Common use of DISPUTE AVOIDANCE AND SETTLING PROCEDURE Clause in Contracts

DISPUTE AVOIDANCE AND SETTLING PROCEDURE. 8.1 The parties agree that they will resolve any industrial dispute by discussion without resort by Employees to industrial action of any kind or stand downs by the Employer. 8.2 In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor. 8.3 Should the dispute remain unresolved, the Employee or Employees concerned (with or without a representative) and the Employer will continue to confer. 8.4 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. 8.5 The Facilitative/Assisted Model - Conciliation 8.5.1 If a dispute about a matter or matters is unable to be resolved at the workplace level, and all the agreed steps for resolving it have been taken, the matter(s) in dispute may be referred to the Commission for private conciliation. 8.5.2 Before the private conciliation the Commission may confer with the parties informally about matters of procedure, such as: (a) the presentation of each side’s position (whether oral or in writing); (b) confidentiality requirements; (c) representation at the private conciliation; (d) preferred location and duration of the conciliation; (e) whether telephone conference sought at first instance? (f) any further particulars about the Commission’s role in relation to establishing procedures (such as how the conference will be concluded). 8.5.3 Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: (a) help the parties identify and define the matters in dispute; (b) help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; (c) where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; (d) act as the facilitator of direct negotiations between the parties. 8.5.4 The parties further agree that during the conciliation, the Commission, at its discretion, may discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The Commission shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. 8.5.5 Parties may agree to the following further steps if the matter(s) in dispute remain unresolved. 8.5.6 If the Commission is of the view that having completed the prior process the matter(s) in dispute remains unresolved, it may: (a) make suggestions for settlement of the dispute; (b) express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or (c) if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the Commission’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. 8.5.7 The parties agree that any function performed by the Commission in this regard is advisory only, and is not binding upon the parties. 8.6 It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk to his or her health or safety.

DISPUTE AVOIDANCE AND SETTLING PROCEDURE. 8.1 9.1 The parties agree that they will resolve any industrial dispute by discussion without resort by Employees to industrial action of any kind or stand downs by the Employer. 8.2 9.2 In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor. 8.3 9.3 Should the dispute remain unresolved, the Employee or Employees concerned (with or without a representative) and the Employer will continue to confer. 8.4 9.4 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. 8.5 9.5 The Facilitative/Assisted Model - – Conciliation 8.5.1 9.5.1 If a dispute about a matter or matters is unable to be resolved at the workplace level, and all the agreed steps for resolving it have been taken, the matter(s) in dispute may be referred to the Commission for private conciliation. 8.5.2 9.5.2 Before the private conciliation the Commission may confer with the parties informally about matters of procedure, such as: (a) the presentation of each side’s position (whether oral or in writing); (b) confidentiality requirements; (c) representation at the private conciliation; (d) preferred location and duration of the conciliation; (e) whether telephone conference sought at first instance? (f) any further particulars about the Commission’s role in relation to establishing procedures (such as how the conference will be concluded). 8.5.3 9.5.3 Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: (a) help the parties identify and define the matters in dispute; (b) help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; (c) where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; (d) act as the facilitator of direct negotiations between the parties. 8.5.4 9.5.4 The parties further agree that during the conciliation, the Commission, at its discretion, may discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The Commission shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. 8.5.5 9.5.5 Parties may agree to the following further steps if the matter(s) in dispute remain unresolved. 8.5.6 9.5.6 If the Commission is of the view that having completed the prior process the matter(s) in dispute remains unresolved, it may: (a) make suggestions for settlement of the dispute; (b) express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or (c) if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the Commission’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. 8.5.7 9.5.7 The parties agree that any function performed by the Commission in this regard is advisory only, and is not binding upon the parties. 8.6 9.6 It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk to his or her health or safety.

