Common use of Dispute Resolution Procedures Clause in Contracts

Dispute Resolution Procedures. 4.1 TAFE NSW and its Employees have an interest in the proper application of this Agreement and in minimising and settling disputes about matters in this Agreement in a timely manner. 4.2 Where a dispute arises in relation to: 4.2.1 a matter under this Agreement; or 4.2.2 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause. 4.3 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee who is a member of the Union under these procedures. 4.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter to another officer. 4.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement or the National Employment Standard in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 Where after the completion of subclause 4.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed. 4.7 Where a dispute is not resolved following the steps in sub-clauses 4.5 and 4.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009. 4.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench. 4.10 Until the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 work shall continue in the normal manner; 4.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute.

Dispute Resolution Procedures. 4.1 The TAFE NSW Commission and its Employees have an interest in the proper application of this Agreement Schedule and in minimising and settling disputes about matters in this Agreement Schedule in a timely manner. 4.2 Where a dispute arises in relation to: 4.2.1 a matter under this AgreementSchedule; or 4.2.2 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause. 4.3 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee employee who is a member of the Union under these procedures. 4.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter to another officer. 4.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement Schedule or the National Employment Standard in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 Where after the completion of subclause 4.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed. 4.7 Where a dispute is not resolved following the steps in sub-clauses 4.5 and 4.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009. 4.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench. 4.10 Until the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 work shall continue in the normal manner; 4.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute.

Dispute Resolution Procedures. 4.1 6.1 The TAFE NSW Commission and its Employees have an interest in the proper application of this Agreement and in minimising and settling disputes about matters in this Agreement in a timely manner. 4.2 6.2 Where a dispute arises in relation to: 4.2.1 6.2.1 a matter under this Agreement; or 4.2.2 6.2.2 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause. 4.3 6.3 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee who is a member of the Union under these procedures. 4.4 6.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager People and Safety Business Partner to refer the matter to another officer. 4.5 6.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement or the National Employment Standard Standard(s) in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources ManagerPeople and Safety Business Partner. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 6.6 Where after the completion of subclause 4.5 6.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed. 4.7 6.7 Where a dispute is not resolved following the steps in sub-clauses 4.5 6.5 and 4.66.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 6.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009Act. 4.9 6.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench. 4.10 6.10 Until the dispute resolution procedures referred to at subclauses 4.1 6.1 to 4.9 6.9 have been exhausted: 4.10.1 6.10.1 work shall continue in the normal manner; 4.10.2 6.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 6.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute.

Dispute Resolution Procedures. 4.1 5.1 The TAFE NSW Commission and its Employees have an interest in the proper application of this Agreement and in minimising and settling disputes about matters in this Agreement in a timely manner. 4.2 5.2 Where a dispute arises in relation to: 4.2.1 5.2.1 a matter under this Agreement; or 4.2.2 5.2.2 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause. 4.3 5.3 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee who is a member of the Union under these procedures. 4.4 5.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter to another officer. 4.5 5.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement or the National Employment Standard in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 5.6 Where after the completion of subclause 4.5 5.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed. 4.7 5.7 Where a dispute is not resolved following the steps in sub-clauses 4.5 5.5 and 4.65.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 5.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009Act. 4.9 5.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench. 4.10 5.10 Until the dispute resolution procedures referred to at subclauses 4.1 5.1 to 4.9 5.9 have been exhausted: 4.10.1 5.10.1 work shall continue in the normal manner; 4.10.2 5.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 5.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute.

Dispute Resolution Procedures. ‌ 4.1 The TAFE NSW Commission and its Employees have an interest in the proper application of this Agreement and in minimising and settling disputes about matters in this Agreement in a timely manner.manner.‌ 4.2 Where a dispute arises in relation to: 4.2.1 a matter under this Agreement; or 4.2.2 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause. 4.3 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee who is a member of the Union under these procedures. 4.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter to another officer. 4.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement or the National Employment Standard in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute.dispute.‌ 4.6 Where after the completion of subclause 4.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed.agreed.‌ 4.7 Where a dispute is not resolved following the steps in sub-clauses 4.5 and 4.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009Act. 4.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench.Bench.‌ 4.10 Until the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 work shall continue in the normal manner; 4.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute.

