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. (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.