Consultation disputes. Any dispute regarding the obligations under this clause will be dealt under the Dispute Resolution Procedure at clause 7.
Consultation disputes. (a) Any dispute regarding the obligations under this clause 13 will be dealt with under the Dispute Resolution Procedure at clause 14 of this Agreement.
(b) Where a consultation dispute is raised in accordance with clause 14 of the Agreement, the obligations at subclause 14.2 apply including:
(i) the parties to the dispute and their representatives must genuinely attempt to resolve the dispute through the processes set out in clause 14 and must cooperate to ensure that these processes are carried out expeditiously; and
(ii) while the dispute resolution procedure is being conducted work will continue normally according to the usual practice that existed before the dispute, until the dispute is resolved (meaning the Major Change is not to be implemented while the dispute is unresolved, subject to subclause 13.10(d)).
(c) Where an Employer has implemented a change and a dispute is notified alleging the Employer’s failure to consult in accordance with clause 13, the Employer will reverse the change and restore the status quo that existed before the change was implemented, except where:
Consultation disputes. [*] shall consult with [*] prior to entering into any [*] with a Third Party for which [*] would seek to [*] under this Section 6.12, and shall take into account reasonable suggestions of [*] with respect to such proposed [*]. Any dispute under this Section 6.12, including any dispute as to whether such a [*] is necessary, shall be resolved in accordance with Section 12.3.1 below.
Consultation disputes. Any dispute regarding the obligations under this clause will be dealt under the Dispute Resolution Procedure at clause 14 of this Agreement.
(a) Where an Employer proposes to change an Employee’s regular roster or ordinary hours of work, the Employer must consult with the Employee or Employees affected and their representatives, if any, about the proposed change.
(b) The Employer must:
(i) consider health and safety impacts including fatigue;
(ii) provide to the Employee or Employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the Employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(iii) invite the Employee or Employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(iv) give consideration to any views about the impact of the proposed change that is given by the Employee or Employees concerned and/or their representatives.
(c) The requirement to consult under this clause 13A does not apply to an Employee where the change to an Employee’s regular roster or ordinary hours of work is as a consequence of that Employee’s irregular, sporadic or unpredictable working hours, self-rostering or, where permitted, a rotating roster.
(d) The provisions of this clause 13A are to be read in conjunction with the terms of the engagement between the Employer and Employee, other Agreement provisions concerning the scheduling of work, and notice requirements.
Consultation disputes. Any dispute regarding the obligations under this clause will be dealt with under the Dispute Resolution Procedure at clause 13 of this Agreement. This clause 11A applies where a change to regular rosters or ordinary hours of work (which may impact upon an employee, particularly in relation to their family and caring responsibilities) does not constitute ‘Major Change’ in accordance with subclause 11.2(c).
Consultation disputes. Any dispute regarding the obligations under this clause will be dealt under the Dispute Settling Procedure at clause 13 of this Agreement.
Consultation disputes. Any dispute regarding the obligations under this clause will be dealt under the Dispute Resolution Procedure at clause 56. Accident Pay shall be in accordance with Appendix D. Requests for flexible working arrangements are provided for in the NES. NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 56 - Dispute Resolution Procedure and/or under section 65B of the Fair Work Act.
61.1 The Fair Work Act entitles specified Employees to request flexible working arrangement in specified circumstances.
61.2 The specified Employees are:
(a) full time or part Employees with at least 12 months continuous service; and
(b) long term casual Employees who have been employed on a regular basis for at least 12 months and with a reasonable expectation of continuing employment by the Employer on a regular and systematic basis.
61.3 The specified circumstances are if the Employee:
(a) pregnant;
(b) is the parent, or has responsibility for the care, of a child who is of school age or younger;
(c) is a carer within the meaning of the Carer Recognition Act 2010 which includes, with some exceptions, caring for someone who has a disability, a medical condition (including a terminal or chronic illness), a mental illness or is frail or aged;
(d) has a disability;
(e) is 55 or older;
(f) is experiencing violence from a member of the Employee’s family; or
(g) provides care or support to a member of the Employee’s immediate family or a member of the Employee’s household, who requires care or support because the member is experiencing violence from the member’s family.
61.4 A specified Employee may make a request to the Employer for a change in working arrangements relating to the specified circumstances at sub-clause 61.3.
61.5 A request for flexible working arrangements includes (but is not limited to) a request to work part-time upon return to work after taking leave for the birth or adoption of a child to assist the Employee to care for the child (which may, for example, include a reduction in existing part-time hours).
61.6 Changes in working arrangements may include (but are not limited to) changes to hours of work, patterns of work and location of work.
61.7 The request by the Employee must be in writing, set out details of the change sought and the reasons for the change.
61.8 The Employer must give the Employee a written response to the request within 21 days, stating whether the Employer grants or refuses the request. A request may o...
Consultation disputes. AZ shall consult with Array prior to entering into any license agreement with a Third Party for which AZ would seek to deduct royalties under this Section 6.15, and shall take into account reasonable suggestions of Array with respect to such proposed license. Any dispute under this Section 6.15 including any dispute as to whether such a license is necessary, shall be resolved in accordance with Section 12.2 below.
Consultation disputes. (a) Any dispute regarding the obligations under this clause 13 will be dealt with under the Dispute Resolution Procedure at clause 15 of this Agreement.
(b) Where a consultation dispute is raised in accordance with clause 15 of the Agreement, the obligations at sub-clauses 15.3 and 15.7 apply including:
(c) Where an Employer has implemented a change and a dispute is notified alleging the Employer’s failure to consult in accordance with clause 13, the Employer will reverse the change and restore the status quo that existed before the change was implemented, except where: the Employer:
(A) disputes the alleged failure to consult in accordance with clause 13; and
(B) makes an application to the Commission in accordance with sub-clause 13.8(d) within seven (7) days of the dispute being notified; in which case the requirement to reverse the change does not apply until the matter is dealt with under sub-clause 13.8(d); or the Employer has completed step 3 of the consultation process and issued the written notification in sub-clause 13.7(a) and the Affected Employee/s, the Union, and/or the Employee’s other chosen representative (where relevant) have not notified or escalated a dispute (including to the Commission) within seven (7) days of this written notification; or the Affected Employee/s and the Union agree in writing the change is not required to be reversed.
(d) A party may seek an interim decision or, by agreement with the parties to the dispute, a recommendation of the Commission, in accordance with sub-clause 15.6(d), including where an Employer has made an application referred to in sub-clause 13.8(c)(i) regarding the reversal of an implemented change referred to in sub-clause 13.1(a) (in whole or part) while the dispute is being resolved. The Commission may consider: the impact of reversing and not reversing the change on the Employer and Affected Employees; whether the Employer has complied with the steps at sub-clauses 13.4 to 13.7 of this Agreement; whether a party to the dispute has complied with sub-clause 15.3 and 15.7; and any other matter the Commission considers relevant.
Consultation disputes