Dispute Resolution Procedures. ‌ 4.1 The TAFE NSW Commission and its Employees have an interest in the proper application of this Agreement and in minimising and settling disputes about matters in this Agreement in a timely manner. 4.2 Where a dispute arises in relation to: 4.2.1 a matter under this Agreement; or 4.2.2 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause. 4.3 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee employee who is a member of the Union under these procedures. 4.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter to another officer. 4.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement or the National Employment Standard in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 Where after the completion of subclause 4.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed. 4.7 Where a dispute is not resolved following the steps in sub-clauses 4.5 and 4.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009Act. 4.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench. 4.10 Until the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 work shall continue in the normal manner; 4.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute.

Dispute Resolution Procedures. 4.1 TAFE NSW and its Employees have an interest in (a) The following dispute resolution procedure must be followed to settle a dispute about the proper interpretation, application or operation of any provision of this Agreement and in minimising and settling disputes about matters in this Agreement in a timely manner. 4.2 Where a dispute arises or in relation to: 4.2.1 a matter under this Agreement; or 4.2.2 to the National Employment Standards; it will be dealt with in accordance with the procedures set out Standard. (b) A reference to an employee in this clauseclause may include more than one (1) employee. 4.3 (c) An Employer employee, or the Union or Employee may appoint another personRepresentative acting on their behalf, organisation or association to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee who is a member of the Union under these procedures. 4.4 In will in the first instance Employee(s) or notify their appointed representative(s)supervisor, must notify the appropriate representative of management in writing, of the dispute in writing (‘“the dispute notification’”). An appropriate representative of management may be the relevant line manager or if the Employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter to another officer. 4.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of and the Agreement or resolution sought by the National Employment Standard in relation to which the dispute has arisen and indicate the resolution(s) soughtemployee. A copy of the dispute notification will must be sent provided to the Human Resources Manager, Industrial Relations. The Employee(s)Unless otherwise agreed in writing, Employee representative(s) if one has been appointedthe employee, and management representative(s) the Union or Employee Representative acting on their behalf, and the employee’s supervisor will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 Where after the completion of subclause 4.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five (5) working days of the dispute being referred in a further effort notification to try to resolve the dispute. Where a significant number of employees are party to the same dispute, unless otherwise agreeda subgroup of the employees, and the Union or Employee Representative acting on their behalf, will meet with the supervisor. 4.7 (d) Where a dispute is not resolved following the steps procedure in sub-clauses 4.5 subclause 10.0(c) and 4.6the employee wishes to proceed with the dispute, the matter employee, or the Union or Employee Representative acting on their behalf, must refer the dispute, in writing, to the relevant Faculty Xxxx or Divisional Head (“the referral notification”) within five (5) working days of the holding of the meeting referred to in subclause 10.0(c) above. The referral notification must include details of the dispute and the resolution sought by the employee. A copy of the dispute referral notification must be provided to the Manager, Industrial Relations. The employee, and/or the Union or Employee Representative acting on their behalf, and the relevant Faculty Xxxx or Divisional Head will meet within five (5) working days of the referral notification to try to resolve the dispute, unless otherwise agreed in writing. (e) Where a dispute is not resolved following the procedures in subclauses 10.0(c) and 10.0(d) above, the dispute may be referred by either party the employee, or the Union or Employee Representative acting on their behalf, or the University to the dispute to the Fair Work Commission Australia (FWA) for resolution by mediation and/or conciliation, or where mediation or conciliation anddoes not resolve the dispute, if necessary by arbitration. 4.8 (f) If the Fair Work Commission arbitrates the disputean application for arbitration is made, it FWA may also use the exercise any of its powers that are available to it under the Fair Work Act 2009. 4.9 Act. The parties agree to be bound by and implement any decision of FWA will be implemented by the Fair Work Commission parties, subject to either party exercising a right of appeal against the a decision of the Fair Work Commission to the Full BenchFWA. 4.10 Until (g) Subject to subclause 10.0(h) below, while the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 10(c) and 10(d) are being conducted. the University will not change work, duties, staffing or organisation of work shall continue in the normal manner; 4.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that which is the subject of the dispute;. 4.10.3 (h) Subclause 10.0(g) above does not apply where the parties matter in dispute is related to the dispute shall not take any other action likely to exacerbate the dispute.clauses

