Common use of AVOIDANCE OF INDUSTRIAL DISPUTES Clause in Contracts

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 being followed the parties shall be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.

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 this Agreement are committed to maintaining continuity of supply in accordance with the Panel Charter). 9.1.2 In order commitments in Clause 32 of this Agreement and harmonious employee relations based on mutual trust, open communication and proactive consultation processes. The parties will use their best endeavours to facilitate resolve issues at all times and at the procedure lowest possible level in 9.1.1the Company. Any issue requiring resolution shall be dealt with in the following manner: (a31.1 Where an employee(s) The party has an issue, which has not resolved in the normal course of business, they shall raise it 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 their Coordinator and recorded; (c) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties both shall use their best endeavours to the dispute must co- operate to ensure that the disputes resolution procedures are carried out resolve it as quickly as possible. 9.1.3 Subject 31.2 Where an issue is directly relevant to sub-clause 9.1.4a work area, whilst the parties are attempting it shall be discussed and every endeavour made to resolve it within the team. 31.3 Should the issue not be resolved as above within a sensible, mutually agreed timeframe, it shall be referred to and discussed with the Plant Manager. 31.4 If not resolved, any of the Parties may raise the issue with the Human Resources Manager for resolution. 31.5 If still unresolved, the matter may be referred to the pre relevant union, who will discuss the matter with the Company. 31.6 Before the issue proceeds to the Industrial Relations Commission, the Company will ensure that its management and the union will ensure that its local union official has been involved in the process. 31.7 The parties agree that when the disputes procedure has been commenced the matter in dispute status quo shall prevailrevert to the position it was prior to the disputes procedure being activated. Where Work shall continue as normal while the dispute arises from a decision of is resolved. 31.8 If still unresolved, the employer then matter may be referred to the situation that prevailed prior to that decision shall prevail. Subject to this agreement the parties will continue to work Industrial Relations Commission, by either party, for conciliation and/or arbitration in accordance with due process. 31.9 After the Award procedure has been exhausted and this agreement and their contract subject to any the determination of employment, unless the Industrial Relations Commission there will be no restriction on the Company implementing the relevant change. 31.10 At any stage during the Avoidance of Industrial Disputes procedure the employee has a reasonable concern about an imminent risk the right to his or her health or safetyhave union representation. At levels 31.1 to 31.8 inclusive of the above, the employee must not unreasonably fail employee(s) may choose to comply with a direction by the company to perform other available work, whether at the same enterprise have an accredited union representative or another enterpriseemployee in attendance. While the above process is being pursued, that is safe and appropriate for the employee to perform. 9.1.4 Subject to the pre dispute status quo, whilst these processes are being followed the parties work shall be committed to avoid stoppages of work, lockouts or other continue as normal (without any bans or limitations on limitations). The Parties to this Agreement may raise an issue to a higher level in the performance of work and the company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice process at the enterpriseany time.

AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1.1 The following procedure for parties to this Agreement shall observe the avoidance Avoidance of Industrial Disputes Procedures. Any party to a dispute with matters arising under this Agreement or resolution any matters relative to the National Employment Standards (NES) has freedom 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 choice to request a representative or nominate another person to act on their behalf including an employee representative. Subject to 9.1.2 and 9.1.3, where an employee representative represent them at any stage of the procedure provided right of entry 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)Fair Work Act 2009. In the event of a dispute, work will continue without limitations while the Procedure is operating. A Procedure involving up to 5 stages of discussion shall apply. These are: i. Discussions between the employee(s) concerned and at his / her request, an appropriate representative, and the immediate supervisor. 9.1.2 In order ii. If not resolved, discussions involving the employee(s), the representative if requested and more senior management. iii. If not resolved, discussions involving the employee(s), the representative if requested, and the Company Manager. iv. If the dispute cannot be resolved, either party may apply to facilitate the procedure in 9.1.1:Fair Work Commission for resolution, conciliation or arbitration. (a) v. The party Fair Work Commission shall not propose or support any settlement that would be inconsistent with the grievance must notify National Code of Practice for the Construction Industry (the Code) and the Implementation Guidelines, reissued June 2006 (the Guidelines), the Code for the Tendering and Performance of Building Work 2016 or any revisions or successor code or instrument; or any statutory obligations. There shall be a commitment by all parties to adhere to this Procedure. This should be facilitated by the earliest possible advice by one party to the other party at the earliest opportunity of the problem;any issue or problem that may give rise to grievance or dispute. (ba) Throughout all stages of the procedure Procedure all relevant facts must shall be clearly identified and recorded;. (cb) Sensible time limits must shall be allowed for the completion of the various stages of the discussion. However, At least 7 days should be allowed for all stages of the parties discussions to the dispute must co- operate to ensure that the disputes resolution procedures are carried out as quickly as possiblebe finalised. 9.1.3 Subject to sub-clause 9.1.4, whilst c) Emphasis shall be placed on a negotiated settlement. It is a term of this Agreement that while the parties are attempting to resolve the matter the pre dispute status quo Dispute Resolution Procedure is being conducted work 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, normally unless the an employee has a reasonable concern about an imminent risk to his or his/ 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 being followed the parties shall be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the company . The employer shall ensure that all practices applied during the operation of the procedure Procedure are in accordance with safe working practices and consistent with established custom and practice at the enterpriseworkplace.

AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1.1 The parties agree that there shall be strict adherence to the following procedure for procedures when resolving any industrial disputation or grievances. These procedures will not restrict an employer or a duly authorised official of an employer’s organisation or a duly authorised official of the avoidance or resolution of disputes shall apply. The mechanism and procedures for resolving industrial disputes shall beUnion making representations to each other. (a) The employee/s concerned will first meet Union and confer with their immediate supervisorthe employer shall notify to each other in writing the names and/or titles of duly accredited job representatives. The employeeaccredited Union job representative will be the only person entitled to make representations on behalf of members of his/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 her Union employed by the necessary time during working hours to interview the employee/s employer and the supervisornominated employer’s representative will be responsible for dealing with matters raised by the Union job representative. (b) The accredited Union job representative and employer representative shall make himself or herself available for consultation as required under the procedures. (c) In the first instance, the accredited Union job representative shall discuss matters affecting the employees he/she represents with the supervisor of those employees. (d) If the matter is not resolved at such a meeting further discussions involving more senior management this level, the accredited Union job representative should ask for it to be referred to the employer’s representative nominated under paragraph (a) above, and employee representatives will take placethe xxxxxxx or supervisor shall do so. The employee employer’s representative shall be allowed at arrange a place designated by conference to discuss the employer, a reasonable matter within 24 hours or such other period of time during working hours to interview external advisors requested by as is agreed with the employee accredited Union job representative, in the workplace. (ce) The parties If the matter is not resolved at the conference convened under paragraph (d) above, the accredited Union job representative shall jointly or individually refer advise the appropriate local official of the Union of the matter in issue. A conference on the first instance matter will then be arranged, to be attended by such official or officials and the Victorian MetalUnion job representative concerned as the Union may decide, Engineering and Associated Industries Disputes Panel by the designated employer’s representative and such other representative of the employer including his/her association as the employer may decide. (f) If the “Panel”matter has not been resolved when the procedures referred to above have been availed of, the employer and the Union should enter into consultation about it at a higher level, on the employer and the Union sides, as the parties consider appropriate. (g) for conciliation and determination (which shall deal with At any stage in the dispute procedures after consultation between the parties has taken place in accordance with the Panel Charter). 9.1.2 In order procedures, either party may ask for and be entitled to facilitate receive a response to their representations within a reasonable time. If there is undue delay on the procedure in 9.1.1: (a) The party with the grievance must notify part of the other party at in responding to representations, the earliest opportunity party complaining of the problem;delay may, after giving notice of their intention to do so, take a matter to a higher level in the procedures on their side. (bh) Throughout all stages of the procedure all relevant facts must be clearly identified Without prejudice to either party, and recorded; (c) Sensible time limits must be allowed for completion of the various stages of discussion. Howeverexcept where a bona fide safety issue is involved, 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 work 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 award while matters in dispute between them are being negotiated in good faith. Where a reasonable concern about an imminent risk to his or her health or safetybona fide safety issue is involved, the employee employer and the appropriate Safety Authority must not unreasonably fail be notified concurrently or at least a bona fide attempt made to comply with a direction by the company to perform other available work, whether at the same enterprise or another enterprise, notify that is safe and appropriate for the employee to performauthority. 9.1.4 Subject to (i) At any stage of the pre dispute status quoprocedures, whilst these processes are being followed the parties shall be committed to avoid stoppages may seek the assistance of worka Conciliator, lockouts or other bans or limitations on the performance of work and the company shall ensure that all practices applied during the operation a member of the procedure Industrial Relations Commission of NSW, or some mutually acceptable person. (j) In the event of a party failing to observe these procedures, the other party may take such steps as are in accordance with safe working practices and consistent with established custom and practice at open to him/her to resolve the enterprisematter.

