Dispute Resolution Term Sample Clauses

Dispute Resolution Term. 55.1 If a dispute relates to: (a) a matter arising under this Agreement, or (b) the National Employment Standards; this term sets out procedures to settle the dispute. 55.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 55.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. 55.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 55.5 The Fair Work Commission may deal with the dispute in 2 stages: (a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (i) arbitrate the dispute (ii) make a determination that is binding on the parties.
Sample 1
Dispute Resolution Term. (a) If a dispute relates to: (i) a matter arising under the Agreement; or Larrakia Nation Aboriginal Corporation Enterprise Agreement 2024 (ii) the National Employment Standards; this term sets out procedures to settle the dispute. (b) An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. (c) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee or Employees and relevant supervisors and/or management. (d) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the FWC. (e) The FWC may deal with the dispute in 2 stages: (i) the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (ii) if the FWC is unable to resolve the dispute at the first stage, the FWC may then: (A) arbitrate the dispute; and (B) make a determination that is binding on the parties. A decision that the FWC makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. (f) While the parties are trying to resolve the dispute using the procedures in this term: (i) 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 (ii) an Employee must comply with a direction given by LNAC to perform other available work at the same workplace, or at another workplace, unless: (A) the work is not safe; or (B) applicable occupational health and safety legislation would not permit the work to be performed; or (C) the work is not appropriate for the Employee to perform; or (D) there are other reasonable grounds for the Employee to refuse to comply with the direction. (g) The parties to the dispute agree to be bound by a decision made by the FWC in accordance with this term. Larrakia Nation Aboriginal Corporation Enterprise Agreement 2024
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Dispute Resolution Term. At the end of Part 13 of the Agreement, the following is to be included:
Sample 1
Dispute Resolution Term. 17.3.1. If a dispute relates to: (a) a matter arising under the agreement; or (b) the national employment standards; this term sets out procedures to settle the dispute. 17.3.2. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 17.3.3. In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. 17.3.4. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to fair Work Australia. 17.3.5. fair Work Australia may deal with the dispute in two stages: (a) fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if fair Work Australia is unable to resolve the dispute at the first stage, fair Work Australia may then: i. arbitrate the dispute; and ii. make a determination that is binding on the parties. note: If fair Work Australia arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. 17.3.6. While the parties are trying to resolve the dispute using the procedures in this term: (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 the employer 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. 17.3.7. The parties to the dispute agree to be bound by a decision made by fair Work Australia in accordance with this term.
Sample 1
Dispute Resolution Term. 9.1 If a dispute relates to: (a) a matter arising under the Agreement; or (b) the National Employment Standards; 9.2 At any stage through dispute resolution process an Employee who is a party to the dispute may appoint a representative, including a union, for the purposes of the procedures in this term. 9.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee or Employees and relevant supervisors and/or management. 9.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Commission. 9.5 The Commission may deal with the dispute in 2 stages: (1) The Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (2) if the Commission is unable to resolve the dispute at the first stage, the Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties.
Sample 1
Dispute Resolution Term. 1. If a dispute relates to: a. a matter arising under the agreement; or b. the National Employment Standards; this term sets out procedures to settle the dispute. 2. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 3. In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. 4. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission. 5. The Fair Work Commission may deal with the dispute in 2 stages: a. the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and b. if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. arbitrate the dispute; and ii. make a determination that is binding on the parties. 6. While the parties are trying to resolve the dispute using the procedures in this term: 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 the employer 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. 7. The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term.
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Dispute Resolution Term. 9.1. If the dispute relates to a: a) matter arising under this Agreement, or
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Dispute Resolution Term. If a dispute relates to: a) a matter arising under the agreement; or
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Related to Dispute Resolution Term

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • I2 Dispute Resolution The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed: 21.1.1 Initially the Employee shall discuss any grievance, dispute or claim with their immediate supervisor; 21.1.2 If the matter is not resolved at such a meeting, the Parties may hold further discussions with appropriate senior levels of management; 21.1.3 If the matter cannot be resolved at the workplace level, the Parties agree to refer the matter to Enterprise Initiatives Pty Ltd who will engage a third party mediator to mediate the dispute. Any such mediator will conduct the mediation in accordance with the provisions of Part 13, Division 6 of the Act. 21.2 To the extent that the dispute concerns Employee entitlements or Employer obligations under the Agreement the Employer will ask for the Employee's agreement to seek advice from EI Legal Pty Ltd. 21.3 This dispute resolution procedure does not apply to Employees where the Employer has given notice and reasons for termination according to clause 5 of the Agreement. 21.4 Where the Parties agree to pursue mediation the Parties:- 21.4.1 Will participate in the mediation process in good faith; 21.4.2 Acknowledge the right of other to appoint in writing, another person to act on their behalf in relation to the mediation process; 21.4.3 Agree not to commence any action against the other; and 21.4.4 Agree that during the time when the Parties attempt to resolve the matter: i) the Parties continue to work in accordance with the contract of employment unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and ii) subject to relevant provisions of any state or territory occupational safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee must not unreasonably fail to comply with a direction by his or her Employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; and iii) the Parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible.

  • Initial Dispute Resolution If a dispute arises out of or relates to this Contract or its breach, the parties shall endeavor to settle the dispute first through direct discussions between the parties’ representatives who have the authority to settle the dispute. If the parties’ representatives are not able to promptly settle the dispute, they shall refer the dispute to the senior administrators of the parties who have the authority to settle the dispute, who shall meet within fourteen days thereafter. If the dispute is not settled by the senior administrators, the parties may submit the dispute to mediation in accordance with Paragraph 5.2.3.2.

  • Dispute Resolution Process Any claim, dispute or other matter in question not resolved by the process identified in Paragraph

  • Dispute Resolutions Parties agree to arbitration of dispute in Houston, Texas, USA.

  • CENTRAL DISPUTE RESOLUTION PROCESS The following process pertains exclusively to disputes and grievances on central matters that have been referred to the central process. In accordance with the School Board Collective Bargaining Act, 2014 central matters may also be grieved locally, in which case local grievance processes will apply. In the event that central language is being grieved locally, the local parties shall provide the grievance to their respective central agents.

  • Informal Dispute Resolution Process 1. In the event there is a dispute under this Centralized Contract, the Contractor, OGS and Authorized User agree to exercise their best efforts to resolve the dispute as soon as possible. The Contractor, OGS and Authorized User shall, without delay, continue to perform their respective obligations under this Centralized Contract which are not affected by the dispute. Primary responsibility for resolving any dispute arising under this Centralized Contract shall rest with the Authorized User’s Contractor Coordinators and the Contractor’s Account Executive and the State & Local Government Regional General Manager. 2. In the event the Authorized User is dissatisfied with the Contractor’s Products provided under this Centralized Contract, the Authorized User shall notify the Contractor in writing pursuant to the terms of the Contract. In the event the Contractor has any disputes with the Authorized User, the Contractor shall so notify the Authorized User in writing. If either party notifies the other of such dispute, the other party shall then make good faith efforts to solve the problem or settle the dispute amicably, including meeting with the party’s representatives to attempt diligently to reach a satisfactory result through negotiation. 3. If negotiation between the Contractor and Authorized User fails to resolve any such dispute to the satisfaction of the parties within fourteen (14) business days or as otherwise agreed to by the Contractor and Authorized User, of such notice, then the matter shall be submitted to the State's Contract Administrator and the Contractor’s senior executive officer representative. Such representatives shall meet in person and shall attempt in good faith to resolve the dispute within the next fourteen (14) business days or as otherwise agreed to by the parties. This meeting must be held before either party may seek any other method of dispute resolution, including judicial or governmental resolutions. Notwithstanding the foregoing, this section shall not be construed to prevent either party from seeking and obtaining temporary equitable remedies, including injunctive relief. 4. The Contractor shall extend the informal dispute resolution period for so long as the Authorized User continues to make reasonable efforts to cure the breach, except with respect to disputes about the breach of payment of fees or infringement of its or its licensors’ intellectual property rights.

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

  • Formal Dispute Resolution 10.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 10.5, then either Party may invoke the formal Dispute Resolution procedures described in this Section 10.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 10.3.

Most Referenced Clauses

Most Referenced Definitions