DISPUTE SETTLEMENT PROCEDURE. A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site xxxxxxx or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site xxxxxxx may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site xxxxxxx shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.
DISPUTE SETTLEMENT PROCEDURE. The parties agree that one of the fundamental objectives of this Agreement is to eliminate lost time in the event of a dispute. Further that it is in the best interests of both parties to achieve prompt resolution of disputes. The most effective procedure to achieve this, is for the responsibility for resolution to remain as close to the source as is possible, it is with this uppermost in mind that the parties agree to strictly adhere to the dispute settlement procedure as follows: The employee/s or accredited employees representative wishing to raise any matter affecting the employee/s shall:
i) Initially raise the matter with the employee/s immediate supervisor/foreperson. If agreement is not reached at this level, the employee/s or representatives shall, then:
ii) Raise the matter with the Company Manager or his representative. If agreement is not reached at this level and an employee representative has been involved, the employee representative will then;
iii) Be provided with telephone facilities to speak to an official of the Union and request representation at a further conference to be held at a date and time mutually acceptable.
iv) Should negotiations as prescribed in (a) above fail, the matter (where appropriate) shall be referred to the National Electrical Contractors Association and the State Secretary of the Union within five working days, at which level a conference of the parties shall be convened without delay.
v) In the absence of agreement, either party may refer the matter to the Industrial Relations Commission of the New South Wales for resolution by conciliation and/or arbitration.
vi) Whilst the above procedure is being affected, work shall continue normally.
vii) All recommendations, orders and/or directions of the Industrial Relations Commission of New South Wales shall be strictly observed by all parties subject to the industrial rights of the parties.
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes shall apply.
11.1 The employee/s concerned shall first meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including an employee representative.
11.2 Subject to 11.7 below, where an employee representative is involved, he or she shall be allowed the necessary time during working hours to interview the employee/s and the supervisor.
11.3 If the matter is not resolved at such a meeting further discussions involving more senior management and the employee representative will take place.
11.4 The employee representative shall be allowed, at a place designated by the Company, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplace.
11.5 To facilitate the speedy and efficient resolution of disputes:
11.5.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the disputes resolution procedure is carried out as quickly as possible.
11.6 If the matter remains unresolved
11.6.1 If the matter remains unresolved, the Company may refer it to a more senior level of management or may appoint a representative. The employee may invite an alternative or more senior employee representative to be involved in the discussions.
11.6.2 In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter the parties shall jointly or individually refer the matter to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving the matter through conciliation.
11.6.3 If conciliation fails to resolve the matter in dispute the parties shall jointly or individually refer the matter to the AIRC for arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx and MAG Gay as a substitute if the first mentioned member is unavailable. The substitutes shall be called on in the order they are listed here.
DISPUTE SETTLEMENT PROCEDURE. 8.1 Any questions, disputes or difficulties arising under this Agency Specific Agreement or in the course of the employment of employees covered by this Agency Specific Agreement shall be dealt with in accordance with this clause.
8.2 The employee/s and the manager with whom the dispute has arisen shall discuss the matter and attempt to find a satisfactory solution, within three (3) working days. An employee may be accompanied by a union representative.
8.3 If the dispute cannot be resolved at this level, the matter shall be referred to and be discussed with the relevant manager’s superior and an attempt made to find a satisfactory solution, within a further three (3) working days. An employee may be accompanied by a union representative.
8.4 If the dispute is still not resolved, it may be referred by the employee/s or union representative to the Director General/Chief Executive Officer or his/her nominee.
8.5 Where the dispute cannot be resolved within five (5) working days of the union representatives’ referral of the dispute to the Director General/Chief Executive Officer or his/her nominee, either party may refer the matter to the WAIRC.
8.6 The period for resolving a dispute may be extended by agreement between the parties.
8.7 At all stages of the procedure the employee may be accompanied by a union representative.
DISPUTE SETTLEMENT PROCEDURE a) The parties agree that one of the fundamental objectives of this Agreement is to eliminate lost time in the event of a dispute. Further, the parties agree that it is in the best interests of both parties to achieve prompt resolution of disputes directly between the employee(s) concerned and the Company.
b) The most effective procedure to achieve the prompt resolution of disputes is for the responsibility for resolution to remain as close to the source as is possible. It is with this uppermost in mind that the parties agree to strictly adhere to the following dispute settlement procedure: • In the event of an employee(s) having any difficulties or concerns the employee(s) should raise the matter with the immediate Supervisor who will make every effort to resolve the matter. • If the matter cannot be resolved it will be referred to the relevant Manager. • If the matter cannot be resolved by the Manager the employee(s) should refer the matter directly to a Company Director who will discuss and resolve the matter. • At any stage in the process an employee(s) may in writing nominate a third party to represent them. • Where a matter can not be resolved in accordance with the above, nothing shall prevent either party from referring the matter to the Australian Industrial Relations Commission for assistance. • All steps above must be fully exhausted before this referral may occur. • Whilst this dispute procedure is being followed and/or during any dispute, normal work shall continue.
DISPUTE SETTLEMENT PROCEDURE. 7.1 A major objective of this Agreement 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 incidental to the operation of the Agreement, should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship or the National Employment Standards (NES), including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure.
7.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure.
7.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance.
7.4 In the event of any work-related grievance arising between the Employer and an Employee or Employees, the matter shall -be dealt with in the following manner:
7.5 This procedure shall be followed in good faith without unreasonable delay.
7.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC.
7.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations, including the Code for the Tendering and Performance of Building Work 2016.
DISPUTE SETTLEMENT PROCEDURE. If a dispute relates to a matter arising under the agreement or the NES:
2.1.1 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.
2.1.2 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.
2.1.3 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.
2.1.4 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.
2.1.5 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act.
2.1.6 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 Act. Therefore, an appeal may be made against the decision.
2.1.7 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.
2.1.8 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.
DISPUTE SETTLEMENT PROCEDURE. The dispute settlement procedure provided for in this Agreement will apply to any disputes which affect the committee.
DISPUTE SETTLEMENT PROCEDURE. 26.1 It is important that effective and quick action is taken to settle disputes about matters arising under this Agreement.
26.2 Subject to clause 26.4, the parties to a dispute (including a potential dispute) arising under this Agreement must follow the following procedure should such a dispute arise: Stage 1 The employee will contact his or her immediate supervisor and make all reasonable attempts to settle the dispute at that level; Stage 2 If the dispute is not settled at Stage 1, or if it is inappropriate for the employee to meet with his or her immediate supervisor because of the nature of the dispute, the employee will meet with more senior management in his or her work area or location (and his or her immediate supervisor where appropriate). The employee may be assisted by another person of his or her choice at this meeting and at any subsequent meeting.
DISPUTE SETTLEMENT PROCEDURE. No deductions relating to the overpayment shall be made from the employee’s pay while the matter is being dealt with in accordance with the Dispute Settlement Procedure.