DISPUTE AVOIDANCE AND SETTLING PROCEDURE. 8.1 7.1 The parties agree that they will resolve any industrial dispute by discussion without resort by Employees to industrial action of any kind or stand downs by the Employer. 8.2 7.2 In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor. 8.3 7.3 Should the dispute remain unresolved, the Employee or Employees concerned (with or without a representative) and the Employer will continue to confer. 8.4 7.4 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. 8.5 7.5 The Facilitative/Assisted Model - Conciliation 8.5.1 7.5.1 If a dispute about a matter or matters is unable to be resolved at the workplace level, and all the agreed steps for resolving it have been taken, the matter(s) in dispute may be referred to the Commission for private conciliation. 8.5.2 7.5.2 Before the private conciliation the Commission may confer with the parties informally about matters of procedure, such as: (a) the presentation of each side’s position (whether oral or in writing); (b) confidentiality requirements; (c) representation at the private conciliation; (d) preferred location and duration of the conciliation; (e) whether telephone conference is sought at first instance?; (f) any further particulars about the Commission’s role in relation to establishing procedures (such as how the conference will be concluded). 8.5.3 7.5.3 Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: (a) help the parties identify and define the matters in dispute; (b) help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; (c) where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; (d) act as the facilitator of direct negotiations between the parties. 8.5.4 7.5.4 The parties further agree that during the conciliation, the Commission, at its discretion, may discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The Commission shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. 8.5.5 7.5.5 Parties may agree to the following further steps if the matter(s) in dispute remain unresolved. 8.5.6 7.5.6 If the Commission is of the view that having completed the prior process the matter(s) in dispute remains unresolved, it may: (a) make suggestions for settlement of the dispute; (b) express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or (c) if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the Commission’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. 8.5.7 7.5.7 The parties agree that any function performed by the Commission in this regard is advisory only, and is not binding upon the parties. 8.6 7.6 It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk to his or her health or safety.

DISPUTE AVOIDANCE AND SETTLING PROCEDURE. 8.1 The parties agree that they will resolve any industrial dispute by discussion without resort by Employees to industrial action of any kind or stand downs by the Employer. 8.2 In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor. 8.3 Should the dispute remain unresolved, the Employee or Employees concerned (with or without a representative) and the Employer will continue to confer. 8.4 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. 8.5 The Facilitative/Assisted Model - Conciliation 8.5.1 If a dispute about a matter or matters is unable to be resolved at the workplace level, and all the agreed steps for resolving it have been taken, the matter(s) in dispute may be referred to the Commission for private conciliation. 8.5.2 Before the private conciliation the Commission may confer with the parties informally about matters of procedure, such as: (a) the presentation of each side’s position (whether oral or in writing); (b) confidentiality requirements; (c) representation at the private conciliation; (d) preferred location and duration of the conciliation; (e) whether telephone conference is sought at first instance?; (f) any further particulars about the Commission’s role in relation to establishing procedures (such as how the conference will be concluded). 8.5.3 Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: (a) help the parties identify and define the matters in dispute; (b) help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; (c) where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; (d) act as the facilitator of direct negotiations between the parties. 8.5.4 The parties further agree that during the conciliation, the Commission, at its discretion, may discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The Commission shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. 8.5.5 Parties may agree to the following further steps if the matter(s) in dispute remain unresolved. 8.5.6 If the Commission is of the view that having completed the prior process the matter(s) in dispute remains unresolved, it may: (a) make suggestions for settlement of the dispute; (b) express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or (c) if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the Commission’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. 8.5.7 The parties agree that any function performed by the Commission in this regard is advisory only, and is not binding upon the parties. 8.6 It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk to his or her health or safety.

DISPUTE AVOIDANCE AND SETTLING PROCEDURE. 8.1 7.1 The parties agree that they will resolve any industrial dispute by discussion without resort by Employees to industrial action of any kind or stand downs by the Employer. 8.2 7.2 In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor. 8.3 7.3 Should the dispute remain unresolved, the Employee or Employees concerned (with or without a representative) and the Employer will continue to confer. 8.4 7.4 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. 8.5 7.5 The Facilitative/Assisted Model - Conciliation 8.5.1 7.5.1 If a dispute about a matter or matters is unable to be resolved at the workplace level, and all the agreed steps for resolving it have been taken, the matter(s) in dispute may be referred to the Commission for private conciliation. 8.5.2 7.5.2 Before the private conciliation the Commission may confer with the parties informally about matters of procedure, such as: (a) the presentation of each side’s position (whether oral or in writing); (b) confidentiality requirements; (c) representation at the private conciliation; (d) preferred location and duration of the conciliation; (e) whether telephone conference sought at first instance? (f) any further particulars about the Commission’s role in relation to establishing procedures (such as how the conference will be concluded). 8.5.3 7.5.3 Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: (a) help the parties identify and define the matters in dispute; (b) help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; (c) where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; (d) act as the facilitator of direct negotiations between the parties. 8.5.4 7.5.4 The parties further agree that during the conciliation, the Commission, at its discretion, may discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The Commission shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. 8.5.5 7.5.5 Parties may agree to the following further steps if the matter(s) in dispute remain unresolved. 8.5.6 7.5.6 If the Commission is of the view that having completed the prior process the matter(s) in dispute remains unresolved, it may: (a) make suggestions for settlement of the dispute; (b) express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or (c) if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the Commission’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. 8.5.7 7.5.7 The parties agree that any function performed by the Commission in this regard is advisory only, and is not binding upon the parties. 8.6 7.6 It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk to his or her health or safety.