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 parties affirm that all forms of disputation and confer with their immediate supervisorgrievance must be resolved at the earliest opportunity and at a point closest to the source of the issue. The employee/s may appoint another person parties will ensure that sensible time limits will be applied to act on their behalf including an employee representative. Subject each step in the procedure set out below and they will co-operate to 9.1.2 and 9.1.3, ensure that all disputes will be resolved as quickly as possible. (b) In all cases where an employee representative is involved he or she shall industrial issue arises the parties will seek to resolve the matter through discussion which will observe the following series of steps:- (i) In the first instance the matter of concern will be allowed the necessary time during working hours to interview raised with the employee/s and Team Co-ordinator/Supervisor. A site union representative may be involved with the supervisor.consent of the employee/s. (bii) If the matter is not resolved at such a meeting further discussions involving more through (i) above then the matter will be discussed by senior management and employee site union representatives. (iii) If the matter is not resolved through (ii) above then the matter will be discussed by senior management and site union representatives together with an official of the Union's State Office and the Employer organisation. (iv) If the matter is not resolved by negotiation at steps (i) - (iii) above, then the matter will take place. The employee representative shall be allowed at a place designated by submitted to the employer, a reasonable period of time during working hours to interview external advisors requested by the employee representative, Australian Industrial Relations Commission for conciliation in the workplacefirst instance and if this proves unsuccessful to arbitration. (c) The parties shall jointly agree that during the term of this agreement no form of industrial action including work stoppage lockouts or individually refer limitations of normal work practices will occur. (d) The parties agree that duly elected Union representatives will be entitled to unpaid leave to attend stop work meetings convened by the matter Queensland Branch of the Union. The attendance of any additional employees at such meetings will be considered by the parties on each occasion and any agreement in the first instance relation to the Victorian Metal, Engineering and Associated Industries Disputes Panel (attendance of additional employees will be on the “Panel”) for conciliation and determination (which shall deal with basis of normal operations being maintained during the dispute in accordance with absence of the Panel Charter)delegation at the meeting. 9.1.2 In order (e) All matters relating 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. Howeverpersonal or collective grievances, the parties intent and effect of this agreement or the parent Award and the content and terms of any future awards or agreements which occur during the term of this agreement will be dealt with according to the dispute must co- operate to ensure that the disputes resolution procedures are carried out as quickly as possibleprovisions of this clause. 9.1.3 Subject (f) Where either or both parties wish to sub-clause 9.1.4accurately gauge opinion on a contentious issue, 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 an appropriate motion drafted by agreement between the parties will continue be put 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 performsecret ballot. 9.1.4 Subject to the pre dispute status quo, whilst these processes are being followed the parties shall be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.

AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1.1 The following procedure for the avoidance or resolution 10.1 It is a condition of disputes shall apply. The mechanism this Workplace Agreement and procedures for resolving industrial disputes shall be (a) The each 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 ’s contract of employment, unless that continuous operations and workflow be maintained without bans, limitations or stoppages of work. This shall apply whether the issue, matter, dispute (hereinafter referred to as the grievance) relates directly to 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 its entirety: Step 1. The grievance shall, in the first instance, be pursued between the employee or employees concerned and their immediate Supervisor. At any stage in the process it is the employees call if they wish to have representation. For the purposes of external 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 reasonable concern about an imminent risk to his or her health or safetyformal response, then the aggrieved party shall discuss the grievance with the Superintendent. At the employee’s option, the employee must may request a representative which may be the Employee Workplace Representative, also be involved in any discussions with the Superintendent. Step 3. If after raising the grievance with the Superintendent the grievance is not unreasonably fail 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 option only, the Employee Workplace Representative, Agent, Union Organiser. The Contract Manager, only if the employee elects to comply with 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 grievance not being a direction by prohibited matter, or a matter not relating to unlawful or unfair dismissal, or a matter not being in breach of the company no further claims clause or a breach of this Agreement, then any party, subject to 10.4 below, may apply to perform the Australian Industrial Relations Commission seeking resolution of the grievance via conciliation. 10.3 Any notification will request that the matter be referred to Commissioner or Commissioner or in their absence, any other available work, whether at member of the same enterprise or another enterprise, that is safe and appropriate metals 10.4 Reasonable time limits shall be allowed for the employee Commission to perform. 9.1.4 Subject resolve the grievance by conciliation. However, if the Commission is unable to resolve the pre dispute status quogrievance via conciliation, whilst these processes are being followed 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 shall be committed to avoid stoppages of work, lockouts or other bans or limitations on will by joint written request seek that the performance of work Commission make a written recommendation in full and the company shall ensure that all practices applied during the operation final settlement of the procedure are in accordance with safe working practices and grievance. The parties will abide by any written recommendation, provided such recommendation is consistent with established custom and practice at the enterpriseNational Code of Practice for the Construction Industry, Implementation Guidelines for the National Code of Practice for the Construction Industry or legislative obligations upon the parties.

AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1.1 The following procedure for the avoidance or resolution 11.1 It is an express condition of disputes shall apply. The mechanism this Enterprise Agreement and procedures for resolving industrial disputes shall be (a) The each 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 ’s contract of employment, unless the employee has a reasonable concern about an imminent risk to his that continuous operations and workflow be maintained without bans, limitations 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 being followed the parties shall be committed to avoid stoppages of work. The steps of this procedure shall be followed on all matters including matters relating to the National Employment Standards and any other issue, lockouts matter, dispute (hereinafter referred to as the grievance) relating directly to site employment or other bans not or limitations on whether it relates to a 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 performance of work first instance, be pursued between the employee or employees concerned and their immediate Supervisor. At any stage in the company shall ensure that all practices applied during process it is the operation of the procedure are employee’s decision in accordance with safe working practices and consistent his/her Freedom of Choice rights if he/she wishes to have representation. For the purposes of external representation or advice, the Company will make telephone or facsimile facilities available. Step 2. If the grievance is not resolved within a sensible, mutually agreed timeframe 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 established custom and practice the Superintendent or his/her equivalent. At this stage of the process it is the employee’s decision in accordance with his/her Freedom of Choice rights if the 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 enterpriseemployee’s option 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. 11.2 After the above steps have concluded and if the grievance is not resolved, and any party may apply to Fair Work Australia under section 739 Dispute Notification seeking resolution of the grievance via conciliation as a first step, or thereafter subject, Arbitration.

AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1.1 The following procedure for parties agree that timely and two-way communication is the avoidance or resolution of disputes shall applykey to achieving industrial harmony. The mechanism theme of dispute avoidance is to handle this communication in a planned and effective manner. It is the objective of these procedures for resolving to ensure that all industrial disputes grievances are resolved promptly by discussion and consultation between the parties and that the principles of substantive and procedural fairness are maintained. The parties to the Agreement recognize that all employees covered by this agreement may have industrial grievances which need to be resolved in the interest of maintaining good working relationship between the parties. If an employee has a grievance arising out of the application of this agreement he or she has the option to seek resolution in accordance with the following procedure. Step 1 The employee shall be (a) The employee/s concerned will first meet and confer attempt to resolve the grievance through raising the issue 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) Step 2 If the matter is remains unresolved, the matter maybe discussed with more senior management, typically Senior Supervisor / HR Coordinator. If an employee has requested to have a union delegate or other representative present (who will observe the process for procedural fairness but have limited involvement in the discussion), they may also be present. Step 3 If the matter remains unresolved, the matter may be discussed with more senior management, typically Manufacturing Manager / Operations Manager. If an employee has requested to have a representative present (who will observe the process for procedural fairness but have limited involvement in the discussion), they may also be present. Step 4 If the grievance of dispute cannot be resolved at such a meeting further discussions involving more senior management and employee representatives will take place. The employee representative shall the workplace level, it may, by agreement 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 referred to the Victorian Metal, Engineering Australian Industrial Relations Commission for mediation only 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 return to the workplace and attempt to resolve within a 10 working day period. Step 5 If no resolution after the matter the pre dispute status quo shall prevail. Where 10 working day period the dispute arises from may be referred to the Australian Industrial Relations Commission for arbitration. If arbitration is necessary the commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. Any dispute referred to the commission 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 either by the head of the relevant panel or the President. The decision of the employer then commission will bind the situation that prevailed prior parties, subject to that either party exercising a right of appeal against the decision to a full bench of the Australian Industrial Relations Commission. Whilst this procedure is being followed, work shall prevail. Subject continue as normal without any disruption to this agreement the parties will continue to work in accordance with the Award and this agreement and their contract continuity of employmentoperations, unless the an employee has a reasonable concern about an imminent risk to his or his/her health or safetyand safety An employee will not leave his/her workplace without the permission of their immediate supervisor, the employee must this permission will not be 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 performupheld. 9.1.4 Subject to the pre dispute status quo, whilst these processes are being followed the parties shall be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.

AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1.1 The following procedure for parties agree to the avoidance or resolution of disputes shall applyin a timely manner and with minimal disruption. Disputes in relation to matters specified in this Agreement will be dealt with by the following procedure. The mechanism procedure is : 1st Step The matter is discussed between the employee and procedures for resolving industrial disputes shall be (a) The employeehis/s concerned will first meet and confer with their her immediate supervisor. The employee/s may appoint another person to act on their behalf including an employee representative. Subject to 9.1.2 and 9.1.3Supervisor 2nd Step If settlement is not reached, 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 discussed between the immediate supervisor and Production Manager, the employee and the employee representative if requested by the employee. 3rd Step If settlement is not resolved at such a meeting further discussions involving more reached, the Operations Manager will become involved. 4th Step If settlement is not reached, the matter is referred to the 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 representativeand senior and employer representatives. 5th Step If, in after all reasonable attempts at the workplace. (c) The parties shall jointly or individually refer the matter in the first instance Plant 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 resolve the grievance must notify have failed, the other party at the earliest opportunity assistance of the problem; Australian Industrial Relations Commission (bAIRC) Throughout all stages of the procedure all relevant facts must will 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 sought to resolve the matter via conciliation. If the pre matter still remains unresolved after conciliation, either party may ask the AIRC to arbitrate to settle the dispute, with leave for either party to appeal such arbitration to a Full Bench of the AIRC. The parties may identify a particular member of the AIRC who will arbitrate the matter in dispute status quo shall prevailand failing agreement will be before a member allocated by the AIRC. Where In exercising its functions in this dispute resolution clause the dispute arises from a AIRC may exercise such procedural powers in relation to hearings, witnesses, evidence and submissions as are necessary to make the arbitration effective. The decision of AIRC member in an arbitration under this procedure may be appealed to a Full Bench of the employer then AIRC. That appeal may be an appeal on a question of law and/or an appeal on the situation that prevailed prior merits. The Full Bench may hear the appeal and exercise such powers in respect of the appeal as provided to that the Full Bench in the Workplace Relations Act 1996, as if the arbitrated decision shall prevailand outcome were an order made by a member of the AIRC. Subject to this agreement Until the parties matter is resolved, work will continue normally, without prejudice. Every effort will be made to work in accordance with the Award and this agreement and their contract ensure settlement 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 grievance at the same enterprise or another enterprise, that is safe earliest possible stage and appropriate at each stage an agreed time for resolution of the employee to perform. 9.1.4 Subject problem will be made before progression to the pre dispute status quo, whilst these processes are being followed the parties shall be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprisenext stage.

AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1.1 11.1 The following procedure for objectives of this Agreement are to eliminate disputes which result in stoppages, bans or limitations. It is agreed that the avoidance parties to this Agreement shall confer in good faith with a view to resolving the matter by direct negotiation and consultation. 11.2 The parties further agree that subject to the provisions of the Workplace Relations Act 1996 as amended, all grievances, claims or resolution of disputes shall applybe dealt with in the following manner so as to ensure the orderly settlement of the matters in question: Step 1. 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 9.1.3Any grievance or dispute which arises shall, where an possible, be settled by discussion on the job between the 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) Step 2. If the matter is not resolved at such a meeting this level, the matter will be further discussions involving more senior management discussed between the affected employee, their shop xxxxxxx (where the Union is the employee’s chosen representative), supervisor and employee representatives appropriate manager. Step 3. If no agreement is reached, where the Union is the employee’s chosen representative, the relevant Union Organiser and shop xxxxxxx will take placediscuss the matter with the manager. Step 4. The employee representative shall If no agreement is reached, where the Union is the employee’s chosen representative, the matter will be allowed at a place designated referred to the union secretary who will discuss it with the company's nominated Industrial Relations Representative. Step 5. Should the matter still not be resolved it may be referred 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”) Australian Industrial Relations Commission for conciliation and determination (which shall deal with the dispute in accordance with the Panel Charter)arbitration. 9.1.2 In order 11.3 The AIRC may exercise such procedural powers in relation to facilitate conciliation, arbitration, hearings, witnesses, evidence and submissions as are necessary to make the procedure conciliation or determination effective including, but not limited to, the powers set out in 9.1.1: (a) The party with the grievance must notify the other party at the earliest opportunity s.110 and s.111 of the problem;Workplace Relations Act 1996. (b) Throughout all stages 11.4 Any determination by the AIRC includes access to Appeal, and subject to this right 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. Howeverappeal, the parties to the dispute must co- operate will accept the determination. A determination of the AIRC may be appealed to ensure a Full Bench of the AIRC where that appeal is based on a question of law. The Full Bench may hear the disputes resolution procedures appeal and exercise such powers in respect of the appeal as are carried necessary, but not limited to, the powers set out as quickly as possiblein s.110, s.111 and s.112 of the Workplace Relations Act 1996. 9.1.3 Subject 11.5 Whilst the foregoing procedure is being followed work shall continue normally. No party shall be prejudiced as to sub-clause 9.1.4, whilst the parties are attempting to resolve final settlement by 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 continuance or 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 performsub-clause. 9.1.4 Subject to the pre dispute status quo, whilst these processes are being followed the parties shall be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.

AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1.1 12.1 The following procedure for the avoidance of resolution and disputes arising out of this agreement is as follows. It is hoped that any grievance or disagreement relating to a workplace issue can, where possible, be resolved with the minimum of formality. 12.2 Any employee or employees involved or concerned with a dispute or grievance may appoint a representative of their own choosing to act on their behalf in relation to any stage of the dispute resolution of procedure. 12.3 All issues, disputes shall apply. The mechanism and procedures for resolving industrial disputes shall begrievances should identified and resolved in accordance with the following: (a) The Step 1 In the first instance, the employee/s concerned will first meet and confer with their immediate supervisor. The employee/s may appoint another person . Step 2 If the issue cannot be resolved, it will be referred 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 next level of management for further discussion with the employee/s and the supervisorconcerned. (b) Step 3 If the matter is issue still cannot resolved at such a meeting further discussions be resolved, it may be referred for discussion involving more senior management and employee representatives will take placeas appropriate. 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 If the matter in remains unresolved or it is determined that reference to more senior management is unlikely to resolve the first instance dispute, it may be referred to the Victorian Metal, Engineering and Associated Industries Disputes Panel (the “Panel”) Australian Industrial Relations Commission for conciliation and determination (which shall deal with between the dispute in accordance with parties as required. Conciliation will involve the Panel Charter). 9.1.2 In order to facilitate the procedure in 9.1.1Commission: (a) The party with convening a conciliation conference between the grievance must notify parties at a time, place and venue that is agreeable to the other party at the earliest opportunity of the problemparties; (b) Throughout all stages of helping the procedure all relevant facts must be clearly identified parties to identify and recordeddefine the issues in dispute; (c) Sensible time limits must be allowed for completion helping the parties to develop a procedure which is aimed at achieving resolution of the various stages dispute quickly, fairly and cost- effectively; (d) acting as the facilitator of discussion. Howeverdirect negotiations between the parties. Step 4 If the Commission is of the view that once having completed the above process the matter in dispute remains unresolved, the Commission may express an opinion in writing to the parties as to what would constitute a reasonable resolution of the dispute, or else recommend any steps that might lead to the parties resolving the dispute. 12.4 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 will not be involved in industrial action relating 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 being followed the parties shall be committed to avoid including 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. 12.5 No party to a grievance or dispute will unduly delay the company shall ensure that all practices applied during procedure set out above. 12.6 Notwithstanding the operation above, the parties will not be bound by any decision of the procedure are in accordance Commission which breaches or is inconsistent with safe working practices the National Code of Practice and consistent Guidelines or is inconsistent with established custom and practice at any legislative obligations of the enterpriseparties.

AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1.1 The It is agreed that in order to avoid industrial action in relation to any particular dispute, the parties to the dispute will ensure that the following procedure for is followed responsibly and expeditiously. 21.1 All matters in dispute between the avoidance or resolution of disputes Company and any employees shall applyfirst be referred to the Leading Hand in the area in which the dispute arises. The mechanism and procedures for resolving industrial disputes shall be (a) The employee/s concerned This 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 done by the employee/s and . In order to resolve the supervisordispute, the Leading Hand may need to consult with other levels of line management responsible for that area. (b) 21.2 In the event of failure to resolve the dispute, the employee shall refer the dispute to the Warehouse Manager. This can be done by the employee or by the employee’s representative. 21.3 If the matter is not resolved unresolved at such a meeting further discussions involving more senior management and employee representatives will take place. The employee representative this stage it shall be allowed at a place designated by referred to the employerDistribution Manager who may request the involvement of the Human Resources Manager, a reasonable period and the Union Delegate may request the involvement of time during working hours to interview external advisors requested by the employee representative, in the workplaceUnion Organiser. (c) The 21.4 If the matter is still unresolved it shall be referred to a nominated Company representative and the Union State Secretary. If no negotiated settlement can be achieved and the process is exhausted without the dispute being resolved, the parties shall may jointly or individually refer the matter in the first instance to the Victorian Metal, Engineering and Associated Industries Disputes Panel (NSW Industrial Relations Commission for assistance in resolving the “Panel”) for conciliation and determination (which shall deal with dispute. At any meeting convened by 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, Commission 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 will use their best endeavours to resolve the matter by conciliation. 21.5 The time taken for all the pre dispute procedural steps up to 21.4 should be completed within three working days. 21.6 Without prejudice to either party whilst these procedural steps are being followed, work should continue normally and the status quo shall prevailremain. Where Status quo shall mean the situation existing immediately prior to the dispute arises from a decision or the matter giving rise to the dispute. 21.7 At any time either party shall have the right to notify the dispute to the relevant Industrial Registrar. 21.8 Any action of the employer then the situation that prevailed prior to that decision shall prevail. Subject parties to this agreement Agreement taken outside the parties will continue to work in accordance bounds of this procedure shall not be taken without consultation with the Award and this agreement and all Minto employees or 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 performrepresentative. 9.1.4 Subject to the pre dispute status quo, whilst these processes are being followed the parties shall be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.

AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1.1 The following 14.1 A procedure for the avoidance or resolution of disputes shall applyregarding matters arising under this agreement or the National Employment Standards will apply in all enterprises covered by this agreement. The mechanism and procedures for resolving industrial disputes shall bewill include, but not be limited to, the following: (a) The employeeEmployee/s concerned will first meet and confer with their immediate supervisor. The employeeEmployee/s may appoint another person to act on their behalf including an employee representative. Subject to 9.1.2 and 9.1.3behalf, where an employee representative is involved he or she shall be allowed if specifically requested by the necessary time during working hours to interview the employeeEmployee/s and the supervisor.concerned; (b) If the matter is not resolved at such a meeting the Employee/s concerned will submit their dispute in writing. At this point, the parties will arrange further discussions involving more senior management and employee representatives will take placeas appropriate. The employee representative shall Employee may request another person to 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, involved in the workplace.discussions. The Employer may also invite into the discussions another person to assist the Employer; (c) The parties shall jointly or individually If the matter remains unresolved, the Employer may refer it to a more senior level of management. In the event there is no agreement to refer the matter in to a more senior level or it is agreed that such a reference would not resolve the first instance matter the parties may refer the matter to the Victorian MetalFair Work Commission for mediation by the Fair Work Commission. If the matter is not able to be resolved by mediation and, Engineering and Associated Industries Disputes Panel (if agreed by the “Panel”) for conciliation and determination (which shall deal with parties, the dispute Fair Work Commission may arbitrate the matter in accordance with the Panel Charter)dispute. 9.1.2 14.2 In order to facilitate the procedure in 9.1.114.1: (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 the relevant facts must be clearly identified and recorded;; and (c) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties to the dispute must co- 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 14.3 While 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, employment unless the employee Employee has a reasonable concern about an imminent risk of his or her health and safety. Subject to relevant provisions of any State or Territory 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 Employee must not unreasonably fail to comply with a direction by the company his or her Employer to perform other available work, whether at the same enterprise or another enterprise, enterprise that is safe and appropriate for the employee Employee to perform. 9.1.4 Subject to the pre dispute status quo, whilst these processes are being followed the parties shall be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.