Common use of Dispute Prevention and Settlement Procedure Clause in Contracts

Dispute Prevention and Settlement Procedure. a) The Parties Bound agree to use their best endeavours to prevent industrial disputes. However, if a dispute arises then the Parties Bound 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. b) This clause (3.12) 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. c) While the dispute settlement procedure in this clause (3.12) are 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. d) For the purposes of this clause 3.12: (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. e) 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 the Project Manager as appropriate; (iii) If the matter remains unresolved, the Employee(s) grievance will be referred to the Company Employee Relations Manager, or their delegate for resolution, who will consult with the Project Director as appropriate. f) If still not resolved, the matter may be referred to the Fair Work Commission (FWC) for conciliation, where it may exercise its ability to make a recommendation or provide an opinion, then arbitration for resolution. The decision made by the FWC will be binding to both the Company and affected Employee(s), subject to either party exercising a right of appeal against the decision to a Full Bench of the FWC. g) The Company and any party bound to this Agreement reserve the right to be legally represented for any matter before the FWC. h) Nothing in this clause 3.12 will affect the ability of the Company to terminate an Employee pursuant to the termination Clause(s) in this Agreement. i) In order to facilitate the resolution of concerns or disputes: (i) The party with the concern or dispute must notify the other party at the earliest opportunity of the problem; (ii) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; (iii) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties to the dispute must co-operate to ensure that the disputes prevention and settlement procedures are carried out as quickly as possible; and (iv) It is agreed between the Parties to this Agreement that normal work will continue whilst any dispute is being resolved. j) Disputes or grievances about safety issues must be isolated from industrial matters and will not be dealt with according to the procedures set out in this clause 3.12. Such safety issues are to be dealt with under clause 4.7. However, an issue on non- compliance with the processes in clause 4.7may be raised under this clause 3.12.

Dispute Prevention and Settlement Procedure. a) ‌ The Parties Bound agree to use their best endeavours to prevent industrial disputes. However, if a dispute arises then the Parties Bound 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. b) . This clause (3.12) 3.12 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. c) . Disputes or grievances about safety issues must be isolated from industrial matters and will not be dealt with according to the procedures set out in this clause 3.12. Safety issues are to be dealt with under clause 4.4. However, an issue on non-compliance with the processes in clause 4.4 may be raised under this clause 3.12. While the dispute settlement procedure in this clause (3.12) 3.12 are 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. d) . For the purposes of this clause 3.12: (i) 3.12 : 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) and 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. e) . 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 the Project Manager as appropriate; (iii) ; If the matter remains unresolved, the Employee(s) grievance will be referred to the Company Employee Industrial Relations Manager, or their delegate for resolution, who will consult with the Project Director as appropriate. f) . If still not resolved, the matter may be referred to the Fair Work Commission (FWC) for conciliation, where it may exercise its ability to make a recommendation or provide an opinion, then arbitration for resolution. The decision made by If the FWC will be is unable to resolve the dispute in conciliation, the Fair Work Commission may then: arbitrate the dispute; and make a determination that is binding to both on the Company and affected Employee(s)Parties, subject to either party Party exercising a right of appeal against the decision to a Full Bench of the FWC. g. 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. The Company and any party bound to this Agreement reserve the right to be legally represented for any matter before the FWC. h) . Nothing in this clause 3.12 will affect the ability of the Company to terminate an Employee pursuant to the termination Clause(s) in this Agreement. i) . In order to facilitate the resolution of concerns or disputes: (i) : The party with the concern or dispute must notify the other party at the earliest opportunity of the problem; (ii) ; Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; (iii) ; Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties to the dispute must co-operate to ensure that the disputes prevention Disputes Prevention and settlement Settlement procedures are carried out as quickly as possible; and (iv) and It is agreed between the Parties to this Agreement that normal work will continue whilst any dispute is being resolved. j) Disputes or grievances about safety issues must be isolated from industrial matters and will not be dealt with according to the procedures set out in this clause 3.12. Such safety issues are to be dealt with under clause 4.7. However, an issue on non- compliance with the processes in clause 4.7may be raised under this clause 3.12.

Dispute Prevention and Settlement Procedure. a) The Parties Bound parties agree to use their best endeavours to prevent industrial disputes. However, if a dispute arises then the Parties Bound 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. b) . This clause (3.12) 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 issues, unless they relate to the interpretation or application of this Agreement or the NES. c) . While the dispute settlement procedure in this clause (3.12) are 3.13 is being followed, the Parties 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 Partiesparties. The Parties 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. d) . For the purposes of this clause 3.123.13: (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. e) . The Parties 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 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 the Project Manager more senior management as appropriate; (iii) If the matter remains unresolved, the Employee(sCompany may refer it to a more senior level of management or representative. In the event that there is no resolution of the matter after following the steps prescribed in clause (e) grievance will be referred above, if any of the parties to the dispute believe that the Company Employee Relations Managerreferring the dispute to a more senior level internally will not resolve the dispute, or their delegate for resolution, who will consult with then any of the Project Director as appropriate. f) If still not resolved, parties may refer the matter may be referred to the Fair Work Commission FWC for assistance in resolving the matter first by conciliation (FWC) for conciliation, where it in which the FWC may exercise its ability to make a recommendation or provide issue an opinion), or where the matter in dispute remains unresolved after conciliation, then arbitration. If arbitration for resolutionis necessary, the FWC may exercise such procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. The decision made by the FWC in arbitration will be binding to both the Company and affected Employee(s)parties to the dispute, subject to either party exercising a right of appeal against the decision to a Full Bench of the FWC. g) . The Company and any party bound to this Agreement reserve the right to be legally represented for any matter before the FWC. h) . Nothing in this clause 3.12 will affect the ability of the Company to terminate an Employee pursuant to the termination Clause(s) in this Agreement. i) . Any decision or outcome or suggested resolution of a grievance under this clause will not be inconsistent with legislative obligations. In order to facilitate the resolution of concerns or disputes: (i) The party with the concern or dispute must notify the other party at the earliest opportunity of the problem; (ii) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; (iii) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties to the dispute must co-operate to ensure that the disputes prevention and settlement procedures are carried out as quickly as possible; and (iv) It is agreed between the Parties parties to this Agreement agreement that normal work will continue whilst any dispute is being resolved. j) . Disputes or grievances about safety issues must be isolated from industrial matters and will not be dealt with according to the procedures set out in this clause 3.12clause. Such safety issues are to be dealt with under in accordance with clause 4.74.12. However, an issue on non- of non-compliance with the processes in clause 4.7may 4.12 may be raised under this clause 3.123.13.

