Dispute Prevention and Settlement Procedure. The parties agree to use their best endeavours to prevent industrial disputes. However, if a dispute arises then the parties will attempt to resolve the dispute as quickly as possible and continue to work without interruption or disruption while the dispute is being resolved. No party will be prejudiced as to final settlement of the dispute by continuance of work under the dispute settlement procedure in this Agreement. This clause 3.13 applies to a dispute or grievance or claim about the interpretation or application of this Agreement or the National Employment Standards (NES). It does not apply to a dispute or grievance or claim about safety issues, unless they relate to the interpretation or application of this Agreement or the NES. While the dispute settlement procedure in this clause 3.13 is being followed, the parties must ensure that industrial action does not occur, the circumstances that existed prior to the dispute or grievance or claim prevail, and work continues as normal without detriment to any of the parties. The parties acknowledge the value of open communication and mutual respect when resolving a dispute or grievance or claim and will apply both during dispute resolution. For the purposes of this clause 3.13:
(i) Any reference to Employee(s) also includes any person or delegate the Employee(s) has chosen to support or represent the Employee(s) throughout this dispute prevention and settlement process; and
(ii) Any reference to the Company also includes any person or organisation the Company has chosen to support or represent the Company throughout this dispute prevention and settlement process. The parties are committed to the promotion and development of a harmonious workplace based upon consultation, collaboration and co-operation and it is agreed that the following dispute prevention and settlement procedure will apply on the Project to assist the parties to efficiently resolve issues so that no industrial lost time occurs:
(i) As soon as practicable, the Employee(s) with a concern or dispute will first meet and confer with their immediate supervisor. Employee(s) may appoint another person or delegate to support or represent them at any stage of discussions and/or the dispute procedure to resolve the concern or dispute;
(ii) If the matter is not resolved at such a meeting, the Employee(s) will arrange further discussions involving more senior management as appropriate;
(iii) If the matter remains unresolved, the Company may refer it to...
Dispute Prevention and Settlement Procedure. Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any employee and/or as to any other industrial matter pertaining to the relations of the Employer with employees and the National Employment Standards shall be settled in the undermentioned manner: The matter shall first be discussed between the aggrieved employee and their supervisor. If settlement is not reached the matter shall be discussed between a representative of the employee and the site manager or other appropriate officer of the Employer. If Agreement is not reached, the matter shall then be discussed between a representative of the head of the office of the company and the appropriate employee representative or official of the union. The provisions of this clause need not apply unless either the company or the union requests otherwise. If the matter is still not settled it shall be submitted to a member of Fair Work Commission for conciliation and if necessary arbitration. The decision of Fair Work Commission shall, subject to any rights appeal, be final and will be accepted by the parties. Until the matter is determined, the status quo will prevail.
Dispute Prevention and Settlement Procedure. In relation to any matter that may be in dispute between the parties to this Agreement, the parties:
11.1. will attempt to resolve the matter at the workplace level, including, but not limited to:
11.2. the employee and his or her manager meeting and conferring on the matter; and
11.3. if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate);
11.4. acknowledge the right of either party to appoint, in writing, another person (including a Union representative) to act on behalf of the party in relation to resolving the matter at the workplace level;
11.5. agree to allow either party to refer the matter to the Australian Industrial Relations Commission ( AIRC ) for conciliation only if the matter cannot be resolved at the workplace level;
11.6. agree that if either party refers the matter to conciliation, both parties will participate in the conciliation process in good faith;
11.7. acknowledge the right of either party to appoint in writing, another person (including a Union representative) to act on behalf of the party in relation to the conciliation process;
11.8. agree that during the time when the parties attempt to resolve the matter in accordance with this disputes procedure:
11.8.1 Without prejudice to either party, and except where a bona fide safety issue is involved in the event of an issue likely to give rise to a stoppage of work, the pre dispute condition shall continue while matters in dispute are being negotiated in good faith;
11.8.2 subject to relevant provisions of any state or territory occupational health and safety law, , the employee must not unreasonably fail to comply with a direction by his or her Employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform;
11.8.3 the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and
11.8.4 agree not to commence any legal proceedings or action in other jurisdictions.