Dispute Resolution Procedures. 4.1 TAFE NSW (a) In relation to any matter that may be in dispute between the parties to this Agreement, the following procedure will be followed by the parties: (i) The employee(s) concerned shall discuss the matter with the immediate supervisor. If the matter cannot be resolved at this level the supervisor shall, within two working days (excluding weekends and public holidays) refer the matter in writing to a more senior officer nominated by the employer and the employee (s) shall be advised accordingly in writing. (ii) The senior officer shall, if able, answer the matter raised within five days of it being referred and if the senior officer is not so able, refer the matter to the employer for his/her attention, and the employees shall be advised accordingly. (iii) The employer shall as soon as practicable after considering the matter before it, advise the employee(s) of its Employees decision. Provided that such advice shall be given within seven working days of the matter being referred to the employer. (iv) Should the matter remain in dispute after the above processes have an interest been exhausted either party may refer the matter to the AIRC for conciliation and if necessary arbitration. If arbitration is required to resolve the dispute, the decision of the Commission shall be final and binding on all parties. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. (v) The employer and employee(s) involved in the proper application of this Agreement and in minimising and settling disputes about matters in this Agreement in a timely manner. 4.2 Where a dispute arises in relation to: 4.2.1 a matter under this Agreement; or 4.2.2 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause. 4.3 An Employer or Employee may choose to appoint another person, organisation or association to accompany and/or or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee who is a member of the Union under these procedures. 4.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter to another officer. 4.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement or the National Employment Standard at any meetings they attend in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 Where after the completion of subclause 4.5 the (b) Any dispute remains unresolved, the matter may be referred in writing to the next level Australian Industrial Relations Commission under the clause should be dealt with by a member agreed by the parties at the time or, in default of management. A meeting must be held within five working days agreement, a member nominated by either the head of the dispute being referred in a further effort to resolve relevant panel or the dispute, unless otherwise agreedPresident. 4.7 Where a dispute is not resolved following the steps in sub-clauses 4.5 and 4.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009. 4.9 (c) The parties agree to be bound by and implement any decision of the Fair Work Commission member will bind the parties, subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the a Full Bench. 4.10 Until (d) The status quo (i.e. the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 work shall continue in the normal manner; 4.10.2 no industrial action shall be taken by a party condition applying prior to the dispute issue arising) will remain until the processes specified in respect of accordance with the matter that is the subject of the dispute;procedure outlined above are completed. 4.10.3 (e) Nothing in this procedure shall preclude the parties reaching agreement to shorten or extend the dispute shall not take any other action likely to exacerbate the disputeperiod specified above.

Dispute Resolution Procedures. 4.1 The TAFE NSW Commission and its Employees have an interest in the proper application of this Agreement Schedule and in minimising and settling disputes about matters in this Agreement Schedule in a timely manner. 4.2 Where a dispute arises in relation to: 4.2.1 a matter under this AgreementSchedule; or 4.2.2 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause. 4.3 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee employee who is a member of the Union under these procedures. 4.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter to another officer. 4.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement Schedule or the National Employment Standard in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 Where after the completion of subclause 4.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed. 4.7 Where a dispute is not resolved following the steps in sub-clauses 4.5 and 4.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009Act. 4.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench. 4.10 Until the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 work shall continue in the normal manner; 4.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute.

Dispute Resolution Procedures. 4.1 TAFE NSW 30.1 The following procedures shall be observed for handling grievances and its Employees settling of disputes. (a) In the first instance, the employee shall discuss matters with their Process Owner. (b) If the matter is not resolved, the accredited Union Delegate shall discuss matters affecting the employee they represent with the Process Owner of the employee. (c) If the matter is not resolved at this level, the accredited Union Delegate shall ask for it to be referred to the Plant Manger, and the Process Owner shall do so. The site Plant Manager shall arrange a conference to discuss the matter within 24 hours or such other period as is reasonable with the accredited Union Delegate. The Human Resources Manager should be made aware of the dispute and, if required, be available to participate in this conference. (d) If the matter remains unresolved after the conference, the accredited Union Delegate shall advise the appropriate local official of the Union of the matter. A conference on the matter will then be arranged, to be attended by such official or officials and the Union Delegate concerned (as the Union may decide), and by the Human Resources Manager, Process Owner and such other representatives of Prysmian as the Plant Manager may decide. (e) If the matter has not been resolved and the procedures referred to above have an interest been availed of, Prysmian and the Union should enter into consultation about it at a higher level, with the employer and the Union, as the parties consider appropriate. (f) At any stage in the proper application procedures after consultation between the parties has taken place as required by the procedures, either party may ask for and be entitled to receive a response to their representations within a reasonable time. If there is undue delay on the part of this Agreement and the other party in minimising and settling disputes about matters in this Agreement in a timely mannerresponding to representations, the party complaining of delay may, after giving notice of intention to do so, take the matter to the next level. 4.2 Where (g) Without prejudice to either party, and except where a dispute arises in relation to: 4.2.1 a matter under this Agreement; or 4.2.2 the National Employment Standards; it will be dealt with bona fide safety issue is involved, work shall continue in accordance with the procedures set out status quo while matters in this clause. 4.3 An Employer or Employee may appoint another persondispute are being discussed in good faith. Where a bona fide safety issue is involved, organisation or association Prysmian Management must be notified immediately of employee concerns and employees shall work as redirected by Prysmian. Status quo shall mean the situation existing immediately prior to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee who is a member of the Union under these procedures. 4.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter giving rise to another officer. 4.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement or the National Employment Standard in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 Where (h) The parties may only seek the assistance of the New South Wales Industrial Relations Commission at any stage after the completion of subclause 4.5 steps up to and including 27(g) have been completed. The Commission may conciliate and where necessary arbitrate on the dispute remains unresolved, the matter may be referred issue in writing to the next level of managementdispute. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed. 4.7 Where a dispute is not resolved following the steps in sub-clauses 4.5 and 4.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009. 4.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench. 4.10 Until the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 work shall continue in the normal manner; 4.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 binding on the parties saving ordinary rights to appeal the dispute shall not take any other action likely to exacerbate the disputedecision.

Dispute Resolution Procedures. 4.1 The TAFE NSW Commission and its Employees have an interest in the proper application of this Agreement and in minimising and settling disputes about matters in this Agreement in a timely manner. 4.2 Where a dispute arises in relation to: 4.2.1 a matter under this Agreement; or 4.2.2 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause. 4.3 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee employee who is a member of the Union under these procedures. 4.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter to another officer. 4.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement or the National Employment Standard in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 Where after the completion of subclause 4.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed. 4.7 Where a dispute is not resolved following the steps in sub-clauses sub‐clauses 4.5 and 4.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009Act. 4.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench. 4.10 Until the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 work shall continue in the normal manner; 4.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute.

Dispute Resolution Procedures. 4.1 6.1 The TAFE NSW Commission and its Employees have an interest in the proper application of this Agreement and in minimising and settling disputes about matters in this Agreement in a timely manner. 4.2 6.2 Where a dispute arises in relation to: 4.2.1 6.2.1 a matter under this Agreement; or 4.2.2 6.2.2 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause. 4.3 6.3 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee who is a member of the Union under these procedures. 4.4 6.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager People and Safety Business Partner to refer the matter to another officer. 4.5 6.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement or the National Employment Standard Standard(s) in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources ManagerPeople and Safety Business Partner. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 6.6 Where after the completion of subclause 4.5 6.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed. 4.7 6.7 Where a dispute is not resolved following the steps in sub-clauses 4.5 sub -clauses 6.5 and 4.66.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 6.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009Act. 4.9 6.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench. 4.10 6.10 Until the dispute resolution procedures referred to at subclauses 4.1 6.1 to 4.9 6.9 have been exhausted: 4.10.1 6.10.1 work shall continue in the normal manner; 4.10.2 6.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 6.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute.

Dispute Resolution Procedures. 4.1 The TAFE NSW Commission and its Employees have an interest in the proper application of this Agreement Schedule and in minimising and settling disputes about matters in this Agreement Schedule in a timely manner. 4.2 Where a dispute arises in relation to: 4.2.1 a matter under this AgreementSchedule; or 4.2.2 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause. 4.3 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee employee who is a member of the Union under these procedures. 4.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter to another officer. 4.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement Schedule or the National Employment Standard in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 Where after the completion of subclause 4.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed. 4.7 Where a dispute is not resolved following the steps in sub-clauses sub‐clauses 4.5 and 4.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009Act. 4.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench. 4.10 Until the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 work shall continue in the normal manner; 4.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute.