Dispute Prevention and Settlement Procedure. a) The Parties Bound agree to use their best endeavours to prevent industrial disputes. However, if a dispute arises then the Parties Bound 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. b) . This clause (3.12) 3.12 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 issues, unless they relate to the interpretation or application of this Agreement or the NES. c) . Disputes or grievances about safety issues must be isolated from industrial matters and will not be dealt with according to the procedures set out in this clause 3.12. Safety issues are to be dealt with under clause 4.4. However, an issue on non-compliance with the processes in clause 4.4 may be raised under this clause 3.12. While the dispute settlement procedure in this clause (3.12) 3.12 are 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. d) . For the purposes of this clause 3.12: (i) 3.12 : 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) and 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. e) . 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 the Project Manager as appropriate; (iii) ; If the matter remains unresolved, the Employee(s) grievance will be referred to the Company Employee Industrial Relations Manager, or their delegate for resolution, who will consult with the Project Director as appropriate. f) . If still not resolved, the matter may be referred to the Fair Work Commission (FWC) for conciliation, where it may exercise its ability to make a recommendation or provide an opinion, then arbitration for resolution. The decision made by If the FWC will be is unable to resolve the dispute in conciliation, the Fair Work Commission may then: arbitrate the dispute; and make a determination that is binding to both on the Company and affected Employee(s)Parties, subject to either party Party exercising a right of appeal against the decision to a Full Bench of the FWC. g. 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. The Company and any party bound to this Agreement reserve the right to be legally represented for any matter before the FWC. h) . Nothing in this clause 3.12 will affect the ability of the Company to terminate an Employee pursuant to the termination Clause(s) in this Agreement. i) . In order to facilitate the resolution of concerns or disputes: (i) : The party with the concern or dispute must notify the other party at the earliest opportunity of the problem; (ii) ; Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; (iii) ; Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties to the dispute must co-operate to ensure that the disputes prevention Disputes Prevention and settlement Settlement procedures are carried out as quickly as possible; and (iv) and It is agreed between the Parties to this Agreement that normal work will continue whilst any dispute is being resolved. j) Disputes or grievances about safety issues must be isolated from industrial matters and will not be dealt with according to the procedures set out in this clause 3.12. Such safety issues are to be dealt with under clause 4.7. However, an issue on non- compliance with the processes in clause 4.7may be raised under this clause 3.12.

Dispute Prevention and Settlement Procedure. a) The Parties Bound agree to use their best endeavours to prevent industrial disputes. However, if a dispute arises then the Parties Bound 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. b) This clause (3.123.11) 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. c) While the dispute settlement procedure in this clause (3.123.11) are 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. d) For the purposes of this clause 3.123.11: (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. e) 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 the Project Manager as appropriate; (iii) If the matter remains unresolved, the Employee(s) grievance will be referred to the Company Employee Relations Manager, or their delegate for resolution, who will consult with the Project Director as appropriate. f) If still not resolved, the matter may be referred to the Fair Work Commission (FWC) for conciliation, where it may exercise its ability to make a recommendation or provide an opinion, then arbitration for resolution. The decision made by the FWC will be binding to both the Company and affected Employee(s), subject to either party exercising a right of appeal against the decision to a Full Bench of the FWC. g) The Company and any party bound to this Agreement reserve the right to be legally represented for any matter before the FWC. h) Nothing in this clause 3.12 3.11 will affect the ability of the Company to terminate an Employee pursuant to the termination Clause(s) in this Agreement. i) In order to facilitate the resolution of concerns or disputes: (i) The party with the concern or dispute must notify the other party at the earliest opportunity of the problem; (ii) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; (iii) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties to the dispute must co-operate to ensure that the disputes prevention and settlement procedures are carried out as quickly as possible; and (iv) It is agreed between the Parties to this Agreement that normal work will continue whilst any dispute is being resolved. j) Disputes or grievances about safety issues must be isolated from industrial matters and will not be dealt with according to the procedures set out in this clause 3.12. Such safety issues are to be dealt with under clause 4.74.5. However, an issue on non- compliance with the processes in clause 4.7may 4.5 may be raised under this clause 3.12.