11.9. this clause does not apply to a dispute relating to the termination.
Dispute Prevention and Settlement Procedure. Resolution of disputes and grievances:
44.1 Unless otherwise provided for in this Agreement, a dispute or grievance about a matter arising under this Agreement must be dealt with in accordance with this clause.
44.2 This clause does not apply to any dispute on a matter or matters arising in the course of bargaining in relation to a proposed workplace agreement.
44.3 A party may chose to be represented at any stage by a representative, including a union representative or employer’s organisation.
44.4 The parties to the dispute or grievance must genuinely attempt to resolve the dispute or grievance through the processes set out in this clause and must cooperate to ensure that these processes are carried out expeditiously.
44.5 Whilst a dispute or grievance is being dealt with in accordance with this clause, work must continue in accordance with usual practice, provided that this does not apply to an employee who has a reasonable concern about an imminent risk to his or her health or safety, has advised the employer of this concern and has not unreasonably failed to comply with a direction by the employer to perform other available work that is safe and appropriate for the employee to perform.
44.6 No party or employee will be prejudiced as to the final settlement of the dispute or grievance by the continuance of work in accordance with this clause.
44.7 The dispute or grievance must first be discussed by the aggrieved employee(s) with the employee(s) immediate supervisor.
44.8 If the matter is not settled, the employee(s) can require that the matter be discussed with another representative of the employer appointed for the purposes of this procedure.
44.9 If the matter is not settled, a party to the agreement may apply to the Australian Industrial Relations Commission (AIRC) to have the dispute or grievance dealt with by conciliation.
Dispute Prevention and Settlement Procedure. The following procedures shall be observed in the resolution of grievances and in the settling of disputes:
26.1 In the event of a grievance or dispute arising, the matter shall first be discussed between the employee(s) concerned, with a Union representative present if requested, and the immediate supervisor.
26.2 Should the matter remain unresolved it shall be referred to the management representative designated as being responsible for such issues. The relevant Union delegate and/or official shall attend if requested. Similarly, the Council may request a representative of the Local Government Association of Tasmania to attend.
26.3 Emphasis shall be placed upon a negotiated settlement. However, if the matter remains unresolved, either the employee or where requested by the employee, the employee’s nominated representative, or the employer, may refer the matter to the Australian Industrial Relations Commission to make a decision on the dispute. Subject to any appeal rights, any decision of the Commission shall be binding upon both parties.
26.4 Without prejudice to either party, and except where a bona fide safety issue is involved, work shall continue in accordance with the Award or Agreement existing between the parties while matters in dispute between them are being negotiated in good faith. Where a bona fide safety issue is involved, the employer and the appropriate safety authority must be notified concurrently or at least a bona fide attempt made to notify that Authority. All parties shall apply themselves diligently to the above process to ensure that any matter in dispute is dealt with expeditiously.
Dispute Prevention and Settlement Procedure a) A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Any dispute in relation to a work related, industrial matter or any matters arising out of the operation of the Agreement, incidental to the operation of the Agreement, the NES, including subsections 65(5) or 76(4) of the FW Act shall be dealt with according to the following procedure:
i. The circumstances that existed prior to the dispute or grievance or claim prevail, and work must continue as normal without detriment to any of the Parties.
ii. All Employees have the right to appoint an employee representative (which may be a Party to this Agreement, the Employee Representative elected under clause 8.3 of this Agreement or anyone else of the Employee's choice) in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first Instance.
iii. The Employer may appoint a representative of its choice in relation to a dispute.
iv. In the event of any work-related grievance arising between the Employer and an Employee or Employees, the matter shall be dealt with in the following manner:
A. The matter shall be first submitted by the Employee/s or their representative, to the site supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer.
B. Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of a representative.
C. If still not resolved, there may be discussions between the employee/sand their representative and senior representative of the Employer.
D. Should the matter remain unresolved, and all of the steps of this procedure have been exhausted the matter may be referred by either Party to this dispute to the FWC. The FWC may exercise conciliation in the first instance and if the conciliation is unsuccessful the FWC may exercise arbitration powers.
b) This procedure shall be followed in good faith without unreasonable delay.
Dispute Prevention and Settlement Procedure
