses in accordance with normal standards acceptable to the AIRC. (i) Subject to the procedures of the Commission, the member of the Commission is required to consider the matter for hearing within seven working days of the matter being referred where practicable. (j) When conciliating or arbitrating the grievance or dispute, the member of the Commission is required to have regard to the spirit and intent of this agreement, the needs of the business and the employee(s). (k) The member of the Commission has the power to decide on appropriate remedies to resolve the grievance or disputeby conciliation. Any outcome determined by However, if the Commission cannot be inconsistent is unable to resolve the grievance via conciliation, then a 14 -day cooling off period will take effect. The combined parties during the cooling off period will genuinely attempt to resolve the grievance. Provided if still necessary after the cooling off period is over, the parties will by joint written request seek that the Commission make a written recommendation in full and final settlement of the grievance. The parties will abide by any written recommendation, provided such recommendation is consistent with the National Code of Practice for the Construction Industry (“the Code”) or the Industry, Implementation Guidelines for the National Code nor can any such outcome be inconsistent with of Practice for the Construction Industry or legislative obligationsobligations upon the parties. (l) Subject to their rights of appeal, the parties agree to be bound by the determination or arbitrated decision, which will be accepted by the parties as a settlement of the grievance or dispute. (m) If either party wished to appeal the decision of the member of the Commission, it may appeal to a Full Bench which shall be constituted by the President. (n) Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue directly affecting the performance of the work. (o) The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. [In this sub-clause, the 'status quo' may relate to an agreed position until the dispute or grievance is resolved], or if the parties cannot agree, any lawful direction of the Company will be complied with.

AVOIDANCE OF INDUSTRIAL DISPUTES. (a) 11.1 It is an express condition of this Enterprise Agreement and each employee’s contract of employment, that continuous operations and workflow be maintained without bans, limitations or stoppages of work. The matters to be dealt with in steps of this procedure shall include be followed on all grievances matters including matters relating to the National Employment Standards and any other issue, matter, dispute (hereinafter referred to as the grievance) relating directly to site employment 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 not or whether it relates to a single grievance dealt with by this Enterprise Agreement or not. The parties acknowledge that it is a fundamental requirement that this clause be observed in its entirety: Step 1. The grievance shall, in the first instance, be pursued between the employee or to any number of employeesemployees concerned and their immediate Supervisor. At any stage in the application of this procedure, process it is the employee and/or the employer may nominate a representative to assist them. (b) The employee shall employee’s decision in the first instance attempt to resolve the matter accordance with his/her immediate supervisorFreedom of Choice rights if he/she wishes to have representation. For the purposes of external representation or advice, 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 procedureCompany will make telephone or facsimile facilities available. (c) Step 2. If the matter grievance is not resolved within a sensible, mutually agreed timeframe as it was reported to the employee Supervisor or the aggrieved party has not received a formal response, then the aggrieved party shall discuss the grievance with the Superintendent or his/her equivalent. At this stage of the process it is the employee’s nominated representative may refer decision in accordance with his/her Freedom of Choice rights if 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 Employee Workplace Representative is also involved with the employee in any discussions with the Superintendent. Step 3. If after raising the grievance with the 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 the aggrieved party may invite representation, which may include at the employee’s representativeoption and in line with his/her Freedom of Choice rights, the Employee Workplace Representative, Agent or Union Organiser. The Contract Manager, only if the employee elects to be represented, will also have the option of having other relevant Company Managers present. (d) If 11.2 After the above steps have concluded and if the grievance or dispute is still unresolvednot resolved, 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 and any party may refer the grievance or dispute apply to the Australian Industrial Relations Commission (AIRC) Fair Work Australia 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 section 739 Dispute Notification seeking 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 witnesses in accordance with normal standards acceptable to the AIRC. (i) Subject to the procedures of the Commission, the member of the Commission is required to consider the matter for hearing within seven working days of the matter being referred where practicable. (j) When conciliating or arbitrating the grievance or dispute, the member of the Commission is required to have regard to the spirit and intent of this agreement, the needs of the business and the employee(s). (k) The member of the Commission has the power to decide on appropriate remedies to resolve the grievance or dispute. Any outcome determined by the Commission cannot be inconsistent with the National Code of Practice for the Construction Industry (“the Code”) or the Implementation Guidelines for the Code nor can any such outcome be inconsistent with legislative obligations. (l) Subject to their rights of appeal, the parties agree to be bound by the determination or arbitrated decision, which will be accepted by the parties as a settlement of the grievance or dispute. (m) If either party wished to appeal the decision of the member of the Commission, it may appeal to via conciliation as a Full Bench which shall be constituted by the President. (n) Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue directly affecting the performance of the work. (o) The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. [In this sub-clause, the 'status quo' may relate to an agreed position until the dispute or grievance is resolved]first step, or if the parties cannot agreethereafter subject, any lawful direction of the Company will be complied withArbitration.

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 accordanceaccordance with this procedure, 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 witnesses in accordance with normal standards acceptable to the AIRC. (i) Subject to the procedures of the Commission, the member of the Commission is required to consider the matter for hearing within seven working days of the matter being referred where practicable. (j) When conciliating or arbitrating the grievance or dispute, the member of the Commission is required to have regard to the spirit and intent of this agreement, the needs of the business and the employee(s). (k) The member of the Commission has the power to decide on appropriate remedies to resolve the grievance or dispute. Any outcome determined by the Commission cannot be inconsistent with the National Code of Practice for the Construction Industry (“the Code”) or the Implementation Guidelines for the Code nor can any such outcome be inconsistent with legislative obligations. (l) Subject to their rights of appeal, the parties agree to be bound by the determination or arbitrated decision, which will be accepted by the parties as a settlement of the grievance or dispute. (m) If either party wished to appeal the decision of the member of the Commission, it may appeal to a Full Bench which shall be constituted by the President. (n) Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue directly affecting the performance of the work. (o) The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. [In this sub-clause, the 'status quo' may relate to an agreed position until the dispute or grievance is resolved], or if the parties cannot agree, any lawful direction of the Company will be complied with.