DISPUTE/GRIEVANCE RESOLUTION PROCEDURE. In the event of any grievance or dispute arising between an employee and the Employer, normal safe work shall continue. The grievance or dispute shall be dealt with in the following manner: a) In the first instance an employee should raise any matter of concern with their supervisor. b) If not mutually resolved, then the employee may request further discussion with their supervisor and the employee may be accompanied by another person, including a union delegate. c) If still not resolved, the employee/s, or their nominated representative, may refer the matter to the Employer's senior management for further discussions. The employee may elect to refer the matter to a full time Union official if the matter remains outstanding. d) In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) for conciliation and/or arbitration pursuant to section 709 of the Act. It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute. For the avoidance of doubt, the parties consent to the AIRC exercising any powers or functions reasonably incidental to the conciliation and/or arbitration of the dispute. The parties agree that any decision or determination of the AIRC under this clause shall be binding and final by virtue of this clause. Both parties will meet their own legal costs and the company will pay any cost charged by the AIRC for its services performed in conciliation or arbitration.
Appears in 4 contracts
Samples: Diving Agreement, Diving Agreement, Diving Agreement