Dispute Resolution Procedures. 4.1 TAFE NSW (i) If the Shareholders’ Representative disagrees with Parent’s calculation of the Cash and its Employees Cash Equivalents, Transaction Expenses, Indebtedness or Net Working Capital, in each case as reflected on the Closing Statement delivered pursuant to Section 3.3(b), the Shareholders’ Representative may, within forty-five (45) days after delivery of the Closing Statement, deliver a notice to Parent providing reasonable detail of the reasons for such disagreement and setting forth the calculation of the items and amounts in dispute. Any such notice of disagreement shall specify all items or amounts as to which the Shareholders’ Representative disagrees, and the Shareholders’ Representative shall be deemed to have an interest agreed with all other items and amounts, and the calculations thereof, set forth in the proper application Closing Statement. (ii) If a notice of this Agreement disagreement is delivered pursuant to Section 3.3(c)(i), the Shareholders’ Representative and Parent shall, during the thirty (30) days following such delivery, negotiate in minimising good faith to reach written agreement on the disputed items or amounts. The matters set forth in any written resolution executed by the Shareholders’ Representative and settling disputes about Parent shall be final and binding on the parties on the date of such written resolution. (iii) If the Shareholders’ Representative and Parent are unable to reach such agreement during such thirty (30) day period, the Shareholders’ Representative and Parent shall promptly (and, in any event, within thirty (30) days thereafter) submit any matters in this Agreement dispute to the Independent Accountant for resolution, who shall act as an accounting expert and not as an arbitrator. The Independent Accountant shall deliver to the Shareholders’ Representative and Parent, as promptly as practicable (but in no event later than thirty (30) days from the date of engagement of the Independent Accountant), a timely manner. 4.2 Where written report as to the resolution of each disputed item, accompanied by a dispute arises in relation to: 4.2.1 a matter under this Agreement; or 4.2.2 certificate of the National Employment Standards; Independent Accountant that it will be dealt with reached such determination in accordance with the procedures set out definitions as provided in this clause. 4.3 An Employer Agreement and the Accounting Methodology. Such report shall be final and binding on the parties and shall not be subject to further review or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clauseappeal (absent manifest arithmetical error). The Employer recognises Independent Accountant shall consider only those items and amounts in the Union Shareholders’ Representative’s and Parent’s respective calculations of Cash and Cash Equivalents, Transaction Expenses, Indebtedness or Net Working Capital, that were disputed within Shareholders’ Representative’s notice of disagreement and that the parties identify as a representative of an Employee who is a member of being items and amounts to which the Union under these procedures. 4.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager Shareholders’ Representative and Parent have still been unable to refer the matter to another officer. 4.5 The dispute notification must be in writing and include details of the disputeagree. The dispute notification should also make reference Independent Accountant’s determination of any disputed item shall be (A) based solely on (1) written materials submitted by the Shareholders’ Representative and Parent (or by in-person telephonic conferences if mutually agreed by Parent, the Shareholders’ Representative and the Independent Accountant) and not by independent review, and (2) the Accounting Methodology and on the definitions included herein and (B) limited to clause(sa determination as to whether it agrees with Parent’s calculation(s) of the Agreement amount(s) of Cash and Cash Equivalents, Transaction Expenses, Indebtedness or Net Working Capital, as applicable, or with the National Employment Standard Shareholders’ Representative’s calculation(s) of the amount(s) of Cash and Cash Equivalents, Transaction Expenses, Indebtedness or Net Working Capital, as applicable. Until the calculations have been finally determined pursuant hereto, neither Parent nor the Shareholders’ Representative shall, without the prior consent of the Shareholders’ Representative (in relation the case of Parent) or Parent (in the case of the Shareholders’ Representative), have any ex parte conversations or meetings with the Independent Accountant. Each party agrees to execute a reasonable engagement letter, if such letter is required by the Independent Accountant. The costs and expenses of the Independent Accountant shall be borne by the Shareholders’ Representative, on the one hand, and Parent, on the other hand, based upon the percentage which the dispute has arisen and indicate the resolution(s) sought. A copy portion of the dispute notification will be sent aggregate contested amount(s) not awarded to each party bears to the Human Resources Manageraggregate amount(s) actually contested by such party. Any costs, expenses or fees to be borne by the Shareholders’ Representative pursuant to this Section 3.3(c)(iii) shall constitute Shareholders’ Representative Costs and shall be paid, first, out of the Representative Expense Amount and, second, by the Shareholders in accordance with each Shareholder’s respective Pro Rata Share. (iv) The Closing Statement (and each of the components thereof) shall become final and binding on the parties (A) on the forty-sixth (46th) day following the delivery of the Closing Statement if a notice of disagreement has not been delivered to Parent by the Shareholders’ Representative pursuant to Section 3.3(c)(i), (B) with such changes as are necessary to reflect matters resolved pursuant to any written resolution executed pursuant to Section 3.3(c)(ii), on the date such resolution is executed, if all outstanding matters are resolved through such resolution and/or (C) with such changes as are necessary to reflect the Independent Accountant’s resolution of the matters in dispute (together with any changes necessary to reflect matters previously resolved pursuant to any written resolution executed pursuant to Section 3.3(c)(ii) and any matters not disputed pursuant to a notice of disagreement), on the date the Independent Accountant delivers its final, binding resolution pursuant to Section 3.3(c)(iii). The Employee(s)Cash and Cash Equivalents, Employee representative(s) if one has been appointedthe Transaction Expenses, the Indebtedness and the Net Working Capital, in each case as finally determined pursuant to this Section 3.3, are referred to herein as the “Actual Cash,” the “Actual Transaction Expenses,” the “Actual Indebtedness,” and the “Actual Net Working Capital,” respectively, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort the last date upon which any such final determination is made pursuant to resolve the dispute. 4.6 Where after the completion of subclause 4.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed. 4.7 Where a dispute this Section 3.3 is not resolved following the steps in sub-clauses 4.5 and 4.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009. 4.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench. 4.10 Until the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 work shall continue in as the normal manner; 4.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute“Final Determination Date”.

