DISPUTE AND GRIEVANCE PROCEDURE. 18.1 In the event that a dispute arises between the College and the Association or between the College and one or more Members regarding the interpretation, application, or alleged violation of this Agreement, including any question as to whether the difference is arbitrable, the dispute shall be settled by way of the procedures set out below.
18.2 The following procedure applies to disputes between the College and the Association:
DISPUTE AND GRIEVANCE PROCEDURE. 32.1 A grievance between an Employee and the Company about matters contained in or arising from this Agreement and the NES should be discussed in the first instance between the employee and the employee’s line manager. In the event the matter is not resolved, the employee’s line manager will refer the matter to the relevant Petrol Specialist.
32.2 If the matter is still not resolved the employee may then raise the matter with the relevant Area Manager. At any stage, the employee has the option of enlisting the support of a representative who may be a Union representative, if the employee so chooses.
32.3 If the matter is not resolved the employee and/or their representative may then refer the matter to the National Operations Manager and the Petrol Human Resources Manager.
32.4 If the matter has still not been resolved either party may refer it to FWA for conciliation.
32.5 If the matter is still not resolved the employee may raise the matter with the Petrol General Manager and Director of Human Resources. In instances where the employee elects to be represented by the Union, the National Secretary of the Union shall represent the employee in discussions with the Company’s General Manager and Director of Human Resources.
32.6 If after subclause 32.5, there is still no resolution and the Company’s Director of Human Resources and the employee agree or, in instances where the employee elects to be represented by the Union, the Company’s Director of Human Resources and the National Secretary of the Union agree, the matter may proceed to arbitration by FWA.
32.7 If arbitration is necessary, FWA may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions in line with the Act, which are necessary to make the arbitration effective.
32.8 The decision of FWA will bind the parties, subject to either party exercising a right of appeal against the decision.
32.9 It is a term of this Agreement that while the grievance resolution procedure is being conducted work shall continue as normal before the dispute arose unless an employee has a reasonable concern about an imminent risk to his or her health or safety.
32.10 From the date of this Agreement, the above procedure will also apply to disputes about the NES with the exception that it will not apply to a dispute about whether the Company has reasonable business grounds under subsection 65(5) of the Act.
DISPUTE AND GRIEVANCE PROCEDURE. 13.1 It is a condition of employment, and a fundamental requirement of this Agreement, that this clause be observed in its entirety.
13.2 In the event of any grievance, or of any major change in employment conditions or Award terms, or in the event of any dispute between EPTEC and its employees, the Parties will consult together to reach settlement, without the loss of wages or production, provided always that work shall continue in the usual manner without bans and limitations on the performance of work whilst the steps below are followed:
13.2.1 The grievance or dispute shall, in the first instance be pursued between the employee or employees concerned and the immediate supervisor and where requested an employee representative.
13.2.2 If the matter is not resolved then discussion should be conducted with site management, and if appropriate, the relevant employee representative.
13.2.3 If the matter is not resolved then discussion should be conducted with senior management, and if appropriate, the employee representative who may involve officials of the Union if the employee so chooses.
13.2.4 If the matter cannot be settled by a conference between the Parties, the Company and/or the Union(s) or employee representatives may apply to the Australian Industrial Relations Commission, which shall endeavour to resolve the issue between the Parties by conciliation.
13.3 The Parties are committed to achieve adherence to the above procedure. This shall be facilitated in the first instances by the earliest possible advice by one party to the other of any issue or problem, which may give rise to a grievance or dispute.
13.4 Reasonable time limits shall be allowed for the completion of the various stages of the discussions, with at least seven (7) calendar days being allowed for stage (13.2.1) to (13.2.4) (inclusive) of the discussions to be finalised.
13.5 No Party shall be prejudiced simply by the fact that the work continued whilst the above process was being followed.
13.6 This procedure shall not prevent the Company or employee representatives from making -direct representations to one another, on any matter giving rise to, or likely to give rise to, a dispute or grievance.
DISPUTE AND GRIEVANCE PROCEDURE. 2.10.1 In relation to any matter that may be in dispute between the Employer and Employee or Employees, or if an Employee is unhappy with the way in which a situation was handled or an Employee has a general complaint about a workplace related issue, the parties agree that there will be a genuine attempt to resolve the matter at the workplace level, in the following manner:
(a) In the first instance an Employee or Employees will meet and confer with the Workshop Manager, in an attempt to reach a resolution of the issue;
(b) If the matter is not resolved or the matter concerns the Workshop Manager, an Employee or Employees will meet and confer with the Managing Director in an attempt to reach a resolution of the issue, or in the case of the Managing Director's absence, the General Manager; and
(c) If the matter is not resolved in the workplace after the abovementioned process has been followed, the matter may be referred to the Australian Industrial Relations Commission for assistance in resolving the matter by conciliation and if necessary, arbitration.
(d) If the parties agree to have the dispute determined by arbitration, the Commission shall have the following powers: ▪ The Commission can determine the matter in dispute by making a formal determination. The determination will be accepted by the parties, subject to either party having a right to appeal the determination to the Full Bench as if it were a decision under s.120 of the Act. The parties agree that the Commission may utilise the appeal provisions of s.120 of the Act. ▪ Any determination of the Commission shall be consistent with the Australian Government implementation guidelines for the National Code of Practice for the Construction Industry, the Workplace Relations Act 1996 and the Building and Construction Industry Improvement Act 2005. ▪ The Commission will permit either or both parties to be represented by an agent or legal practitioner and each party shall bear their own costs. ▪ The arbitration proceedings conducted before the Commission will be recorded and transcribed by the relevant reporting bureau for use by the parties. ▪ Before making its determination the Commission will give the parties an opportunity to be heard formally on the matter in dispute. In making its determination the Commission will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in concil...
DISPUTE AND GRIEVANCE PROCEDURE. 20.1 In the event that a dispute arises between the Board and the Association or between the Board and one or more Members regarding the interpretation, application, or alleged violation of this Agreement, including any question as to whether the difference is arbitrable, the dispute shall be settled by way of the procedures set out below.
20.2 The following procedure applies to disputes between the Board and the Association:
DISPUTE AND GRIEVANCE PROCEDURE. 27(1) As far as practical, all disputes and grievances must be resolved at the workplace level through consultation. The following procedure must be followed:
(a) The employee must discuss any grievance or claim with his or her immediate supervisor.
(b) If there is no satisfactory resolution of the claim through the process described at paragraph (a), the employee and/or his/ her supervisor may take the matter to the Department Manager.
(c) If there is no satisfactory resolution of the claim through the process described at paragraph (b), the employee, the employee’s supervisor and the Department Manager may take the matter for resolution to the Human Resource Manager.
(d) Should the matter involve interpretation of this Agreement, the employee and Human Resource Manager may agree on the involvement of an impartial third party (external Ombudsman) from outside the organisation that can assist the parties to reach a mutually acceptable outcome.
(e) In all stages (b) to (d) the employee has the right to have another employee, including a member of the Staff Liaison Committee, attend discussions.
27(2) If the steps in sub-clause 26(1) do not facilitate resolution of the grievance or claim, the matter may be referred to the Australian Industrial Relations Commission or an alternative dispute resolution provider for mediation or conciliation.
DISPUTE AND GRIEVANCE PROCEDURE. 34.1 A grievance between an Employee and the Company about matters contained in or arising from this Agreement should be discussed in the first instance between the employee and the employee's line manager. In the event the matter is not resolved, the employee’s line manager will refer the matter to the relevant Area Manager.
34.2 If the matter is still not resolved the employee may then raise the matter with the relevant Regional Manager. At this stage, the employee has the option of enlisting the support of a representative who may be a Union representative, if the employee so chooses.
34.3 If the matter is not resolved the employee and/or their representative may then refer the matter to the National Operations Manager and the Petrol Human Resources Manager.
34.4 If the matter has still not been resolved either party may refer it to FWA for conciliation.
34.5 If the matter is still not resolved the employee may raise the matter with the Petrol General Manager and
DISPUTE AND GRIEVANCE PROCEDURE. 54.1 The parties to a dispute must genuinely attempt to resolve the dispute at the workplace level. Note: This may involve an affected employee first discussing the matter in dispute with his or her supervisor, then with more senior management.
54.2 Where dispute cannot be resolved at workplace level.
54.2.1 Alternative dispute resolution process using an agreed provider
(a) If a matter in dispute cannot be resolved at the workplace level, a party to the dispute may elect to use an alternative dispute resolution process in an attempt to resolve the matter.
(b) The alternative dispute resolution process is to be conducted by a person agreed between the parties in dispute on the matter.
54.2.2 Where parties cannot agree on a provider
(a) If the parties cannot reach agreement on who is to conduct the alternative dispute resolution process, a party to the dispute on the matter may notify the Industrial Registrar of that fact.
(b) On receiving notification under subsection 54.2.1 (a), the Industrial Registrar must provide the parties with the prescribed information.
(c) If the parties cannot agree on who is to conduct the alternative dispute resolution process within the consultation period, a party to the dispute on the matter may apply to the Commission to have the alternative dispute resolution process conducted by the Commission.
(d) If an alternative dispute resolution process is used to resolve a dispute on a matter, the parties to the dispute must genuinely attempt to resolve the dispute using that process.
(e) In this section:
DISPUTE AND GRIEVANCE PROCEDURE. 9.1 Disputes about matters arising under the Agreement, or relating to the NES (including provisions relating to flexible working arrangements and extending the period of unpaid parental leave) will be resolved according to this procedure.
9.2 The Employee/s concerned will meet and confer with their immediate supervisor. The Employee/s may appoint another person to act on their behalf including an Employee or Union representative.
9.3 If the matter is not resolved at such a meeting the parties to the dispute will arrange further discussions involving more senior management as appropriate. The Employee, or Employee representative may invite an official from the Union (of which they are members and which is entitled to represent them) to be involved in the discussions as a further representative of the Employee. The Employer may also invite into the discussions an officer of the Employer organisation to which the Employer belongs.
9.4 Where the matter in dispute remains unresolved either of the parties may refer the matter to the FWC for conciliation and arbitration. The FWC may exercise procedural powers in relation to hearings, witnesses, submissions and evidence as necessary to make arbitration effective. All parties will abide by the decision of the FWC following arbitration, subject to either party exercising the right of appeal.
9.5 While the dispute procedure is being conducted, the original situation immediately prior to the dispute being raised will prevail, unless it is not safe to do so.
9.6 Subject to applicable occupational health and safety legislation, an Employee must not unreasonably fail to comply with a direction by the Employer to perform work, whether at the same or another workplace that is safe and appropriate for the Employee to perform.
DISPUTE AND GRIEVANCE PROCEDURE. In the event that a dispute arises between the Board and the Association or between the Board and one or more Members regarding the interpretation, application, or alleged violation of this Agreement, including any question as to whether the difference is arbitrable, the dispute shall be settled by way of the procedures set out below. The following procedure applies to disputes between the Board and the Association: Step The President of the Association shall act on behalf of the Association and the President shall act on behalf of the Board. The two shall meet and try to resolve the dispute through discussion. If the dispute is resolved to the satisfaction of both parties, no further action shall be taken. If the dispute is not resolved to the satisfaction of both parties, it becomes a grievance. Step The must provide to the respondent a written statement specifying:
