Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety. 18.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed: (i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader. (ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable. (iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee. (iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code). 18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4). 18.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising. 18.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties 18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 17 contracts
Samples: Employee Collective Agreement, Employee Collective Agreement, Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose a) A major objective of this clause Agreement is to keep people at work and eliminate lost time and/or production arising out of disputes or grievances. Disputes over matters arising from this Agreement (or any other dispute related to maintain productivity wherever possiblethe employment relationship or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure.
b) Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. Site meetings The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure.
c) All Employees have the right to appoint a representative in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausteda dispute. It is the express priority of all Parties to attempt to settle a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entiretydispute.
18.2 d) In the event of issues any work-related grievance arising about matters arising under this Agreementbetween the Company and an Employee or Employees, work the matter shall be continued dealt with in the usual manner without bans and limitations whilst this procedure is followedfollowing manner:
(i) The matter shallshall be first submitted by the Employee/s or his/her job delegate/ Employee representative or other representative, in to the first instancesite foreperson/ supervisor or the other appropriate site representative of the Company, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leaderif not settled, to a more senior Company representative.
(ii) If Alternatively, the matter is not resolved within 24 hours, then discussion should be conducted with senior management Company may submit an issue to the Employee/s who may seek the assistance and involvement of the employee job delegate/ Employee representative or an employee representative of their choosing if applicableother representative.
(iii) If the matter is still not settledresolved, then a conference shall there may be held discussions between the employee relevant Union official (if requested by the Employee/s), or employee another representative if applicable together with of the employer's Manager or Site Manager or a duly appointed Employee, and senior Company nomineerepresentative.
(iv) If Should the matter cannot be settled by a conference between the partiesremain unresolved, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between either of the parties by conciliationor their representative shall refer the dispute at first instance to FWC for review. In acting FWC may exercise conciliation and/or arbitration powers in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code)such review.
18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7e) calendar days being allowed for stages 1 to 4).
18.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arisingbe followed in good faith without unreasonable delay.
18.5 While f) If any party fails or refuses to follow any step of this procedure the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does non-breaching party will not take place • The circumstances that existed prior to the dispute prevail • Work is be obligated to continue as normal without detriment to any through the remaining steps of the partiesprocedure and may immediately seek relief by application to FWC.
18.6 A party g) All Parties will cooperate with the requests of the FWC including requests to provide substantiating information or undertaking an independent audit of matters arising from this Agreement. For the dispute has freedom avoidance of choice doubt, an affected Employee may appoint a representative in relation to appoint or nominate another person, association or organisation to accompany or represent them during any stage such matters.
h) Clause 39.10 Dispute Resolution Procedure Training Leave of the BCGOA is expressly incorporated as a disputeterm of this Agreement.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 . In the event of issues arising about matters arising under relative to - this Agreement, or as to the performance of any work for which wage rates are prescribed, or in respect to any other matter including flexible work hours which could affect the continuity of work then all such work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative representative, if applicable applicable, together with the employerEmployer's Manager or Site Manager or a duly appointed Company Employer nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer Employer or employee, or employee or employee representative representative, may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliationconciliation and/or arbitration. In acting in the role of conciliator the The AIRC shall not propose propose, support or support arbitrate any settlement that would be inconsistent with the National Code of Practice for the Construction Industry 1997 and the Australian Government Implementation Guidelines for the National Code of Practice (in the Code).
18.3 Construction Industry, Revised September 2005, Reissued June 2006. There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 i to 4iv).
18.4 . Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employerEmployer, or the employee or employee representative, employees from making direct representations to one another, on any matter giving rise to to, or likely to give rise to to, the possibility of a dispute or grievance arising.
18.5 . While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place;
(ii) The circumstances that existed prior to the dispute prevail • prevail; and
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 4 contracts
Samples: Employee Collective Agreement, Employer Greenfield Agreement, Employee Collective Agreement
Dispute Resolution Procedure. 18.1 17.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 17.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 17.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 17.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 17.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 17.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 4 contracts
Samples: Employee Collective Agreement, Employee Collective Agreement, Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place
(ii) The circumstances that existed prior to the dispute prevail • prevail
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 3 contracts
Samples: Employee Collective Agreement, Employee Collective Agreement, Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 . In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 . There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 . Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 . While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place
(ii) The circumstances that existed prior to the dispute prevail • prevail
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 3 contracts
Samples: Collective Agreement, Employee Collective Agreement, Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose 5.1 A party to a dispute has freedom of this clause is choice to keep people at work and appoint or nominate another person, association or organisation to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is accompany or represent them during any stage of a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entiretydispute.
18.2 5.2 In the event of issues arising about matters a dispute arising under this Agreement, work shall be continued in the usual manner continue without bans and or limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with between senior management and the employee or an employee representative of their choosing if applicableemployees.
(iii) If the matter is still not settledremains unsettled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference through discussions between the parties, the employer or employee or employee representative either party may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties dispute by conciliation. In acting in the role of conciliator the , mediation or arbitration.
(v) The AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Code) and the Implementation Guidelines, reissued June 2006 (the Guidelines).
18.3 5.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) 7 calendar days being allowed for stages 1 (i) to 4(iv).
18.4 Work shall continue normally while 5.4 The purpose of this process clause is being followedto maintain the status quo by keeping Employees at work and maintaining productivity. No party shall Site meetings made in relation to dispute settlement should be prejudiced simply by seen as the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arisinglast resort and utilised when all other options and steps have been exhausted.
18.5 5.5 While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place
(ii) The circumstances that existed prior to the dispute prevail • prevail
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom 5.6 It is a condition of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage employment and a fundamental requirement of a disputethis Agreement that this clause be observed in its entirety.
Appears in 2 contracts
Samples: Employee Collective Agreement, Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 2 contracts
Samples: Employee Collective Agreement, Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 . In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative representative, if applicable applicable, together with the employercompany's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 . There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance by the earliest possible advice by one party to the other of any issue or problem which that may give rise to a grievance or dispute. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 . Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employercompany, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 . While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place
(ii) The circumstances that existed prior to the dispute prevail • prevail
(iii) Work is to continue as normal without detriment to any of the parties
18.6 parties A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 2 contracts
Samples: Employee Collective Agreement, Employee Collective Agreement
Dispute Resolution Procedure. 18.1 17.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 17.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 17.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 17.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 17.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 2 contracts
Samples: Employee Collective Agreement, Employee Collective Agreement
Dispute Resolution Procedure. 18.1 15.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. .
15.2 It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 15.3 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative representative, if applicable applicable, together with the employer's company’s Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer company or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. .
(v) In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines guidelines for the National Code of Practice (the Code).
18.3 15.4 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance by the earliest possible advice by one party to the other of any issue or problem which that may give rise to a grievance or dispute. .
15.5 Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 15.6 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. .
15.7 This procedure shall not prevent the employercompany, the employee or the employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 While 15.8 Whilst the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place
(ii) The circumstances that existed prior to the dispute prevail • prevail
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement 16.1 A major objective of this Agreement that this clause is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or the National Employment Standards should be observed dealt with in its entiretyaccordance with the following procedure.
18.2 16.2 In the event of issues any work related grievance arising about matters arising under this Agreementbetween the Company and an employee or employees, work the matter shall be continued dealt with in the usual manner without bans and limitations whilst this procedure is followedfollowing manner:
(ia) The matter shallshall be first submitted by the employee/s or their appointed representative to the site foreperson, in supervisor or the first instanceother appropriate site representative of the Company, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leaderif not settled, to a more senior Company representative.
(iib) If Alternatively, the Company may submit an issue to the employee/s who may seek the assistance and involvement of their appointed representative.
(c) Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre- dispute status quo shall prevail while the matter is not resolved within 24 hours, then discussion should be conducted being dealt with senior management and the employee or an employee representative of their choosing if applicablein accordance with this procedure.
(iiid) If the matter is still not settledresolved, then a conference shall there may be held discussions between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed employee(s) and/or their representative, and senior Company nomineerepresentative(s).
(ive) If Should the matter cannot be settled remain unresolved, either of the parties to the dispute may refer the dispute to Fair Work Commission (FWC) for resolution by conciliation and/or arbitration. Where arbitration is necessary, FWC shall have the power to do all things necessary for the just resolution or determination of the matter in dispute. This includes the exercise of procedural powers in relation to directions, hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. Any outcome determined by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC third party shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of Construction Industry, the various stages of Fair Work Act 2009, the discussions, Building and Construction Industry (with at least (7Fair and Lawful Building Sites) calendar days being allowed for stages 1 to 4).
18.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followedCode 2014 and other applicable legislation. This procedure shall be followed in good faith without unreasonable delay. If any party to a particular dispute fails or refuses to follow any step of this procedure the non breaching party will not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is be obligated to continue as normal without detriment to any through the remaining steps of the parties
18.6 A party procedure, and may immediately seek relief by application to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a disputeFWC.
Appears in 1 contract
Samples: Enterprise Agreement
Dispute Resolution Procedure. 18.1 19.1 The purpose parties to this agreement agree and commit to the quickest and most efficient resolution of any dispute that may arise between the parties under this agreement.
19.2 The parties agree that normal work output shall continue whilst the procedures set out in this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps are being implemented in the process have been exhausted. It is a condition resolution of employment and a fundamental requirement of this Agreement that this clause be observed in its entiretyany dispute.
18.2 In 19.3 These procedures will apply to the event of issues arising about matters arising under parties so that if a key employee is subject to a dispute, and other employees rely on this Agreementemployee’s presence, work then the process for resolution shall be continued modified to allow normal work to proceed in the usual manner without bans and limitations whilst this procedure is followed:
(i) ordinary course of the day. The matter shall, in the first instance, dispute will then be pursued between the employee or employees concerned and the immediate Supervisor/Team Leadermanaged outside of ordinary working hours.
(ii) If 19.4 Employees approved by the CEO to be engaged in dispute resolution outside ordinary hours shall be paid at ordinary rates for the time spent in dispute resolution proceedings.
19.5 Where the matter is not resolved within 24 hoursraised by an employee, then discussion should or a group of employees, the following steps shall be conducted with senior management and the employee or an employee representative of their choosing if applicable.observed:
(iii19.5.1 The employee(s) If concerned shall discuss the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) immediate supervisor. If the matter cannot be settled resolved at this level the supervisor shall, within 3 working days, refer the matter to a more senior officer nominated by a conference between the partiesShire and the employee(s) shall be advised accordingly.
19.5.2 The senior officer shall, if he/she is able, answer the employer matter raised within 3 working days of it being referred to him/her and, if he/she is not so able, refer the matter to the CEO for his attention, and the employee(s) shall be advised accordingly.
19.5.3 The CEO shall, as soon as practicable after considering the matter, advise the employee(s) and the nominated employee representative. Provided that such advice shall be given within 7 working days of the matter being referred to the CEO.
19.5.4 Where the person chosen by the employee to act as the representative is employed by the Shire the employee selected shall suffer no loss of wages or employee other benefit arising from his or employee representative her presence and/or representation made at any stage of the dispute settlement procedure.
19.6 Should the matter remain in dispute after the above processes have been exhausted either party may apply refer the matter to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code)resolution.
18.3 There shall be 19.7 Employees may elect to have an absolute commitment by the parties to achieve adherence elder from a shared cultural background represent them on such occasions at no cost to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4)Shire.
18.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Enterprise Bargaining Agreement
Dispute Resolution Procedure. 18.1 i. The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as provision are the last resort and will only be utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 ii. In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(ia) The matter shall, in the first instance, be pursued between the employee Employee or employees Employees concerned and the immediate Supervisorsupervisor/Team Leaderteam leader.
(iib) If the matter is not resolved within 24 hours, then discussion should would be conducted with senior management and the employee or an employee representative of their choosing if applicableEmployee.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussionsdiscussion, (with at least (7) seven calendar days being allowed for stages 1 to 4sub clauses 18.2 (i).
18.4 iv. Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employerEmployer, the employee Employee or employee Employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 v. While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial :
a) industrial action does not take place • The place
b) the circumstances that existed prior to the dispute prevail • Work c) work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 18.1 In the event of issues arising about matters arising under relative to this AgreementWorkplace Agreement or as to the performance of any work for which wage rates are prescribed, or in respect to any other matter including flexible work hours which could affect the continuity of work, such work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 18.2 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 18.3 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 18.4 While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place
(ii) The circumstances that existed prior to the dispute prevail • prevail
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 . In the event of issues arising about matters arising under relative to - this Agreement, or as to the performance of any work for which wage rates are prescribed, or in respect to any other matter including flexible work hours which could affect the continuity of work then all such work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative representative, if applicable applicable, together with the employerEmployer's Manager or Site Manager or a duly appointed Company Employer nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer Employer or employee, or employee or employee representative representative, may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliationconciliation and/or arbitration. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 i to 4iv).
18.4 . Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employerEmployer, or the employee or employee representative, employees from making direct representations to one another, on any matter giving rise to to, or likely to give rise to to, the possibility of a dispute or grievance arising.
18.5 . While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place;
(ii) The circumstances that existed prior to the dispute prevail • prevail; and
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose 15.1 A party to a dispute has freedom of this clause is choice to keep people at work and appoint or nominate another person, association or organisation to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is accompany or represent them during any stage of a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entiretydispute.
18.2 15.2 In the event of issues arising about matters disputation arising under this Agreement, work shall be continued in the usual manner continue without bans and or limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with between senior management and the employee or an employee representative of their choosing if applicableemployees.
(iii) If the matter is still not settledremains unsettled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference through discussions between the parties, the employer or employee or employee representative either party may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties dispute by conciliation. In acting in the role of conciliator the , mediation or arbitration.
(v) The AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Code) and the Implementation Guidelines, reissued June 2006 (the Guidelines).
18.3 15.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) 7 calendar days being allowed for stages 1 i to 4)iv.
18.4 Work shall continue normally while 15.4 The purpose of this process clause is being followedto maintain the status quo by keeping Employees at work and maintaining productivity. No party shall Site meetings made in relation to dispute settlement should be prejudiced simply by seen as the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arisinglast resort and utilised when all other options and steps have been exhausted.
18.5 15.5 While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place
(ii) The circumstances that existed prior to the dispute prevail • prevail
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom 15.6 It is a condition of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage employment and a fundamental requirement of a disputethis Agreement that this clause be observed in its entirety.
APPENDIX 1 Employee Rates of Pay and Allowances (Excepting Plant Operators)
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 20.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 20.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 20.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 20.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 20.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 20.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 . In the event of issues arising about matters arising under relative to this Agreement, or as to the performance of any work for which wage rates are prescribed, or in respect to any other matter including flexible work hours which could affect the continuity of work then all such work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative representative, if applicable applicable, together with the employerEmployer's Manager or Site Manager or a duly appointed Company Employer nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer Employer or employee, or employee or employee representative representative, may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliationconciliation and/or arbitration. In acting in the role of conciliator the The AIRC shall not propose propose, support or support arbitrate any settlement that would be inconsistent with the National Code of Practice for the Construction Industry 1997 and the Australian Government Implementation Guidelines for the National Code of Practice (in the Code).
18.3 Construction Industry, Revised September 2005, Reissued June 2006. There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 i to 4iv).
18.4 . Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employerEmployer, or the employee or employee representative, employees from making direct representations to one another, on any matter giving rise to to, or likely to give rise to to, the possibility of a dispute or grievance arising.
18.5 . While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place;
(ii) The circumstances that existed prior to the dispute prevail • prevail; and
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Union Greenfield Agreement
Dispute Resolution Procedure. 18.1 34.1. The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 34.2. In the event of issues arising about matters arising under relative to this AgreementWorkplace Agreement or as to the performance of any work for which wage rates are prescribed, or in respect to any other matter including flexible work hours which could affect the continuity of work, such work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 34.3. There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 34.4. Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 34.5. While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place
(ii) The circumstances that existed prior to the dispute prevail • prevail
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose Subject to the provisions of this clause is to keep people the Workplace Relations Act 1996, any grievance or dispute which may arise at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should a Company establishment shall be seen as the last resort and only utilised when all other options and steps dealt with in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followedfollowing manner:
(i) The Should any matter shallarise which gives concern to an employee, in the first instance, matter shall be pursued between raised by the employee or employees concerned and with the employee's immediate Supervisor/Team Leadersupervisor.
(ii) If the matter is not resolved within 24 hourssatisfactorily resolved, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicableshall request the supervisor to raise the matter with more senior management.
(iii) If the matter is still not settled, then a conference shall be held between satisfactorily resolved the employee or shall raise the matter with the appropriate in house employee representative if applicable together with who shall bring it to the employerattention of the employee's Manager or Site Manager or a duly appointed Department Head, who may choose to involve other Company nomineerepresentation (including the Managing Director).
(iv) If the matter cannot remains unresolved, it may be settled by a conference between the parties, the employer or employee or employee representative may apply notified to the Australian Industrial Relations Commission for assistance in resolving the matter by way of mediation and, if required, arbitration.
(AIRCv) in an endeavour to resolve the issue between Whilst these processes are being followed the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 There shall be an absolute commitment by committed to avoid stoppages of work, lockouts or other bans or limitations on the parties to achieve adherence to performance of work and the above procedure. This Company shall be facilitated in ensure that all practices applied during the first instance 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. Reasonable time limits shall be allowed for the completion operation of the various stages of procedure are in accordance with safe working practices and consistent with established custom and practice at the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 enterprise. Work shall continue normally while as normal throughout the observance of this process is being followed. procedure.
(vi) No party shall be prejudiced simply as to final settlement by the fact that continuance of work continued whilst the above process was being followed. This procedure in accordance with this Agreement.
(vii) A reasonable period of time shall not prevent the employer, be allowed for discussions at each level of authority.
(viii) Where the employee or employee representative, from making direct representations representative is involved he/she shall be allowed the necessary time during working hours to one another, on any matter giving rise to or likely to give rise to interview the possibility of a dispute or grievance arising.
18.5 While employee(s) and the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.supervisor. *
Appears in 1 contract
Samples: Enterprise Agreement
Dispute Resolution Procedure. 18.1 The purpose 13.1 A party to a dispute has freedom of this clause is choice to keep people at work and appoint or nominate another person, association or organisation to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is accompany or represent them during any stage of a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entiretydispute.
18.2 13.2 In the event of issues arising about matters disputation arising under this Agreement, work shall be continued in the usual manner continue without bans and or limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with between senior management and the employee or an employee representative of their choosing if applicableemployees.
(iii) If the matter is still not settledremains unsettled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference through discussions between the parties, the employer or employee or employee representative either party may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties dispute by conciliation. In acting in the role of conciliator the , mediation or arbitration.
(v) The AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Code) and the Implementation Guidelines, reissued June 2006 (the Guidelines).
18.3 13.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) 7 calendar days being allowed for stages 1 i to 4)iv.
18.4 Work shall continue normally while 13.4 The purpose of this process clause is being followedto maintain the status quo by keeping Employees at work and maintaining productivity. No party shall Site meetings made in relation to dispute settlement should be prejudiced simply by seen as the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arisinglast resort and utilised when all other options and steps have been exhausted.
18.5 13.5 While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place
(ii) The circumstances that existed prior to the dispute prevail • prevail
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom 13.6 It is a condition of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage employment and a fundamental requirement of a disputethis Agreement that this clause be observed in its entirety.
APPENDIX 1 Employee Rates of Pay and Allowances
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 i. The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as provision are the last resort and will only be utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 ii. In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(ia) The matter shall, in the first instance, be pursued between the employee Employee or employees Employees concerned and the immediate Supervisorsupervisor/Team Leaderteam leader.
(iib) If the matter is not resolved within 24 hours, then discussion should would be conducted with senior management and the employee or an employee representative of their choosing if applicableEmployee.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussionsdiscussion, (with at least (7) seven calendar days being allowed for stages 1 to 4sub clauses 18.2 (i).
18.4 iv. Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employerEmployer, the employee Employee or employee Employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 v. While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial :
a) industrial action does not take place • The place
b) the circumstances that existed prior to the dispute prevail • Work prevail
c) work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 . In the event of issues arising about matters arising under relative to this AgreementWorkplace Agreement or as to the performance of any work for which wage rates are prescribed, or in respect to any other matter including flexible work hours which could affect the continuity of work, such work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation, and if this process is unsuccessful, by way of an arbitrated decision made by a duly appointed Commissioner of the AIRC. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 . Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 . While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place
(ii) The circumstances that existed prior to the dispute prevail • prevail
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of this clause is This Dispute Resolution Procedure will apply to keep people at work disputes between the Company and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 In the event of issues arising Employees about matters arising under this Agreement. The purpose of the Dispute Resolution Procedure is to reduce disputes and to promote efficiency, effectiveness and equity in the workplace. It is also to provide the management of the Company with a system to resolve Employee grievances in a fair, accountable, timely and consistent manner through consultation, co-operation and discussion. The Employer and Employees agree that there shall be no industrial action during the life of this Agreement and that work shall be continued continue without disruption during the life of this Agreement. The Employer and Employees agree that during the time when the parties to this Agreement attempt to resolve the matter the parties to this Agreement will continue to work in the usual manner without bans accordance with their contract of employment and limitations whilst this procedure is followed:Agreement.
48.1 Stage One
(ia) It is encouraged that if the Employee feels they can that they attempt to resolve the issue with the person concerned directly. The matter shall, in person may not be aware that their behaviour or the first instance, be pursued between the employee or employees concerned issue caused a problem and the immediate Supervisor/Team Leadermatter can be resolved with minimal involvement.
(iib) Otherwise, any grievance or dispute arising under this Agreement shall be settled directly between the Employee and the Employee’s immediate Supervisor. If the grievance cannot be resolved to the Employee’s satisfaction, the Employee may provide to the Employer the details of his or her grievance in writing.
(c) The Employee and his or her immediate Supervisor shall meet as soon as is reasonably practicable to discuss the Employee’s issue(s) of concern/grievance(s). The Employee and his or her supervisor may have a representative present. A formal record of the discussion between the Employee and his or her immediate supervisor shall be taken.
(d) If the matter is not resolved within 24 hoursgrievance involves allegations against the Employee’s immediate Supervisor, then discussion should be conducted with senior the Employee may report the allegations to the next level of management and beyond that of the employee or an employee representative of their choosing if applicableSupervisor concerned.
(iiie) A copy of the written grievance and record of discussion shall be provided to Human Resources in order to co-ordinate parties towards a resolution of the grievance.
48.2 Stage Two If the issue(s) or grievance(s) cannot be resolved, it shall be discussed between the Employee and his or her relevant Departmental Manager. The Employee and his or her Departmental Manager may have a representative present. A record of the discussion between the Employee and his or her relevant Manager shall be taken and forwarded to Human Resources. The Employee may consult with Human Resources, in lieu of Stages One and/or Two of this procedure, if so desired.
48.3 Stage Three In the event that the matter is still not able to be resolved, the Employee may discuss the matter with the Manufacturing Manager and/or the Group Human Resources Manager. The Employee and the Manufacturing Manager and/or Group Human Resources Manager may have a representative present.
48.4 Stage Four If the matter is still not settled, then a conference shall unable to be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the partiesresolved, the employer parties to this Agreement may agree to refer the issue or employee or employee representative grievance to a mutually agreed independent mediator for resolution. In the alternative, a matter with respect to this Agreement may apply be referred to the Australian Industrial Relations Commission (AIRC) in an endeavour Commission, which is empowered to resolve the issue between the parties by disputes through conciliation. In acting It is acknowledged that the Employee and the Company may be represented. The Employer and Employees will participate in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code)conciliation in good faith.
18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 16.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 16.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 16.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 16.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 16.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 16.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 17.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 17.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager / Supervisor or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 17.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 17.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 17.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 17.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 . In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee Employee or employees Employees concerned and the immediate Supervisor/Team Leaderleader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee Employee or an employee Employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative Employee representative, if applicable applicable, together with the employer's Company’s Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer Company or employee or employee Employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. .
(v) In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 . There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance by the earliest possible advice by one party to the other of any issue or problem which that may give rise to a grievance or dispute. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 . Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. : This procedure shall not prevent the employerCompany, the employee Employee or employee Employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 . While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place
(ii) The circumstances that existed prior to the dispute prevail • prevail
(iii) Work is to continue as normal without detriment to any of the parties
18.6 parties A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation of their choice to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 . In the event of issues arising about matters arising under relative to this Agreement, or as to the performance of any work for which wage rates are prescribed, or in respect to any other matter including flexible work hours which could affect the continuity of work then all such work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative representative, if applicable applicable, together with the employerEmployer's Manager or Site Manager or a duly appointed Company Employer nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer Employer or employee, or employee or employee representative representative, may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliationand/or arbitration. In acting in the role of conciliator the The AIRC shall not propose propose, support or support arbitrate any settlement that would be inconsistent with the National Code of Practice for the Construction Industry 1997 and the Australian Government Implementation Guidelines for the National Code of Practice (in the Code).
18.3 Construction Industry, Revised September 2005, Reissued June 2006. There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 i to 4iv).
18.4 . Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employerEmployer, or the employee or employee representative, employees from making direct representations to one another, on any matter giving rise to to, or likely to give rise to to, the possibility of a dispute or grievance arising.
18.5 . While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place;
(ii) The circumstances that existed prior to the dispute prevail • prevail; and
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Union Greenfield Agreement
Dispute Resolution Procedure. 18.1 19.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 19.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 19.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 19.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 19.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose of 15.1 If a dispute relates to:
(a) a matter arising under the agreement; or
(b) the NES; this clause is term sets out procedures to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as settle the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entiretydispute.
18.2 15.2 A party to a dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
15.3 In the event of issues arising about matters disputation arising under this Agreement, work shall be continued in the usual manner continue without bans and or limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with between senior management and the employee or an employee representative of their choosing if applicableemployees.
(iii) If the matter is still not settledremains unsettled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference through discussions between the parties, the employer or employee or employee representative either party may apply to the Australian Industrial Relations Fair Work Commission (AIRCFWC) in an endeavour to resolve the issue between the parties dispute by conciliation. In acting in the role of conciliator the AIRC shall not propose , mediation or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code)arbitration.
18.3 15.4 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) 7 calendar days being allowed for stages 1 i to 4)iv.
18.4 Work shall continue normally while 15.5 The purpose of this process clause is being followedto maintain the status quo by keeping Employees at work and maintaining productivity. No party shall Site meetings made in relation to dispute settlement should be prejudiced simply by seen as the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arisinglast resort and utilised when all other options and steps have been exhausted.
18.5 15.6 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom 15.7 It is a condition of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage employment and a fundamental requirement of a disputethis Agreement that this clause be observed in its entirety.
Appears in 1 contract
Samples: Enterprise Agreement
Dispute Resolution Procedure. 18.1 16.1 The purpose of this clause Clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause Clause be observed in its entirety.
18.2 16.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee Employee or employees Employees concerned and the immediate Supervisorsupervisor/Team Leaderteam leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee Employee or an employee Employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee Employee or employee representative Employee’s representative, if applicable applicable, together with the employer's Manager Employer’s manager or Site Manager site manager or a duly appointed Company Xxxxxxxx’s nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer Employer, Employee or employee or employee Employee representative may apply to the Australian Industrial Relations Commission (AIRC) XXXX in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC Commission shall not propose or support any settlement that would be inconsistent with the National Code of Practice for the Construction Industry and the Australian Government Implementation Guidelines for the National Code of Practice (the Code)Practice.
18.3 16.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) seven calendar days being allowed for stages 1 sub Clauses 16.2(i) to 4(iv)).
18.4 16.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employerEmployer, the employee Employee or employee Employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 16.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial :
(i) industrial action does not take place • The place
(ii) the circumstances that existed prior to the dispute prevail • Work prevail
(iii) work is to continue as normal without detriment to any of the parties.
18.6 16.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
16.7 Nothing in this clause shall operate to restrict either party’s ability to terminate an Employee’s employment in accordance with this Agreement or as provided for under the Workplace Relations Act 1996.
Appears in 1 contract
Samples: Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose 32.1 All disputes and differences arising out of or in connection with this Agreement and any Contract, (a Dispute) shall be resolved pursuant to the terms of this clause is to keep people at work Clause 32. In this Clause 32, Mediation means mediation carried out under Clause 32.7, and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entiretyAction shall mean Court proceedings.
18.2 In 32.2 The parties shall each use reasonable commercial endeavours to resolve any Dispute by means of prompt, bona fide discussion between the event of issues arising about matters arising Agreement Representatives appointed under this Agreementclause 20 above. If either party, work acting reasonably, considers that discussions between the Agreement Representatives are not resolving or are unlikely to resolve the Dispute it shall be continued in entitled to escalate the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shallDispute by referring it to, in the first instancecase of ITC the Chief Operations Officer and, be pursued in the case of the Customer, a Director (the Senior Executives).
32.3 The parties shall each use reasonable commercial endeavours to resolve any Dispute which is referred to the Senior Executives by means of prompt, bona fide discussion between the employee or employees concerned and the immediate Supervisor/Team LeaderSenior Executives.
32.4 It shall be a condition precedent to the commencement of Mediation or an Action (iiunless and to the extent that Clause 32.11 applies) If that the matter is not resolved within 24 hoursdiscussion described in Clauses 32.2 and 32.3 shall have occurred. Further, then discussion should whilst discussions under Xxxxxxx 32.2 and 32.3 are continuing, and unless either party notifies the other in writing that it wishes to abandon informal, internal methods for resolving the Dispute or Clause 32.11 applies, neither party shall refer the Dispute concerned to Mediation.
32.5 It shall be a condition precedent to the commencement of any Action that the parties shall first have referred their Dispute, subject to Clause 32.11, to Mediation.
32.6 Mediation shall be commenced by either party serving on the other written notice to mediate (a Notice to Mediate) which notice shall set out in summary form the issues in the Dispute.
32.7 Mediation shall be conducted using a sole mediator (the Neutral) (such expression not to exclude the presence of a pupil mediator) in or substantially in accordance with senior management and CEDR's Model Mediation Procedure (the employee or an employee representative of their choosing if applicable.
(iiiMMP) If for the matter is still not settled, then a conference time being in use. The Neutral shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference CEDR registered mediator agreed between the parties, or in default of agreement within ten Business Days of the employer date of Notice to Mediate, appointed by CEDR.
32.8 The parties agree to co-operate fully, promptly and in good faith with CEDR and the Neutral in the performance of their obligations under this Clause 32 including the doing of all such acts and the signing of such mediation agreement and all such documents as CEDR or employee the Neutral may reasonably require to give effect hereto. Any breach or employee representative may apply default by either party of this Clause shall forthwith release the other party from further compliance with this Clause and the Mediation shall be deemed to be abandoned. The obligations of the parties pursuant to any mediation agreement signed between them and under the MMP shall continue save for all obligations to attend at and participate in the mediation process.
32.9 Unless agreed otherwise in any Mediation, each party shall bear its own costs of such Mediation.
32.10 If and to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between extent that the parties by conciliation. In acting in the role of conciliator the AIRC shall do not propose resolve any Dispute or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for therein following the completion application of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 Work shall continue normally while this process is being followed. No Clause 32 either party shall be prejudiced simply by at liberty to issue and serve a claim form in respect of an Action relating to the fact that work continued whilst Dispute.
32.11 Mediation and the above process was being followed. This procedure referred to in Clause 32.2 shall not prevent be a condition precedent to an Action in relation to any Dispute:
32.11.1 which under the employerterms of this Agreement or any rule of law, the employee parties must refer to any court or employee representativearbitral or other tribunal: or
32.11.2 in which either party requires either:
(a) an order or award (whether interim or final) restraining the other party from doing any act or compelling the other party to do any act; or
(b) a judgment for a liquidated sum to which there is no arguable defence provided that, from making direct representations to one anotherin any Action commenced in reliance upon this Clause 32.11.2(b)(ii), on any matter giving rise to or likely to give rise it shall be a condition precedent to the possibility taking of a dispute or grievance arisingany step in the Action that the defendant should have permission to defend the Action.
18.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior 32.12 Subject to the dispute prevail • Work is to provisions of this Agreement enabling termination of any Contract, performance of such Contract shall continue as normal without detriment to during discussions, Mediation, or any of the parties
18.6 A party Action pursuant to the dispute has freedom foregoing provisions of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a disputethis Clause 32.
Appears in 1 contract
Samples: Master Services Agreement
Dispute Resolution Procedure. 18.1 15.1 The purpose of this clause is to keep people at work and to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 15.2 In the event of issues arising about matters arising under this Agreement, work shall be continued in the usual manner without bans and limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliation. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 15.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 15.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 15.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 15.6 A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose 13.1 A party to a dispute has freedom of this clause is choice to keep people at work and appoint or nominate another person, association or organisation to maintain productivity wherever possible. Site meetings in relation to dispute settlement provisions should be seen as the last resort and only utilised when all other options and steps in the process have been exhausted. It is accompany or represent them during any stage of a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entiretydispute.
18.2 13.2 In the event of issues arising about matters disputation arising under this Agreement, work shall be continued in the usual manner continue without bans and or limitations whilst this procedure is followed:
(i) The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with between senior management and the employee or an employee representative of their choosing if applicableemployees.
(iii) If the matter is still not settledremains unsettled, then a conference shall be held between the employee or employee representative if applicable together with the employerCompany's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference through discussions between the parties, the employer or employee or employee representative either party may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties dispute by conciliation. In acting in the role of conciliator the , mediation or arbitration.
(v) The AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Code) and the Implementation Guidelines, reissued June 2006 (the Guidelines).
18.3 13.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) 7 calendar days being allowed for stages 1 (i) to 4(iv).
18.4 Work shall continue normally while 13.4 The purpose of this process clause is being followedto maintain the status quo by keeping Employees at work and maintaining productivity. No party shall Site meetings made in relation to dispute settlement should be prejudiced simply by seen as the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arisinglast resort and utilised when all other options and steps have been exhausted.
18.5 13.5 While the dispute settlement procedures are being followed the parties are to ensure that: • :
(i) Industrial action does not take place • place
(ii) The circumstances that existed prior to the dispute prevail • prevail
(iii) Work is to continue as normal without detriment to any of the parties
18.6 A party to the dispute has freedom 13.6 It is a condition of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage employment and a fundamental requirement of a dispute.this Agreement that this clause be observed in its entirety. APPENDIX 1 – Employee Rates of Pay – Quarry Workers APPENDIX 2 – Allowances and Other Rates – Quarry Workers Description of Allowance Amount APPENDIX 3 – Classification Structure – Quarry Workers Quarry Worker Level 1 (Trainee)
Appears in 1 contract
Samples: Employee Collective Agreement
Dispute Resolution Procedure. 18.1 The purpose i) Disputes over any work related or employment related or any matter arising out of the operation of this clause is agreement should be dealt with as close to keep people at work and to maintain productivity wherever its source as possible. Site meetings Disputes over matters arising from this agreement shall be dealt with according to the following procedure. • The matter shall be first submitted by the employee to the Company director/directors or • Alternatively, the Company may submit an issue to the employee/employees. • Work shall continue without interruption from stoppages and/or limitations while these procedures are being followed. The pre-dispute status quo shall prevail while the matter is being dealt with in relation accordance with this procedure. • The submitted dispute must be addressed and a response in writing provided by the relevant party no later than 5 days following the date of issue. • In the event that the response is deemed unsatisfactory or inappropriate then the parties shall meet formally and attempt to achieve an agreeable outcome. • If the dispute settlement provisions remains unresolved then the parties shall seek the advice of an independent mediator. The appointment of the mediator shall be agreed by both parties and should be seen in keeping with the nature of the dispute with the decision of the mediator becoming immediately binding upon both parties. Suggested mediators shall be as the last resort and only utilised when all other options and steps in the process have been exhausted. It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety.
18.2 follows: • In the event of issues arising about matters arising under this Agreement, work shall be continued in Occupational Health and Safety - Victorian Workcover Authority. • In the usual manner without bans and limitations whilst this procedure is followed:
(i) event of wages or entitlements – The matter shall, in the first instance, be pursued between the employee or employees concerned and the immediate Supervisor/Team Leader.
(ii) If the matter is not resolved within 24 hours, then discussion should be conducted with senior management and the employee or an employee representative Office of their choosing if applicable.
(iii) If the matter is still not settled, then a conference shall be held between the employee or employee representative if applicable together with the employer's Manager or Site Manager or a duly appointed Company nominee.
(iv) If the matter cannot be settled by a conference between the parties, the employer or employee or employee representative may apply to the Australian Industrial Relations Commission (AIRC) in an endeavour to resolve the issue between the parties by conciliationWorkplace Services. In acting in the role of conciliator the AIRC shall not propose or support any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code).
18.3 There shall be an absolute commitment by the parties to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. Reasonable time limits shall be allowed for the completion of the various stages of the discussions, (with at least (7) calendar days being allowed for stages 1 to 4).
18.4 Work shall continue normally while this process is being followed. No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. This procedure shall not prevent the employer, the employee or employee representative, from making direct representations to one another, on any matter giving rise to or likely to give rise to the possibility of a dispute or grievance arising.
18.5 While the dispute settlement procedures are being followed the parties are to ensure that: • Industrial action does not take place • The circumstances that existed prior to the dispute prevail • Work is to continue as normal without detriment to any of the parties
18.6 ABCC A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation organization to accompany or represent them during any stage of a dispute. Any outcome determined by a third party shall not be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Workplace Relations Act 1996 or the Building and Construction Industry Improvement Act 2005.
Appears in 1 contract
Samples: Collective Agreement