Dispute Resolution Procedures. 4.1 The TAFE NSW Commission and its Employees have an interest in the proper application of this Agreement Schedule and in minimising and settling disputes about matters in this Agreement Schedule in a timely manner.manner.‌ 4.2 Where a dispute arises in relation to: 4.2.1 a matter under this AgreementSchedule; or 4.2.2 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause. 4.3 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. The Employer recognises the Union as a representative of an Employee employee who is a member of the Union under these procedures. 4.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter to another officer. 4.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement Schedule or the National Employment Standard in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute.dispute.‌ 4.6 Where after the completion of subclause 4.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed.agreed.‌ 4.7 Where a dispute is not resolved following the steps in sub-clauses 4.5 and 4.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and/or conciliation and, if necessary arbitration. 4.8 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009Act. 4.9 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Bench.Bench.‌ 4.10 Until the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 work shall continue in the normal manner; 4.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute.

Dispute Resolution Procedures. 4.1 TAFE NSW and its Employees have an interest in the proper application of this Agreement and in minimising and settling disputes about matters in this Agreement in a timely manner. 4.2 Where 30.1. If a dispute arises in relation relates to: 4.2.1 (a) a matter arising under this the Agreement; or 4.2.2 (b) the National Employment Standards; it will be dealt with in accordance with , this clause sets out procedures to settle the dispute. 30.2. An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures set out in this clause. 4.3 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause30.3. The Employer recognises the Union as a representative of an Employee who is a member of the Union under these procedures. 4.4 In the first instance Employee(s) or their appointed representative(s)instance, must notify the appropriate representative of management of parties to the dispute in writing (‘must try to resolve the dispute notification’). An appropriate representative of management may be at the relevant line manager or if workplace level, by discussions between the Employee believes or Employees and relevant Superintendents and/or management. 30.4. If discussions at the line manager is workplace level do not appropriate resolve the Employee dispute, a party to the dispute may ask the Human Resources Manager to refer the matter to another officerthe Fair Work Commission. 4.5 The dispute notification must be in writing and include details of the dispute30.5. The dispute notification should also make reference to clause(s) of the Agreement or the National Employment Standard in relation to which Fair Work Commission may deal with the dispute has arisen and indicate the resolution(sin two (2) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(sstages: (a) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute. 4.6 Where after the completion of subclause 4.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed. 4.7 Where a dispute is not resolved following the steps in sub-clauses 4.5 and 4.6, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution will first attempt to resolve the dispute as it considers appropriate, including by mediation and/or conciliation mediation, conciliation, expressing an opinion or making a recommendation; and, (b) if necessary arbitration. 4.8 If the Fair Work Commission arbitrates is unable to resolve the disputedispute at the first stage, it may also use the powers that are available to it under the Fair Work Act 2009Commission may then: i. arbitrate the dispute; and ii. make a determination that is binding on the parties. A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the FW Act. Therefore, an appeal may be lodged against the decision. 4.9 30.6. While the parties are trying to resolve the dispute using the procedures in this clause: (a) an Employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an Employee must comply with a direction given by DBNGP to perform other available work at the same workplace, or at another workplace, unless: i. the work is not safe; or ii. applicable occupational health and safety legislation would not permit the work to be performed, or iii. the work is not appropriate for the Employee to perform; or iv. there are other reasonable grounds for the Employee to refuse to comply with the direction. 30.7. The parties to the dispute agree to be bound by and implement any a decision of the made by Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the Full Benchin accordance with this clause. 4.10 Until the dispute resolution procedures referred to at subclauses 4.1 to 4.9 have been exhausted: 4.10.1 work shall continue in the normal manner; 4.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is the subject of the dispute; 4.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute.