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.
Appears in 15 contracts
Samples: Labour Hire Agreement, Workplace Agreement, Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. The a) In the event that a dispute arises over the application of this agreement the following procedure for the avoidance or resolution of disputes shall apply:
(i) The parties are committed to trying to resolve disputes at the workplace level and all efforts shall be made by the parties to do so.
11.1 (ii) The employee/s concerned shall will first meet and confer with their immediate supervisor. The employee/s may choose to appoint another person to act on their behalf including an employee representativebehalf.
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 (iii) If the matter is not resolved at such a meeting the parties will arrange 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 representativeappropriate. The employee may choose to invite an alternative or more senior employee a representative to be involved in the discussions.
11.6.2 In the event there is no agreement to refer (iv) If the matter to a more senior level or it is agreed that such a reference would cannot resolve be resolved directly between the matter the parties shall jointly or individually parties, either party may refer the matter to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving the matter through conciliation.
11.6.3 If by conciliation fails and/or arbitration. The commission must attempt to resolve the matter in dispute the parties shall jointly or individually through conciliation before either party may refer the matter for determination by arbitration. In attempting to resolve the AIRC for arbitration before member Commissioner XX Xxxxxx matter during conciliation, the commission may make recommendations to either party about a matter in dispute.
(v) Where the Commission is dealing with AIRC member XX Xxxxx a dispute over the application of this agreement, whether through conciliation or arbitration, the commission shall, in such a manner as it considers appropriate, carefully and MAG Gay as quickly inquire into and investigate the dispute and all matters affecting the merits, and right settlement of the dispute.
(vi) Where the Commission is requested by either party to arbitrate in a substitute if dispute over the first mentioned member is unavailableapplication of this agreement, the Commission shall be bound by the procedures set out in Section 109 and 110 of the Workplace Relations Act 1996 and shall have the powers set out in Section 111 of the Workplace Relations Act 1996. The substitutes shall employee, their representative, and the employer agree to be called on bound by the decision of the Commission.
(vii) While the parties are attempting to resolve the matter, each employee will continue to work in accordance with this agreement and their contract of employment unless the order they are listed hereemployee had reasonable concern about an imminent risk to his/her health or safety. Subject to relevant provisions of any state or territory occupational health and safety law, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work that is safe and appropriate for the employer to perform.
Appears in 3 contracts
Samples: Collective Enterprise Agreement, Collective Enterprise Agreement, Collective Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes shall apply.
11.1 21.1 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 21.2 Subject to 11.7 21.9 and 21.10, 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 21.3 If the matter is not resolved at such a meeting further discussions involving more senior management and the employee representative representatives will take place.
11.4 21.4 The employee representative shall be allowed, at a place designated by the Companycompany, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplace.
11.5 21.5 To facilitate the speedy and efficient resolution of disputes:
11.5.1 21.5.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 21.5.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 21.5.3 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 21.6 If the matter remains unresolved
11.6.1 If unresolved the matter remains unresolvedparties may, the Company may jointly or individually, 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 Victorian Metal, Engineering and Associated Industries Disputes Panel (“AIRCDisputes panel”) for assistance conciliation. The Disputes panel shall deal with disputes in resolving accordance with the Victorian Metal, Engineering and Associated Industries Disputes Panel Charter, provided that, and notwithstanding any term in the said Charter, the Disputes panel may only be constituted by persons who are representatives of an organisation of employers or employees if the organisation is the representative of the employer’s or employee’s choice.
21.7 Notwithstanding the above, if a matter arises directly between the parties to this agreement or if the parties otherwise agree, without all the steps in this procedure being followed, the matter through conciliationmay be referred directly to the Disputes panel for conciliation however, this subclause does not allow for a union to refer a dispute concerning a particular employee or employees to conciliation unless that employee or those employees so choose.
11.6.3 21.8 If conciliation fails to resolve the to matter in dispute the Disputes panel shall resolve the matter by arbitration.
21.9 Subject to 21.10, below, whilst the parties are attempting to resolve the matter the pre-dispute status quo shall prevail. Where the dispute arises from a decision of the company the situation that prevailed prior to that decision shall prevail. Subject to this agreement, the parties will continue to work in accordance with this Agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or her health or safety in which case the employee must not unreasonably fail to comply with a direction by the company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
21.10 Subject to the pre-dispute status quo, whilst these processes are being followed the parties shall jointly be committed to avoid stoppages of work, lockouts or individually refer other bans or limitations on the matter to performance of work and the AIRC for arbitration before member Commissioner XX Xxxxxx company shall ensure that all practices applied during the operation of the procedure are in accordance with AIRC member XX Xxxxx safe working practices and MAG Gay as a substitute if consistent with established custom and practice at the first mentioned member is unavailable. The substitutes shall be called on in the order they are listed hereenterprise.
Appears in 2 contracts
Samples: Geelong Area Agreement, Geelong Area Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for a) If a dispute arises in the avoidance workplace and it cannot be resolved, the employee or resolution of disputes shall apply.
11.1 The employee/s employees concerned shall first meet and confer will take the matter up with their immediate supervisor. The employee/s may appoint another person supervisor and will afford the supervisor the opportunity to act on their behalf including an employee representativeremedy the cause of the dispute or grievance.
11.2 Subject b) Where any such attempt at dispute settlement has failed, or where the dispute or claim is of such a nature that further discussions with the Supervisor is deemed inappropriate, the Supervisor and/or employees should notify the Production Manager. Discussions should then take place with the Production Manager to 11.7 below, where an employee representative is involved, he or she shall be allowed bring about a resolution to the necessary time during working hours to interview the employee/s and the supervisorproblem.
11.3 c) Where any such attempt at dispute settlement has failed, or where the dispute or claim is of such a nature that further discussions with the Supervisor/Production Manager is deemed inappropriate, discussions should then take place with the Operations/Manufacturing Manager to bring about a resolution to the problem
d) If the matter is cannot resolved at such a meeting further discussions involving more senior management be settled and Steps a)-c) have been exhausted, the employee representative will take place.
11.4 The employee representative shall subject of disagreement may 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 referred at the earliest opportunity to an impartial third party mediator, to be appointed by the Company. If the employees can justifiably raise issue with the impartiality of the problem;third party mediator an alternative party shall be appointed by the Company.
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, e) If the parties must co-operate are still unable 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 unresolvedagree on a mutually acceptable mediator, the Company either party 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 submit the matter to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving the matter through conciliationresolution.
11.6.3 If conciliation fails f) On referral, the mediator (or the Commission) shall endeavor to resolve the issue between the parties by conciliation. Should this process fail to resolve the issue between the parties, the mediator (or Commission), may arbitrate the matter in where there is agreement between the Company and a majority of employees affected by the dispute or grievance. Through the above steps, common sense and respect for the other parties point of view should be maintained, and without prejudice to either party, the parties shall jointly be committed to avoid stoppages of work, lockouts or individually refer any other bans or limitations on the matter to performance of work while the AIRC for arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx procedures and MAG Gay as a substitute if the first mentioned member is unavailable. The substitutes shall be called on in the order they conciliation are listed herebeing followed.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISPUTE SETTLEMENT PROCEDURE. 9.1 In the event of a dispute arising in the workplace about matters arising under this Agreement or the NES, the procedure to resolve the matter will be as follows:
9.1.1 The following procedure for employee and the avoidance or resolution of disputes shall applyemployee's supervisor meeting and conferring on the matter.
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 9.1.2 If the matter is not resolved at such a meeting this meeting, the parties must arrange for further discussions involving between the employee and more senior management levels of management.
9.1.3 If the matter cannot be resolved it may be referred by a party to the Commission for resolution. This does not affect the right of either party to a dispute to take other action to resolve the dispute.
9.2 An employee may choose to have an employee representative of their choice, including an Association representative, to represent and support them at any stage of the dispute resolution procedure. Any representative nominated by the employee representative pursuant to this dispute resolution procedure will take place.
11.4 The employee representative shall be allowed, at a place designated by the Company, a reasonable period of the necessary time during working hours to interview external advisors requested by support the employee.
9.3 While the parties attempt to resolve a dispute employees must continue to work as normal in accordance with this agreement and their contracts of employment unless an employee has a reasonable concern about imminent risk to safety or health. In this case, an employee must not unreasonably fail to comply with a direction of the Company to perform other available work, whether at the same or another workplace that was safe and appropriate for the employee representative, in the workplaceto perform.
11.5 To facilitate 9.4 If a dispute is referred to the speedy and efficient resolution of disputes:
11.5.1 Commission for resolution, the party with the grievance must notify the other party at the earliest opportunity Commission can take any or all 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 following actions 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 considers appropriate to resolve the dispute:
9.4.1 convene conciliation conferences of the parties or their representatives at which the Commission is present:
9.4.2 require the parties or their representatives to confer among themselves at conferences at which the Commission is not present;
9.4.3 request but not compel, a person to attend proceedings;
9.4.4 request, but not compel, a person to produce documents;
9.4.5 where either party requests, make recommendations about particular aspects of a matter about which they are unable to reach agreement;
9.4.6 where the matter, or matters, in dispute cannot be resolved (including by conciliation) and one party or both request, arbitrate or otherwise determine the parties shall jointly matter, or individually refer matters, in dispute.
9.5 The Commission must follow due process and allow each party a fair and adequate opportunity to present their case.
9.6 Any determination by the matter Commission under paragraph 9.4.6 must be in writing if either party so requests, and must give reasons for the determination.
9.7 Any determination made by the Commission under paragraph 9.4.6 must be consistent with applicable law and must not require a party to act in contravention of an applicable industrial instrument or law. Where relevant, and circumstances warrant, the AIRC for arbitration before member Commissioner XX Xxxxxx Commission can consider previous decisions of the Commission.
9.8 The Commission must approach matters regarding management decisions in accordance with AIRC member XX Xxxxx and MAG Gay as a substitute if the first mentioned member is unavailable. The substitutes shall be called on general principles set out in the order they XPT case [(1984) 295 CAR 188].
9.9 The Commission must not issue interim orders, 'status quo' orders or interim determinations.
9.10 The parties are listed hereentitled to be represented including by legal representatives, in proceedings pursuant to this dispute resolution procedure.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes, including any disputes in relation to the National Employment Standards, shall apply.
11.1 14.1 The employee/s concerned shall first meet and confer with their immediate supervisor. The employee/s may appoint another person person(s) to act on their behalf including an employee representativea shop xxxxxxx or delegate of their union.
11.2 Subject to 11.7 below, where 14.2 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 14.3 If the matter is not resolved at such a meeting further discussions involving more senior management and management, as appropriate. The employee may invite a union official(s) to be involved in the employee representative will take placediscussions. The Employer may also invite into the discussion an officer of the employer organisation to which the Employer belongs.
11.4 14.4 The employee representative shop xxxxxxx or delegate 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 duly accredited union officials of the workplaceunion to which they belong.
11.5 14.5 To facilitate the speedy and efficient resolution of disputes:
11.5.1 a. the party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 b. throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 c. 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 14.6 If the matter remains unresolved, the Company may refer it to a more senior level of management parties may, jointly 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 individually, 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 Fair Work Commission (“AIRC”‘FWC’) for assistance in resolving the matter through conciliation.
11.6.3 14.7 Notwithstanding the terms of sub-clause 14.6, the parties may agree to refer a dispute to an alternative organisation/individual for conciliation.
14.8 Notwithstanding the terms of sub-clauses 14.6 and 14.7, a matter may be referred directly to the FWC for conciliation without all the steps in this procedure being followed if one of the following applies:
a. the matter arises directly between the parties and it has already been subject to discussions between the parties; or
b. the parties agree to the matter going to the FWC for conciliation.
14.9 If conciliation fails to resolve to matter in dispute, the FWC shall resolve the matter by arbitration, provided that the matter concerns the interpretation, application or implementation of a term or terms of this Agreement.
14.10 Subject to sub-clause 14.11, whilst the parties are attempting to resolve the matter, the parties will continue to work in dispute accordance with the Award, this Agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or her health or safety. Subject to the relevant provisions of the State Occupational Health & 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 Simplot to perform other available work that is safe and appropriate for the employee to perform.
14.11 Whilst these processes are being followed, the parties shall jointly be committed to avoid stoppages of work, lockouts or individually refer other bans or limitations on the matter performance of work and Simplot shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.
14.12 Parties 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 agree to bear their own costs in the order they are listed hereany FWC proceedings.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Bargaining Agreement
DISPUTE SETTLEMENT PROCEDURE. 16.1 This dispute settlement procedure will apply to any questions, dispute or difficulties that arise under this Agreement:
16.2 The following procedure for the avoidance or resolution Employer and Employees agree to take all necessary steps to ensure all issues receive prompt attention and are resolved by conciliation, preferably by internal settlement of disputes shall applyissues.
11.1 16.3 The employee/s concerned shall first meet Employer commits to expeditiously deal with any differences that may arise between the Employer and confer with their immediate supervisorany Employee or group of Employees. The employee/s Employees commit themselves to speedily resolve any differences with the Employer by consultation and direct negotiation. An Employee may appoint another person to act on their behalf including an employee be accompanied by a Union or other representative.
11.2 Subject 16.4 The parties shall take an early and active part in discussions and negotiations aimed at preventing or settling disputes and where in any case a dispute cannot be resolved by direct consultation between the parties involved the following procedure is to 11.7 belowapply: Stage One Any Employee or group of Employees with a dispute shall discuss it at a local level with their line manager (Team Leader) in the first instance. The matter should be resolved if possible within three working days. Stage Two
16.5 If not satisfactorily resolved at a local level, where an employee representative is involved, he or she the matter shall be allowed discussed between the necessary time during working hours to interview Employee(s), the employee/s Team Leader and the supervisorManager Track and Grounds and resolved if possible within an additional three days.
11.3 16.6 The first meeting to be convened pursuant to Stages One and Two shall be convened within one working day of a request by any party. Stage Three
16.7 If not satisfactorily resolved at Stage Two the matter shall be discussed between the Employee(s), Manager Track and Grounds and the Employer (CEO) and resolved if possible within an additional five working days. Stage Four
16.8 If the matter is not resolved at such a meeting further discussions involving more senior management and in Stage Three, it may be referred by the employee representative will take placeUnion or the Employer to the WAIRC for resolution, through either conciliation and/or arbitration.
11.4 16.9 When a matter being dealt with at a particular stage is not resolved then it is to be dealt with at the next stage.
16.10 The employee representative period for resolving a dispute at any stage may be extended by agreement between the parties.
16.11 Until a dispute is settled, work should continue as it did before the dispute. No party shall be allowed, at a place designated prejudiced as to the final dispute settlement by the Company, a reasonable period continuance of time during working hours to interview external advisors requested by the employee representative, in the workplacework.
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 16.12 At all stages of the procedure all relevant facts must the Employee may be clearly identified and recorded; and
11.5.3 sensible time limits must be allowed for completion accompanied by a union representative or an alternative representative 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 possibleEmployees choosing.
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.
Appears in 2 contracts
Samples: General Agreement, General Agreement
DISPUTE SETTLEMENT PROCEDURE. 13.1 In the event of a dispute arising in the workplace about matters arising under this Agreement or in relation to the NES the procedure to resolve the matter will be as follows:
13.1.1 The following procedure for employee and the avoidance or resolution of disputes shall applyemployee's supervisor meeting and conferring on the matter.
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 13.1.2 If the matter is not resolved at such a meeting this meeting, the parties to the dispute must arrange for further discussions involving between the employee and more senior management levels of management.
13.1.3 If the matter cannot be resolved it may be referred by either party to the FWC for resolution. This does not affect the right of either party to a dispute to take other action to resolve the dispute.
13.2 An employee may choose to have an employee representative of their choice, including a union representative, to represent and support them at any stage of the dispute resolution procedure. Any representative nominated by the employee representative pursuant to this dispute resolution procedure will take place.
11.4 The employee representative shall be allowed, at a place designated by dnata Catering Australia, the Company, a reasonable period of necessary time during working hours to interview external advisors requested represent and support the employee.
13.3 Until the matter is determined, work will continue as instructed by dnata Catering Australia unless an employee has a reasonable concern about imminent risk to safety or health. In this case, an employee must not unreasonably fail to comply with a direction of dnata Catering Australia to perform other available work, whether at the same or another workplace that is safe and appropriate for the employee to perform. No party will be prejudiced as to the final settlement by the employee representative, continuance of work in the workplaceaccordance with this clause.
11.5 To facilitate 13.4 If a dispute is referred to the speedy and efficient resolution FWC for resolution, the FWC can take any or all of disputesthe following actions as it considers appropriate to resolve the dispute:
11.5.1 the party with the grievance must notify the other party at the earliest opportunity 13.4.1 convene conciliation conferences of the problemparties to the dispute or their representatives at which the FWC is present;
11.5.2 throughout all stages of 13.4.2 require the procedure all relevant facts must be clearly identified and recordedparties to the dispute or their representatives to confer among themselves at conferences at which the FWC is not present; and
11.5.3 sensible time limits 13.4.3 where the matter, or matters, in dispute cannot be resolved (including by conciliation) and one party to the dispute or both request, the FWC may arbitrate or otherwise determine the matter, or matters, in dispute.
13.5 Once a request has been made for arbitration, the FWC must be allowed for completion of follow due process and allow each party to the various stages of discussion. Howeverdispute a fair and adequate opportunity to present their case.
13.6 In relation to such an arbitration, the parties must co-operate agree that:
13.6.1 the FWC may, after giving both parties the opportunity to ensure that be heard, give all such directions and do all such things as are reasonable and necessary for the disputes just resolution procedure is carried out as quickly as possibleof the dispute. The FWC may exercise powers of conciliation and arbitration.
11.6 If 13.6.2 before making a determination and/or direction the matter remains unresolvedFWC will
11.6.1 If 13.6.3 the matter remains unresolveddecision of the FWC will be binding on the parties subject to the right of appeal of the decision to a Full Bench of the FWC. The decision of the Full Bench in the appeal will be binding upon the parties.
13.7 Any determination by the FWC must be in writing if either party to the dispute so requests, and must give reasons for the determination.
13.8 Any determination made by the FWC must be consistent with applicable law and must not require a party to the dispute to act in contravention of an applicable industrial instrument or law.
13.9 Where relevant, and circumstances warrant, the Company may refer it to a more senior level FWC will consider previous relevant decisions 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 FWC, Fair Work Australia, the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving and the matter through conciliationCourts.
11.6.3 If conciliation fails to resolve the matter in dispute the 13.10 The FWC must not issue interim orders, 'status quo' orders or interim determinations.
13.11 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 unavailabledispute are entitled to be represented, including by legal and/or union representatives, in proceedings pursuant to this dispute settlement procedure. The substitutes shall be called on in the order they are listed here.PART 3 - EMPLOYMENT RELATIONSHIP
Appears in 1 contract
Samples: Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for 16.1 In the avoidance event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or resolution employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of disputes shall applymanagement.
11.1 The employee/s concerned shall first meet and confer with their immediate supervisor. The employee/s 16.2 A party to the dispute may appoint another person person, organisation or association to act on their behalf including an employee representativeaccompany or represent them in relation to the dispute.
11.2 Subject 16.3 If a dispute is unable 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 agreed steps for completion of the various stages of discussion. Howeverresolving it have been taken, 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 dispute 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 referred to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving the matter through conciliationconciliation and/or mediation.
11.6.3 16.4 If conciliation fails the dispute remains unresolved, the dispute will be submitted to resolve the AIRC for arbitration. Any dispute referred to the AIRC under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President.
16.5 The AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. The decision of the AIRC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
16.6 If the AIRC is unable to deal with the dispute, the dispute may be referred to the Dispute Settlement Centre of Victoria (DSCV), for resolution by mediation and/or conciliation. If the matter in dispute remains unresolved the parties shall jointly or individually refer dispute will be submitted for arbitration.
16.7 The powers of the matter AIRC and the DSCV are limited to the extent that any outcome determined cannot be inconsistent with the National Code of Practice for the Construction Industry and Implementation Guidelines or other legislative obligations.
16.8 The AIRC and/or DSCV cannot make any decision requiring damages, penalties, compensation or the like.
16.9 Whilst these processes are being followed, work shall continue in accordance with this Agreement and employees’ contract of employment, unless an employee has a reasonable concern about an imminent risk to his or her health or safety. If such concern exists, the employee must not unreasonably fail to comply with a direction of the employer to perform other available work, whether at the same or another workplace, that is safe and appropriate 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 hereemployee to perform.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure 16.1 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.
16.2 An Employee who is a party to the dispute may appoint a representative for the avoidance or resolution purposes of disputes the procedures in this term. Such representative shall applynot be permitted to enter the workplace in breach of right of entry laws.
11.1 The employee/s concerned shall 16.3 In the first meet instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee or Employees and confer with their immediate supervisorrelevant supervisors and/or management. 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 cannot be resolved at such a meeting further discussions involving more it will be referred to senior management and such as the employee representative will take placeHR Manager or MD/CEO.
11.4 The employee representative shall be allowed, 16.4 If discussions at a place designated by the Companyworkplace level do not resolve the dispute, a reasonable period of time during working hours party 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 dispute 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 conciliationFWC. All above steps must be fully exhausted before this referral may occur.
11.6.3 If conciliation fails 16.5 FWC may deal with the dispute in 2 stages:
(a) FWC will first attempt to resolve the matter in dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
(b) if FWC is unable to resolve the dispute at the first stage, FWC may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties.
16.6 While the parties shall jointly are trying to resolve the dispute using the procedures in this term:
(a) an Employee must continue to perform his or individually refer 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 matter Company to perform other available work at the same workplace, or at another workplace, unless:
(i) the work is not safe; or
(ii) applicable work 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.
16.7 The parties to the AIRC for arbitration before member Commissioner XX Xxxxxx dispute agree to be bound by a decision made by FWC in accordance 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 herethis term.
Appears in 1 contract
Samples: Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. 3.2.1 The following procedure for the avoidance or resolution of disputes shall apply.:
11.1 (a) The employee/s employee(s) concerned shall will first meet and confer with their immediate supervisor. The employee/s employee(s) may appoint choose to involve another person employee or an employee representative to accompany them and/or act on their behalf including an behalf.
(b) If the matter is not resolved at such a meeting the Company will promptly make available a more senior management representative to discuss the issue with the employee(s) and, if the employee(s) requests, the relevant employee representative. The employee(s) may request a Union official to be involved in the discussions.
11.2 Subject (c) If the matter remains unresolved the Company may refer it to 11.7 belowa more senior level of management. The employee(s) and/or employee representative may invite a more senior Victorian Branch Union official to be involved in the discussions.
(d) In the event there is no agreement to refer the matter to a more senior level, where or it is agreed that such a reference would not resolve the matter, the Parties may jointly or individually refer the matter to the Australian Industrial Relations Commission for conciliation.
3.2.2 In order to facilitate the procedure in sub clause 3.2.1 above:
(a) The party with the grievance must notify the other party of the problem at the earliest opportunity.
(b) Throughout all stages of the procedure each party shall have responsibility for clearly identifying and recording all relevant facts.
(c) Where an employee representative is involved, he or involved he/she shall be allowed the necessary time during working hours to interview discuss the employee/s matter with 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 (d) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate cooperate to ensure that the disputes resolution procedure is procedures are carried out as quickly as possiblepossible with minimal impact upon production.
11.6 If 3.2.3 While 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 procedure set out in the discussionsclause 3.
11.6.2 In 2.1 is being followed, work will continue as normal in accordance with the event pre-dispute status quo, this Agreement and established custom and practice, unless there is no agreement reasonable concern about an imminent risk to refer the matter to a more senior level health 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 conciliationsafety.
11.6.3 If conciliation fails to resolve 3.2.4 In circumstances where there is a dispute concerning proposed changes, “work continuing in accordance with the matter pre-dispute status quo” means the work and management practices in dispute place immediately before 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 introduction of those changes will remain in the order they are listed hereplace.
Appears in 1 contract
Samples: Facility Agreement
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 (“AIRCìAIRC”) 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.
Appears in 1 contract
Samples: Labour Hire Agreement
DISPUTE SETTLEMENT PROCEDURE. 38.1 The following objectives of the procedure for are to promote the avoidance or prompt resolution of disputes shall apply.
11.1 The employee/s concerned shall first meet grievances in relation to the application of this Agreement by consultation, cooperation 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, discussion in the workplace.
11.5 To 38.2 The employee may choose to have a representative of their choice involved in the grievance process from Step 2 onwards.
38.3 In the first instance, the employee shall inform their immediate supervisor of the existence of the grievance and they shall attempt to solve the grievance.
38.4 If the grievance is still unresolved, the employee will submit the matter in writing to their Manager to facilitate further discussion in an attempt to resolve the speedy and efficient resolution of disputesmatter.
38.5 If the grievance continues to be unresolved, further discussion shall occur with the Manager and/or Human Resource Representative, employee and/or their representative.
38.6 The following is agreed:
11.5.1 a) the party aggrieved employee and/or their representative has the opportunity to present all aspects of the grievance;
b) the grievance shall be investigated in a thorough, fair and impartial manner.
c) there is no undue delay in the progression of the matter, 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 intent to ensure that the resolve disputes resolution procedure is carried out as quickly as is reasonably possible.
11.6 If 38.7 After the above steps have occurred, and if the grievance is not settled, the matter remains unresolved
11.6.1 If may be referred by either the matter remains unresolvedemployee, or the Company may refer it to a more senior level of management employee's representative, or may appoint a representative. The employee may invite an alternative or more senior employee representative to be involved in by 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 ARCBS, to the Australian Industrial Relations Commission (“AIRC”) for assistance to assist in resolving the resolution of the matter.
38.8 The form and manner in which the Australian Industrial Relations Commission may assist in the resolution of the matter through conciliationwill be as agreed between the employee, or the employee's representative, and by the ARCBS.
11.6.3 If conciliation fails to resolve 38.9 Whilst this procedure is in place, no stoppage of work, or any form of ban or limitation of work shall be applied.
38.10 The ARCBS or the matter in dispute the parties employee shall jointly or individually refer the matter not be prejudiced as to the AIRC for arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx final settlement by the continuance of work.
38.11 Health and MAG Gay as a substitute if the first mentioned member is unavailable. The substitutes shall be called on in the order they Safety Matters are listed hereexempted from Step 4.
Appears in 1 contract
Samples: Workplace Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for 23.1 Disputes over the avoidance meaning and effect of this Agreement or resolution of disputes shall apply.
11.1 The employee/s concerned shall first meet and confer any work related or industrial matter on a particular site only, will be dealt with their immediate supervisor. The employee/s may appoint another person as close 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 its source as possible.
11.6 If 23.2 An employee or any Union delegate may initially submit any work related and/or industrial question referred to in clause 23.1 to the matter remains unresolvedsite foreperson, supervisor or other appropriate site representative of the Employer and inform the Union.
11.6.1 23.3 If the matter remains unresolved, an employee or any Union delegate may then submit the Company may refer it matter to a more the appropriate senior level management person of management or may appoint a representative. The employee may invite an alternative or more senior employee representative to be involved in the discussionsEmployer.
11.6.2 In 23.4 If the event there is no agreement to matter still remains unresolved, an employee or any Union delegate may refer the matter to a more senior level or it is agreed that such a reference would not resolve an official of the Union who may then discuss the matter with the nominated representative of the Employer.
23.5 Whilst the procedures referred to in clauses 23.2, 23.3 and 23.4 are being followed, work will continue as normal.
23.6 The procedures referred to in clauses 23.2, 23.3 and 23.4 will be followed in good faith and without unreasonable delay by any party.
23.7 If after the procedures referred to in clauses 23.2, 23.3 and 23.4 have been followed the matter remains unresolved, it may be dealt with in one of the following manners as agreed by the Employer and the Union:
(a) referred to the Commission for conciliation and, if required, arbitration, provided that the parties shall jointly or individually refer involved in the matter to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving the matter through conciliation.
11.6.3 If conciliation fails will confer among themselves and make reasonable attempts to resolve the matter in dispute the parties shall jointly or individually refer the matter before taking those matters 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 unavailableCommission. The substitutes shall Commission's decision will be called on accepted by all parties subject to legal rights of appeal; or
(b) referred to an arbitrator agreed to between the parties, for recommendations or determination.
23.8 The procedures set out in this clause 23 do not apply to disputes relating to health and safety issues which are dealt with in clause 24.
23.9 Nothing in this Agreement prevents either the order they are listed hereEmployer or the Union making an application to the Commission to settle or determine by arbitration any question or dispute arising over the application of this Agreement.
23.10 Nothing in this clause 23 prevents the Parties from taking action reciprocating breaches of this Agreement; over matters not provided for in this Agreement; or over matters of state or national significance upon the giving of notice to the other Parties.
Appears in 1 contract
Samples: Industrial Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes shall apply.
11.1 23.1 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 23.2 Subject to 11.7 27.10 and 27.11, 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 23.3 If the matter is not resolved at such a meeting further discussions involving more senior management and the employee representative representatives will take place.
11.4 23.4 The employee representative shall be allowed, at a place designated by the Companycompany, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplace.
11.5 23.5 To facilitate the speedy and efficient resolution of disputes:
11.5.1 23.5.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 23.5.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 23.5.3 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 23.6 If the matter remains unresolved
11.6.1 If unresolved the matter remains unresolvedparties may, the Company may jointly or individually, refer it to a more senior level of management or may appoint a representative. The employee may invite an the alternative or more senior employee representative to be involved dispute resolution provider (“ADR provider”) specified in the discussionsthis agreement for conciliation.
11.6.2 In 23.7 Notwithstanding the event there is no above, if a matter arises directly between the parties to this agreement or if the parties otherwise agree, without all the steps in this procedure being followed, the matter may be referred directly to the specified ADR provider for conciliation. This subclause however, does not allow for a union to refer a dispute concerning a particular employee or employees to conciliation unless that employee or those employees so choose..
23.8 If conciliation fails to resolve to matter in dispute the matter to a more senior level or it is agreed that such a reference would not specified ADR provider shall resolve the matter by arbitration.
23.9 For all disputes over the parties shall jointly or individually refer matters dealt with in Part 2 and all Award matters and the matter to matters dealt with in Part 3; the specified ADR provider is Australian Industrial Relations Commission (“AIRC”) for assistance ). The AIRC can nominate an XXXX member to preside over a matter raised in resolving the matter through conciliationdisputes resolution process.
11.6.3 If conciliation fails 23.10 For disputes over all other matters, the specified ADR provider is the Victorian Metal, Engineering and Associated Industries Disputes Panel (“Disputes panel”). The Disputes panel shall deal with disputes in accordance with the Victorian Metal, Engineering and Associated Industries Disputes Panel Charter.
23.11 Subject to 27.12, below, whilst the parties are attempting to resolve the matter the pre-dispute status quo shall prevail. Where the dispute arises from a decision of the company the situation that prevailed prior to that decision shall prevail. Subject to this agreement, the parties will continue to work in accordance with this agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or her health or safety in which case the employee must not unreasonably fail to comply with a direction by the company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
23.12 Subject to the pre-dispute status quo, whilst these processes are being followed the parties shall jointly be committed to avoid stoppages of work, lockouts or individually refer other bans or limitations on the performance of work and the company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.
23.13 The specified ADR providers may do the following:
(a) take evidence on oath or affirmation;
(b) make an order in relation to all or any matters in dispute including an interim order and an order for specific performance of the terms of the agreement (the term “order” herein used does not mean an order for the purposes of the Act. Rather, an order made under this procedure has effect as if it were a term of this agreement);
(c) give a direction, in the course of, or for the purpose of, the hearing or determination of the matter in dispute;
(d) hear and determine the matter in dispute in the absence of a party who has been summoned or served with a notice to appear;
(e) sit at any place;
(f) conduct its proceedings, or any part of its proceedings, in private;
(g) adjourn to any time and place;
(h) refer any matter to an expert and accept the expert’s report as evidence;
(i) direct parties to be joined or struck out;
(j) allow the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding;
(k) correct, amend, or waive any error, defect or irregularity, whether in substance or form;
(l) summon before it the parties to the AIRC for arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx and MAG Gay as a substitute if agreement, witnesses or any other person whose presence the first mentioned member is unavailable. The substitutes shall be called on ADR provider considers would help in the order they hearing or determination of the matter in dispute and compel the production before it of documents and other things for the hearing and determination of the matter in dispute; and
(m) generally give all directions and do all such things as are listed herenecessary or expedient for the speedy and just hearing and determination of the matter in dispute.
23.14 If any party fails or refuses to follow any step of this procedure the non breaching party shall not be obligated to continue through the remaining steps of the procedure, and may immediately seek relief by application to the AIRC.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISPUTE SETTLEMENT PROCEDURE. 14.1.1 The following procedure for the avoidance or resolution of disputes shall apply.. The mechanism and procedures for resolving disputes will include, but not be limited to the following:-
11.1 (a) The employee/s employee(s) concerned shall will first meet and confer with their immediate supervisor. The employee/s employee(s) may appoint another person to act on their behalf including an employee representative.behalf
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 (b) If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management and the employee representative will take placeas appropriate.
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 (c) If the matter remains unresolved
11.6.1 If unresolved the matter remains unresolved, the Company employer may refer it to a more senior level of management or may appoint a representativemanagement. 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 conciliationconciliation or arbitration.
11.6.3 If conciliation fails 14.1.2 In order to facilitate the procedure in 14.1.1:
(a) The party with the grievance must notify the other party at the earliest opportunity of the problem;
(b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;
(c) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must cooperate to ensure that the disputes resolution procedures are carried out as quickly as possible.
14.1.3 Subject to sub-clause 14.1.4, whilst the parties are attempting to resolve the matter the parties will continue to work in dispute accordance with this Agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or her health or safety. Subject to the relevant provisions of the state Occupational Health and Safety Law, even if the employee has a reasonable concern about an imminent risk to his or her health of safety, the employee must not unreasonably fail to comply with a direction by the company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
14.1.4 Whilst these processes are being followed the parties shall jointly be committed to avoid stoppages or individually refer work, lockouts or other bans or limitations on the matter to performance of work and the AIRC for company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.
14.1.5 Conciliation or arbitration before member Commissioner XX Xxxxxx regarding disputes and potential disputes arising out of the operation of this clause will be dealt with AIRC member XX Xxxxx and MAG Gay as a substitute if by the first mentioned member is unavailable. The substitutes shall be called on in the order they are listed hereAustralian Industrial Relations Commission.
Appears in 1 contract
Samples: Collective Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes shall apply.
11.1 27.1 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 27.2 Subject to 11.7 27.10 and 27.11, 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 27.3 If the matter is not resolved at such a meeting further discussions involving more senior management and the employee representative representatives will take place.
11.4 27.4 The employee representative shall be allowed, at a place designated by the Companycompany, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplace.
11.5 27.5 To facilitate the speedy and efficient resolution of disputes:
11.5.1 27.5.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 27.5.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 27.5.3 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 27.6 If the matter remains unresolved
11.6.1 If unresolved the matter remains unresolvedparties may, the Company may jointly or individually, refer it to a more senior level of management or may appoint a representative. The employee may invite an the 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 dispute resolution provider (“AIRCADR provider”) specified in this agreement for assistance in resolving the matter through conciliation.
11.6.3 27.7 Notwithstanding the above, if a matter arises directly between the parties to this agreement or if the parties otherwise agree, without all the steps in this procedure being followed, the matter may be referred directly to the specified ADR provider for conciliation.—however, this subclause does not allow for a union to refer a dispute concerning a particular employee or employees to conciliation unless that employee or those employees so choose.
27.8 If conciliation fails to resolve the to matter in dispute the parties specified ADR provider shall jointly or individually refer resolve the matter to by arbitration.
27.9 For all disputes over the AIRC for arbitration before member Commissioner XX Xxxxxx matters dealt 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 Part 2 in the order they are clauses listed here.below:
1. Wage increases
2. Increases in allowances 3. Payment of wages
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for (a) It is agreed that every endeavour will be made to amicably resolve disputes in relation to the avoidance or resolution application 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 belowthis Agreement, where an employee representative is involvedthey arise, he or she shall be allowed by direct negotiations and consultation between the necessary time during working hours to interview Company and the employee/s s. The parties agree that the issue should be resolved at the site level wherever possible.
(b) Subject to the provisions of the Act, and to facilitate the settlement of such grievance or dispute which may be raised by an employee or the Company the following procedure will apply:
(1) The matter should first be pursued between the employee or employees concerned and the area or department supervisor.
11.3 (2) If the matter is not resolved at such this level then discussions should be conducted with the Production Manager, and where requested by an employee, the employee’s representative.
(3) If the matter is still not settled, then a meeting further discussions involving more senior management conference shall be held between the employee and where requested by the employee, the employee representative will take placeorganisation party to this agreement together with the Mill Manager or an appointed representative.
11.4 The (4) If agreement cannot be reached the matter shall then be discussed between the Group General Manager, Paper (or nominee) together with 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 and where requested by the employee, the employee representative, in representative organisation party to this agreement and the workplacerelevant management.
11.5 To facilitate the speedy and efficient resolution of disputes:
11.5.1 the party with the grievance must notify the other party (5) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the earliest opportunity of workplace after the problem;
11.5.2 throughout process in sub- clause (b)(1)-(b)(4), and all stages of agreed steps for resolving it have been taken, either the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 sensible time limits must be allowed for completion of employee (or if requested by the various stages of discussion. Howeveremployee, the parties must co-operate employee representative organisation party 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, this agreement) or 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 conciliationor to an specialist Independent Arbitrator to whom both parties have agreed.
11.6.3 If conciliation fails (6) The parties agree that the Independent Arbitrator or AIRC must first attempt to resolve the matter in dispute by conciliation. If the parties shall jointly dispute remains unresolved, the Independent Arbitrator or individually refer AIRC may resolve the matter dispute by arbitration.
(7) Any dispute referred to the AIRC for arbitration before under clause (b) should be dealt with by Commissioner Xxxxx or, should that member Commissioner XX Xxxxxx with not be available within a reasonable time, a member nominated by the President of the AIRC member XX Xxxxx and MAG Gay as a substitute if or his delegate.
(8) If the first mentioned member dispute is unavailable. The substitutes referred to the Independent Arbitrator or the AIRC, the parties agree that the powers of the Independent Arbitrator or AIRC shall be called the following: • taking evidence on oath or affirmation; • giving directions orally or in writing for the purposes of procedural matters relating to the conciliation or arbitration; • making a final decision about the dispute, including dismissing the dispute.
(9) The decision or order of the Independent Arbitrator or the AIRC will bind the parties including the employees subject to this Agreement (save that where the decision is made by the AIRC either party may appeal the decision to a Full Bench of the AIRC).
(10) Where a dispute is referred to an agreed Independent Arbitrator or the AIRC in the order they dispute resolution process, the Company and the employee (as the case may be) can choose to be represented by: • another person bound by this agreement, including the Union; or • a legal representative.
(c) The parties are listed herecommitted to adherence to this procedure. Reasonable time limits shall be allowed for the completion of the various stages of this procedure.
(d) This procedure shall not prevent the Company or the union (where the union is the chosen representative) from making direct representations to one another on any matter likely to give rise to a grievance or dispute.
Appears in 1 contract
Samples: Botany Mill B7/B8 Closure Agreement
DISPUTE SETTLEMENT PROCEDURE. The following parties agree that one of the fundamental objectives of this Agreement is to eliminate lost time in the event of a dispute and that it is in the best interests of all parties to achieve prompt resolution of disputes. · The most effective procedure to achieve this is for the avoidance or responsibility for resolution to remain as close to the source as possible. It is with this in mind that the parties agree to strictly adhere to the dispute settlement procedure. Where another clause In the Agreement expressly provides for the resolution of a particular dispute the provision in this clause shall prevail. In all other cases of disputes arising over the application of the Agreement, the following shall apply.
11.1 . • The employeeEmployee/s concerned shall will first meet and confer with their immediate supervisorsupervisor concerning their grievance. 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 within 48 hours of such a meeting meeting, the parties will arrange further discussions involving more senior management and the as appropriate. The Employee may invite a work colleague or other employee representative will take place.
11.4 The employee representative shall to 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, involved in the workplace.
11.5 To facilitate discussions. The Company may also invite into the speedy and efficient resolution of disputes:
11.5.1 the party with the grievance must notify the discussions, some 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 discussionnominated Company representative. 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 still remains unresolved
11.6.1 If the matter remains unresolvedunresolved after a further 48 hours, 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 national officer within the Company, • If the matter still remains unresolved after a further 48 hours, the Company may refer it to a manager with national industrial relations responsibility. · • If still not settled, the matter may then be submitted to the Fair Work Commission for resolution by either party, which will include conciliation and arbitration as required. Any decision of the Commission under this clause must be consistent with the requirements of the National Code of Practice for the Construction Industry as varied from time to time; the Implementation Guidelines for the National Code of Practice for the Construction Industry as varied from time to time; and all applicable legislation. While 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 are trying to resolve the matter dispute using the procedures in dispute this term: • 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 • an Employee must comply with a direction given by the parties shall jointly Employer to perform other available work at the same workplace, or individually refer at another workplace, unless:
i. the matter work is not safe; or
ii. applicable occupational health and safety legislation would not permit the work to be performed; or
iii. the AIRC work is not appropriate for arbitration before member Commissioner XX Xxxxxx the Employee to perform; or
iv. there are other reasonable grounds for the Employee to refuse to comply 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 heredirection.
Appears in 1 contract
Samples: Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. The 15.1 A dispute or grievance must be dealt with in the following procedure for manner: It is the avoidance or resolution intention of disputes this Agreement to eliminate disputes. It is agreed that the parties to this Agreement shall applyconfer in good faith with a view to resolving the issue causing the disputation at the workplace.
11.1 The employee/s concerned shall 15.2 Where appropriate the matter must first meet and confer be discussed by the aggrieved Employee with their his or her 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 15.3 If the matter is not settled, the Employee can require that the matter be discussed with another representative of the Employer appointed for the purposes of this procedure. The Employee is entitled to have a representative of his/her choice present at this discussion.
15.4 If a dispute in relation to a matter arising under the agreement is unable to be resolved at such a meeting further discussions involving more senior management the workplace, and all agreed steps for resolving it have been taken, the employee representative will take placedispute may be referred to the Commission for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. 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.
11.4 The employee representative shall 15.5 It is a term of this Agreement that while the dispute resolution procedure is being conducted work will continue normally unless an Employee has a reasonable concern about an imminent risk to his or her health or safety.
15.6 Any dispute referred to the Commission under this clause should be allowed, at dealt with by a place designated member agreed by the Companyparties at the time or, in default of Agreement, a reasonable period member nominated by either the head of time during working hours to interview external advisors requested by the employee representative, in relevant panel or the workplacePresident.
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 15.7 The decision of the problem;Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
11.5.2 throughout all stages of the procedure all relevant facts must be clearly identified 15.8 GSL and recorded; and
11.5.3 sensible time limits must be allowed for completion of the various stages of discussion. However, the parties Employees must co-operate to ensure that the disputes resolution procedure is these procedures are carried out as quickly as possibleexpeditiously.
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.
Appears in 1 contract
Samples: Collective Employment Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for (a) In the avoidance event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or resolution employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of disputes shall applymanagement as appropriate.
11.1 The employee/s concerned shall first meet and confer with their immediate supervisor. The employee/s (b) A party to the dispute may appoint another person person, organisation or association to act on their behalf including an employee representativeaccompany or represent them in relation to the dispute.
11.2 Subject (c) If a dispute in relation to 11.7 below, where an employee representative a matter arising under the agreement is involved, he or she shall unable to 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 agreed steps for completion of the various stages of discussion. Howeverresolving it have been taken, 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 dispute 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 referred to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving the matter through conciliation.
11.6.3 If resolution by mediation and/or conciliation fails to resolve and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the parties AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
(d) It is a term of this agreement that while the dispute settlement procedure is being conducted work shall jointly continue normally unless an employee has a reasonable concern about an imminent risk to his or individually refer her health or safety. Subject to the matter concern re OHS, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
(e) Any dispute referred to the AIRC for arbitration before under this clause should be dealt with by a member Commissioner XX Xxxxxx with agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President.
(f) The decision of the AIRC member XX Xxxxx and MAG Gay as will bind the parties, subject to either party exercising a substitute if right of appeal against the first mentioned member is unavailabledecision to a Full Bench. The substitutes shall be called on in the order they are listed here.EBA Wage Structure - Year 1 2003 EBA Year 3 base wage % Increase $$ increase Base Gross Weekly Wages Full potential Attendance bonus (paid monthly) Total Potential Weekly Earnings including attendance bouns % $$ 2.50% Day Shift Service year 1 550.00 6.0% $ 33.00 583.00 58.30 $ 597.58 Service year 2 550.00 8.0% $ 44.00 594.00 59.40 $ 608.85 Sevice year 3+ 550.00 9.5% $ 52.25 602.25 60.23 $ 617.31 Afternoon Shift (15%load) Service year 1 632.50 6.0% $ 37.95 670.45 67.05 $ 687.21 Service year 2 632.50 8.0% $ 50.60 683.10 68.31 $ 700.18 Sevice year 3+ 632.50 9.5% $ 60.09 692.59 69.26 $ 709.90
Appears in 1 contract
Samples: Enterprise Bargaining Agreement
DISPUTE SETTLEMENT PROCEDURE. The In the event of a dispute arising in relation to this agreement every endeavour shall be made to amicably settle the same by direct negotiations and consultation between the parties to this agreement. To facilitate the settlement of any such dispute the following procedure for the avoidance or resolution channels of disputes communication shall apply.
11.1 : • The employeeemployee(s) shall discuss the matters affecting him/s concerned shall first meet and confer her/them with his/her/their immediate delegated supervisor. The employeeIf the matter is not resolved within 48 hours at this level the employee may discuss the matter with his/s may appoint another person her/their union representative at a time suitable 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 . Permission for such discussion shall not be unreasonably withheld. The accredited union representative shall discuss matters affecting the employee(s) he/she represents with the supervisor in charge of the work. If agreement is not reached within 24 hours at this level a union representative shall approach the responsible department head or his/her nominee for further discussion. If the matter is not resolved at such a meeting further these discussions involving more senior within 24 hours the union representative shall notify the appropriate union official of the nature of the matter in dispute and discussions shall then be carried out within the next 24 hours between representatives of the 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 discussionunion. 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 of the negotiations between the management and the union not resolving the matter in dispute within 24 hours either party shall be at liberty to refer the matter to a more senior level the CEO or it his nominee who shall determine the matter within 24 hours. It is agreed that such a reference would not resolve work shall continue during the matter period of negotiation, discussion and consultation except in the parties case of work which is unsafe. In any case where work is considered to be unsafe the management shall jointly be immediately consulted to determine whether safety regulations are being observed. Work shall continue in those areas considered to be safe and other workers may be relocated to these areas. The time limits specified above are cumulative and may be extended by mutual agreement. Notwithstanding the above, either may refer unresolved matters or individually refer the matter disputes to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving the matter through conciliationresolution by conciliation and/or arbitration.
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.
Appears in 1 contract
Samples: Employee Collective Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for 25.1 In the avoidance event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or resolution employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of disputes shall applymanagement as appropriate.
11.1 The employee/s concerned shall first meet and confer with their immediate supervisor. The employee/s 25.2 A party to the dispute may appoint another person person, organization or association to act on their behalf including an employee representativeaccompany or represent them in relation to the dispute.
11.2 Subject 25.3 In order 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 disputesprocedure in sub-clause 25.1:
11.5.1 (a) the party with the grievance must notify the other party part at the earliest opportunity of the problem;
11.5.2 (b) throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and;
11.5.3 (c) sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate cooperate to ensure that the disputes resolution procedure is procedures are carried out as quickly as possible.
11.6 25.4 If a dispute in relation to a matter arising under the matter remains unresolved
11.6.1 If agreement is unable to be resolved at the matter remains unresolvedworkplace, and all agreed steps for resolving it have been taken, the Company dispute 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 referred to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving resolution by mediation and/or conciliation and, where the matter through conciliationin dispute remains unresolved, arbitration. If arbitration is necessary, the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
11.6.3 If conciliation fails 25.5 Any dispute referred to the AIRC under this clause should be dealt with by a member nominated by either the head of the relevant panel or the President.
25.6 The decision of the AIRC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
25.7 The parties agree that in the event of the AIRC not being able to deal with a dispute then an independent arbitrator will be appointed by agreement by the parties at the time.
25.8 Whilst the parties are attempting to resolve the matter in dispute the parties shall jointly will continue to work in accordance with the Award, this Agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or individually refer the matter her health or safety. Subject to the AIRC for arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx relevant provisions of occupational health and MAG Gay as a substitute safety legislation, even if the first mentioned member 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 the company to perform other available work, whether at the same enterprise or another enterprise, that is unavailable. The substitutes shall safe and appropriate for the employee to perform.
26.9 Any outcome determined by a third party must be called on in consistent with the order they are listed hereNational Code of Practice for the Construction Industry and the Australian Government Implementation Guidelines.
Appears in 1 contract
Samples: Collective Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for 29.1 If a dispute arises about the avoidance meaning or resolution application 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 belowthis Agreement or the NES, 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 representativeparties agree that, in the workplacefirst instance, they will attempt to resolve the dispute at the workplace level, by discussions between the Employee and the relevant supervisors and/or management.
11.5 To facilitate 29.2 An Employee who is a party to the speedy and efficient resolution dispute may appoint a representative for the purposes of disputesthe procedures in this clause.
29.3 The procedure to be followed is:
11.5.1 (a) The Employee must contact their immediate supervisor and inform him/her of the party concern. If required, the supervisor will arrange a meeting to discuss the matter further. The Employee must detail what their concern is and how it is impacting on them. The supervisor will provide a response to the matter raised.
(b) If the Employee does not consider the matter to be resolved, he/she may request that the matter be further considered by relevant management. The supervisor will arrange a meeting with relevant management. The Employee will be asked to provide the reason(s) why they do not consider the matter to be resolved. The relevant management will provide a response to the matter in a timely manner.
(c) If the Employee still does not consider the matter to be resolved, he/she may request the matter be reviewed by the Employer's general manager. The relevant management will arrange for the Employee to meet with the grievance must notify Employer's general manager. During 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. Howevermeeting, the parties Employee must co-operate explain what their concern is, and why they do not consider the matter to ensure that be resolved. The Employer's general manager will provide a response to the disputes resolution procedure is carried out as quickly as possibleEmployee.
11.6 29.4 If the matter remains unresolved
11.6.1 If unresolved at the matter remains unresolvedconclusion of 29.3(c) above, either the Company Employee or the Employer 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”) FWC for assistance in resolving the matter through mediation or conciliation.
11.6.3 If conciliation fails 29.5 The FWC will attempt to resolve the dispute as it considers appropriate, by mediation or conciliation (including by private conference). During the mediation and conciliation state, the FWC has the power to dismiss a matter if the FWC forms the view that:
(a) The application is trivial or frivolous;
(b) The matter is incapable of resolution within a timeframe the FWC considers reasonable; or
(c) The Employee or its representative is acting unreasonably in failing to resolve the dispute.
29.6 Subject to all of the preceding steps set out in subclauses 29.1 to 29.5 having being completed, the FWC may only arbitrate the dispute if at the time of the dispute, each party to the dispute including:
(a) the relevant Employee(s);
(b) any Employee(s) representative; and
(c) the Employer all agree in writing to authorise the FWC to arbitrate the dispute.
29.7 Any decision made by the FWC in relation to the arbitration of the dispute will only be binding on the parties shall jointly or individually refer if at the matter time of the dispute and prior to the AIRC for arbitration before member Commissioner XX Xxxxxx arbitration, each party to the dispute including:
(a) the relevant Employee(s);
(b) any Employee(s) representative; and
(c) the Employer
29.8 Any arbitrated decision by the FWC is subject to the Employer exercising a right of appeal against the arbitrated decision of the FWC to the Full Bench of the FWC under the FW Act.
29.9 While the parties are trying to resolve the dispute using the procedures in this clause:
(a) The Employee must continue to perform his or her work as he or she would normally; and
(b) The Employee must comply with AIRC member XX Xxxxx and MAG Gay as any directions given by the Employer to perform other available work at the same workplace, or at another workplace.
29.10 The parties to the dispute agree to be bound by a substitute if decision made by the first mentioned member is unavailable. The substitutes shall be called on FWC in the order they are listed hereaccordance with this term.
Appears in 1 contract
Samples: Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for 16.1 In the avoidance event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or resolution employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of disputes shall applymanagement.
11.1 The employee/s concerned shall first meet and confer with their immediate supervisor. The employee/s 16.2 A party to the dispute may appoint another person person, organisation or association to act on their behalf including an employee representativeaccompany or represent them in relation to the dispute.
11.2 Subject 16.3 If a dispute is unable 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 agreed steps for completion of the various stages of discussion. Howeverresolving it have been taken, 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 dispute 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 referred to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving the matter through conciliationconciliation and/or mediation.
11.6.3 16.4 If conciliation fails the dispute remains unresolved, the dispute will be submitted to resolve the AIRC for arbitration. Any dispute referred to the AIRC under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President.
16.5 The AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. The decision of the AIRC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
16.6 If the AIRC is unable to deal with the dispute, the dispute may be referred to the Dispute Settlement Centre of Victoria (DSCV), for resolution by mediation and/or conciliation. If the matter in dispute remains unresolved the parties dispute will be submitted for arbitration.
16.7 The AIRC and/or DSCV cannot make any decision requiring damages, penalties, compensation or the like.
16.8 Whilst these processes are being followed, work shall jointly continue in accordance with this Agreement and employees’ contract of employment, unless an employee has a reasonable concern about an imminent risk to his or individually refer her health or safety. If such concern exists, the matter employee must not unreasonably fail to comply with a direction of the AIRC employer to perform other available work, whether at the same or another workplace, that is safe and appropriate 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 hereemployee to perform.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISPUTE SETTLEMENT PROCEDURE. 14.1 The following procedure for the avoidance or resolution of disputes over the application of the agreement shall apply.. The mechanism and procedures for resolving industrial disputes is as follows:
11.1 14.1.1 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 14.1.2 Subject to 11.7 belowclause 14.1.1, 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 14.1.3 If the matter is not resolved at such a meeting further discussions involving more senior management and if the employee(s) so requests, employee representative representatives (on behalf of the employee(s)) will take place.
11.4 14.1.4 The employee or an employee representative – if they have been appointed by an employee to represent them- shall be allowed, at a place designated by the Companycompany, a reasonable period of time during working hours to interview external advisors requested by the employee or employee representative, in the workplace.
11.5 14.2 To facilitate the speedy and efficient resolution of disputes:
11.5.1 14.2.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 14.2.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 14.2.3 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 14.2.4 If the matter remains unresolved
11.6.1 If unresolved the matter remains unresolvedcompany, or the Company employee who is party to the dispute 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 it to the Australian Industrial Relations Commission alternative dispute resolution provider (“AIRCADR provider”) specified in this agreement for assistance in resolving the matter through conciliation.
11.6.3 14.2.5 An employee representative may refer a dispute to the ADR provider on an employee’s behalf where an employee representative has been instructed to do so by the employee.
14.2.6 Notwithstanding the above, if a matter arises directly between the parties to this agreement or if the parties otherwise agree, without all the steps in this procedure being followed, the matter may be referred directly to the specified ADR provider for conciliation.
14.2.7 If conciliation fails to resolve the matter in dispute the parties specified ADR provider shall jointly or individually refer resolve the matter by arbitration.
14.2.8 Any arbitrated decision of the specified ADR provider will be subject to either party’s right of appeal to the AIRC for arbitration before member Commissioner XX Xxxxxx Full Bench of the Commission. A right of appeal to the Full Bench will be subject to the ordinary limitations that apply under s.120 of the Workplace Relations Act.
14.3 Subject to sub-clause 14.4, whilst the parties are attempting to resolve the matter the employee/company will continue to work in accordance with AIRC member XX Xxxxx the Award and MAG Gay as this agreement and their contract of employment, unless the employee has a substitute reasonable concern about an imminent risk to his or her health or safety. Subject to the relevant provisions of the State occupational health and safety law, if the first mentioned member 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 the company to perform other available work, whether at the same enterprise or another enterprise, that is unavailablesafe and appropriate for the employee to perform.
14.4 Whilst these processes are being followed the company, employees or union shall not invoke stoppages of work, lockouts or other bans or limitations on the performance of work and the company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise. Provided that the provisions of Clause 12 - Meetings shall continue to apply.
14.5 The substitutes shall be called company will release elected employee representatives from work without loss of pay to attend AIRC conferences and hearings subject to the company agreeing the appropriate number of representatives. This provision limits the number of employee representatives released to three representing all maintenance personnel on in the order they are listed heresite.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISPUTE SETTLEMENT PROCEDURE. 16.1 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 mechanism and procedures for resolving industrial disputes will include, but not be limited to act on their behalf including an employee representative.the following:
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 16.1.1 To facilitate the speedy and efficient ensure timely resolution of disputes:a dispute or grievance
11.5.1 the (a) The party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 throughout (b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and;
11.5.3 sensible (c) 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 procedures are carried out as quickly as possible.
11.6 16.2 The employee/s concerned will first meet and confer with their immediate supervisor. After the employee has conferred and worked through the issue with the supervisor, the employee/s may appoint another person to act on their behalf .
16.2.1 Where a shop xxxxxxx or delegate is involved he/she shall be allowed the necessary time during working hours to interview the employee/s and the supervisor.
16.2.2 If the matter remains unresolved
11.6.1 If is not resolved at such a meeting the matter remains unresolved, the Company may refer it to a parties will arrange further discussions involving more senior level of management or may appoint a representativeas appropriate. The employee may invite an alternative or more senior employee representative a union official to be involved in the discussions. The employer may also invite into the discussions an officer of the employer Organisation to which the employer belongs.
11.6.2 In the event there is no agreement to refer 16.2.3 If the matter to a more senior level or it is agreed not resolved through the steps above, the parties agree that such a reference would not resolve the matter the parties shall jointly or individually refer the matter will be referred to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving dispute settlement. During the matter through conciliation.period of dispute resolution at the AIRC all parties will abide by 16.3 and 16.4
11.6.3 If conciliation fails 16.3 Whilst the parties are attempting to resolve the matter the parties will continue to work in dispute accordance with the Award, Workplaces Legislation, and this agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or her health or safety. Subject to the relevant provisions of the State occupational health and 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 the company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
16.4 Whilst these processes are being followed the parties shall jointly be committed to avoid stoppages of work, lockouts or individually refer other bans or limitations on the matter to performance of work and the AIRC for arbitration before member Commissioner XX Xxxxxx company shall ensure that all practices applied during the operation of the procedure are in accordance with AIRC member XX Xxxxx safe working practices and MAG Gay as a substitute if consistent with established custom and practice at the first mentioned member is unavailable. The substitutes shall be called on in the order they are listed hereenterprise.
Appears in 1 contract
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes shall apply.. The mechanism and procedures for resolving industrial disputes will be as follows:
11.1 17.1 The employee/s concerned shall will 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 17.2 Subject to 11.7 below17.3 and 17.4, where an employee representative is involved, he or involved he/she shall be allowed the necessary time during working hours to interview the employee/s and the supervisor.
11.3 17.3 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management and as appropriate. The employee may appoint another person to act on the employee’s behalf including an employee representative will take placeto be involved in the discussion. The Company may also invite into the discussions an officer of the employer organisation to which the employer belongs.
11.4 17.4 The employee representative shall be allowed, allowed at a place designated by the Companyemployer, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in duly accredited union officials of the workplaceunion to which they belong.
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 17.5 If the matter remains unresolved
11.6.1 If the matter remains unresolved, unresolved the Company may refer it to a more senior level of management or may appoint to a representativemore senior national officer within the employer organisation. The employee may invite an alternative or a more senior employee representative union official 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 conciliationmatter.
11.6.3 If conciliation fails 17.6 In the event the dispute is to be referred to the AIRC the parties are agreed to the nomination of individual Commissioners from an agreed panel. The parties also will empower the Commission to conciliate and if by agreement to arbitrate on any matter (whether contained in this agreement or not) to facilitate the effective resolution of the dispute. The nominated Commissioners of the AIRC agreed by the parties include Senior Deputy President Xxxxx and Commissioners Xxxxx, Xxxxx, Xxxxx, Xxxxx, Xxxxxxx and Xxxx
17.7 In order to facilitate the procedure in clause 17:
(a) The party with the grievance must notify the other party at the earliest opportunity of the problems;
(b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;
(c) 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 procedures are carried out as quickly as possible.
17.8 This Agreement is based on the Metal, Engineering and Associated Industries Award 1998 as it stood on 26th March 2006 (“Award”) and the prior EBA’s. Where ther is any uncertainty or ambiguity over the interpretation of this Agreement the Award and the prior EBA’s may be used to assist in the interpretation of this Agreement
17.9 Whilst the parties are attempting to resolve the matter in dispute the parties shall jointly will continue to work in accordance with this Agreement, and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or individually refer the matter her health or safety. Subject to the AIRC for arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx relevant provisions of the State occupational health and MAG Gay as a substitute safety law, even if the first mentioned member 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 the company to perform other available work, whether at the same enterprise or another enterprise, that is unavailable. The substitutes safe and appropriate for the employee to perform.
17.10 Whilst these processes are being followed the parties are, committed to avoiding stoppages of work, lockouts or other bans or limitations on the performance of work and the company shall be called on ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the order they are listed hereenterprise.
Appears in 1 contract
Samples: Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. 12.1 The following matters to be dealt with in this procedure for shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the avoidance parties agree on and are specified herein. Such procedures shall apply to a single employee or resolution to any number of disputes shall applyemployees.
11.1 The employee/s concerned 12.2 In the event of an employee having a grievance or dispute the employee shall in the first meet and confer instance attempt to resolve the matter with their the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. The Where the dispute concerns alleged actions of the immediate supervisor the employee/s may appoint another person bypass this level in the procedure. An employee may choose to act on their behalf including an employee representativeinvolve a representative at any or all stages of this procedure.
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 12.3 If the matter grievance or dispute is not resolved at such a meeting further discussions involving more senior management and under clause 12.2 the employee representative will take place.
11.4 The employee representative shall be allowedor, at a place designated by if 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. Howeveremployees so chooses, 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 employee’s nominated representative 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 the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee’s nominated representative.
12.4 If the grievance involves allegations of unlawful discrimination by a more supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 12.5
12.5 If the grievance or dispute is still unresolved after discussions mentioned in clause 12.2, the matter shall be reported to the senior level or management of the employer and the employer’s nominated representative. This should occur as soon as it is agreed evident that such a reference would discussions under clause 12.2 will not resolve likely result in resolution of the matter dispute.
12.6 If the grievance or dispute remains unresolved after the parties shall jointly or individually have genuinely attempted to reach a resolution in accordance with clauses 12.2 to 12.6, either party may refer the matter grievance or dispute to the Australian Industrial Relations Commission (“AIRC”'the Commission') under Division 5 of Part 13 of the Workplace Relations Act 1999 (Cth) ('the Act') for assistance in resolving resolution. Subject to the matter through conciliationprocedures of the Commission, a grievance or dispute that is referred to the Commission under this clause.
11.6.3 12.7 If conciliation fails to resolve for any reason an appointment cannot be made in accordance with the matter in above, the grievance or dispute will be dealt with by a member nominated by either the parties shall jointly head of the relevant panel or individually refer the matter to President of 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 hereCommission.
Appears in 1 contract
Samples: Collective Agreement
DISPUTE SETTLEMENT PROCEDURE. 10.1 In the event of a dispute arising in the workplace about matters arising under this agreement the procedure to resolve the matter will be as follows:
10.1.1 The following procedure for employee and the avoidance or resolution of disputes shall applyemployee's supervisor meeting and conferring on the matter.
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 10.1.2 If the matter is not resolved at such a meeting this meeting, the parties must arrange for further discussions involving between the employee and more senior management levels of management.
10.1.3 If the matter cannot be resolved it may be referred by a party to the Australian Industrial Relations Commission for resolution. This does not affect the right of either party to a dispute to take other action to resolve the dispute.
10.2 An employee may choose to have an employee representative of their choice, including a Union representative, to represent and support them at any stage of the dispute resolution procedure. Any representative nominated by the employee representative pursuant to this dispute resolution procedure will take place.
11.4 The employee representative shall be allowed, at a place designated by the Company, a reasonable period of the necessary time during working hours to interview external advisors requested by support the employee.
10.3 While the parties attempt to resolve a dispute employees must continue to work as normal in accordance with this agreement and their contracts of employment unless an employee has a reasonable concern about imminent risk to safety or health. In this case, an employee must not unreasonably fail to comply with a direction of the Company to perform other available work, whether at the same or another workplace that was safe and appropriate for the employee representative, in the workplaceto perform.
11.5 To facilitate 10.4 If a dispute is referred to the speedy and efficient resolution of disputes:
11.5.1 Commission for resolution, the party with the grievance must notify the other party at the earliest opportunity Commission can take any or all 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 following actions 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 considers appropriate to resolve the dispute:
10.4.1 convene conciliation conferences of the parties or their representatives at which the Commission is present;
10.4.2 require the parties or their representatives to confer among themselves at conferences at which the Commission is not present;
10.4.3 request, but not compel, a person to attend proceedings;
10.4.4 request, but not compel, a person to produce documents;
10.4.5 where either party requests, make recommendations about particular aspects of a matter about which they are unable to reach agreement;
10.4.6 where the matter, or matters, in dispute cannot be resolved (including by conciliation) and one party or both request, arbitrate or otherwise determine the parties shall jointly matter, or individually refer matters, in dispute.
10.5 The Commission must follow due process and allow each party a fair and adequate opportunity to present their case.
10.6 Any determination by the matter Commission under paragraph 10.4.6 must be in writing if either party so requests, and must give reasons for the determination.
10.7 Any determination made by the Commission under paragraph 10.4.6 must be consistent with applicable law and must not require a party to act in contravention of an applicable industrial instrument or law. Where relevant, and circumstances warrant, the AIRC for arbitration before member Commissioner XX Xxxxxx Commission can consider previous decisions of the Commission.
10.8 The Commission must approach matters regarding management decisions in accordance with AIRC member XX Xxxxx and MAG Gay as a substitute if the first mentioned member is unavailable. The substitutes shall be called on general principles set out in the order they XPT case [(1984) 295 CAR 188].
10.9 The Commission must not issue interim orders, 'status quo' orders or interim determinations.
10.10 The parties are listed hereentitled to be represented including by legal representatives, in proceedings pursuant to this dispute resolution procedure.
Appears in 1 contract
Samples: Workplace Agreement
DISPUTE SETTLEMENT PROCEDURE. 36.1 The following procedure for settling disputes and grievances will be followed by the avoidance or resolution of disputes shall applyparties.
11.1 36.1.1 The employee/s Employee(s) concerned shall first meet and confer will discuss the matter with their the 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 cannot be resolved at such a meeting further discussions involving more senior management this level the supervisor will, within two working days (excluding weekends 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 public holidays) refer the matter remains unresolved
11.6.1 If the matter remains unresolved, the Company may refer it in writing to a more senior level of management or may appoint a representative. The employee may invite an alternative or more senior employee representative to officer nominated by the Employer and the Employee (s) will be involved advised accordingly in the discussionswriting.
11.6.2 In the event there is no agreement to refer 36.1.2 The senior officer will, if able, answer the matter to a more raised within five days of it being referred and if the senior level or it officer is agreed that such a reference would not resolve the matter the parties shall jointly or individually so able, refer the matter to the Australian Industrial Relations Commission (“AIRC”) Employer for assistance in resolving his/her attention, and the Employees will be advised accordingly.
36.1.3 The Employer will as soon as practicable after considering the matter through conciliationbefore it, advise the Employee(s) of its decision. Provided that such advice
36.2 Nothing in this procedure will preclude the parties reaching agreement to shorten or extend the period specified above.
11.6.3 36.3 If a dispute in relation to a matter arising under the Agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Commission for resolution by conciliation fails to resolve and, where the matter in dispute remains unresolved, arbitration. 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.
36.4 Any dispute referred to the Commission under the clause should be dealt with by a member agreed by the parties shall jointly at the time or, in default of agreement, a member nominated by either the head of the relevant panel or individually refer the matter President.
36.5 The decision of the member will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
36.6 The status quo, (i.e. the condition applying prior to the AIRC for arbitration before member Commissioner XX Xxxxxx issue arising) will remain until the process specified in accordance with AIRC member XX Xxxxx and MAG Gay as a substitute if the first mentioned member procedure outlined above is unavailable. The substitutes shall be called on completed.
36.7 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the order they are listed heredispute.
Appears in 1 contract
Samples: Collective Workplace Agreement
DISPUTE SETTLEMENT PROCEDURE. 1.15.1 This clause provides a procedure to settle disputes relating to this Agreement, the NES, an employment matter, or a matter about a workplace right that has been breached.
1.15.2 All parties to the Agreement acknowledge that the best way to deal with disputes that may arise is to reach agreement between persons involved. The following procedure for parties acknowledge that the avoidance or processes of mutual cooperation, listening and understanding will result in the best resolution of disputes shall applyany disputes.
11.1 The employee/s concerned shall first meet 1.15.3 All parties to the Agreement will always endeavour to have specific issues resolved between managers and confer with their immediate supervisorEmployees that are directly involved while recognising the assistance that a mediator can provide in helping agreement to be reached.
1.15.4 All parties to the agreement recognise that drafting this agreement in clear language and having an open and honest negotiation process that involves all stakeholders will help to minimise disputes. The employee/s may appoint another person to act on Employer, Employees, and their behalf including nominated representatives support an employee representativeeducation program of both Employees and managers regarding the content of this agreement as critical.
11.2 Subject 1.15.5 At any stage of the dispute resolution process an Employee may choose to 11.7 belowbe represented by a representative of their choice.
Step 1: Any dispute will, where an employee representative is involvedin the first instance, he or she shall be allowed discussed between the necessary time during working hours to interview the employee/s Employee(s) concerned and the supervisorimmediate manager involved. The manager must make a genuine attempt to resolve the matter promptly.
11.3 Step 2: If the matter cannot be resolved in Step 1, the matter will be referred to the appropriate senior manager who will attempt to resolve the matter promptly. The senior manager will first consult with the affected Employees and if requested by those employees, their nominated Employee representative(s) (if any) when endeavouring to resolve the matter. Where agreed between the Employee or their representative and the Employer, steps 1 and 2 can be disregarded in the interest of relevance and from step 3 onwards pursued.
Step 3: If not resolved in Step 2, the matter will be immediately referred, for discussion between a manager with industrial relations responsibility and the Employee.
Step 4: If the matter is still not resolved at such a meeting further discussions involving more senior management and party to 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 dispute 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 FWC. The FWC will first attempt to resolve the matter in dispute the parties shall jointly as it considers appropriate, including by mediation, conciliation, expressing an opinion or individually refer making a recommendation.
Step 5: If the matter to remains unresolved after Step 4, then the AIRC for arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx and MAG Gay as a substitute if FWC can arbitrate the first mentioned member is unavailable. The substitutes shall be called on in the order they are listed heredispute.
Appears in 1 contract
Samples: Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. 9.1 Any dispute arising from this Agreement or in relation to the NES will be dealt with in accordance with the following procedure:
(a) The following procedure for matter will first be discussed between the avoidance or resolution of disputes shall applyEmployee affected and the appropriate Team Manager.
11.1 The employee/s concerned shall first meet and confer with their immediate supervisor. The employee/s may appoint another person to act (b) If not settled, the matter will be discussed between the Employee, or where the Employee elects, a representative of the Employee’s choosing 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 of the necessary time during working hours to interview the employee/s Employee and the supervisor.
11.3 relevant DC manager or other appropriate representative of Kmart. If the matter is not resolved settled at such a meeting further discussions involving more senior management this stage, all relevant facts will be recorded in writing and provided to all parties before the employee representative will take placematter progresses to stage (c).
11.4 The employee (c) If not settled, the matter will be discussed between a senior official of the Union (where applicable) and an appropriate representative shall of Kmart. Provided that an Employee may elect to be allowed, at represented by an Employee of their choice rather than by a place designated by representative or official of the Company, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplaceUnion.
11.5 To facilitate the speedy and efficient resolution 9.2 A time limit 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 two (2) working days will apply to each step 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 set out as quickly as possiblein clause 9.1.
11.6 If the matter remains unresolved
11.6.1 If the matter remains unresolved9.3 At all times, 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, while the dispute settlement procedure is in process, work must continue to be performed in accordance with Kmart’s direction, without limitation or stoppage. Subject to applicable OH&S legislation, an Employee must not unreasonably fail to comply with a direction by Kmart to perform work, whether at the same or another workplace, that such a reference would not resolve is safe and appropriate for the matter Employee to perform. For disputes regarding an Employee’s roster, the parties shall jointly or individually refer Employee will continue to work in accordance with the matter Employee’s existing roster, as it was immediately prior to the Australian Industrial Relations Commission (“AIRC”) for dispute arising, until the dispute is resolved.
9.4 No party shall be prejudiced in relation to the final settlement by the continuance of work in accordance with this clause.
9.5 It will be open to either party at any time to seek the assistance of the FWC in resolving any dispute by the matter through conciliationprocesses of conciliation and/or arbitration and to be represented in such proceedings by the representative(s) of their choice.
11.6.3 If conciliation fails 9.6 In order to resolve the matter effectively deal with issues raised by Employees in dispute the parties shall jointly or individually refer the matter relation to this Agreement, delegates will be allowed downtime. Subject to the AIRC for arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx and MAG Gay as a substitute if delegate advising the first mentioned member is unavailable. The substitutes shall line manager, the delegate will be called on in the order they are listed here.allowed two
Appears in 1 contract
Samples: Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. 12.1 The following procedure for the avoidance or resolution of disputes shall apply.. The mechanism and procedures for resolving industrial disputes (including disputes arising under this Agreement and the NES) will include, but not be limited to the following:
11.1 a). The employee/s concerned concerned, with their representatives which can include a shop xxxxxxx and/or Union shall first meet and confer with their immediate supervisorsupervisor or other appropriate person.
b). The employee/s may appoint another person a representative to act on their behalf including a Shop Xxxxxxx.
c). Where a representative who is 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 d). If the matter is not resolved at such a meeting further discussions involving more senior management and the employee representative representatives will take place.
11.4 12.2 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 12.3 To facilitate the speedy and efficient resolution of disputes:
11.5.1 a). the party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 b). throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 c). 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 12.4 If parties have substantially followed the matter remains unresolved
11.6.1 If above procedure and the matter remains unresolved, the Company parties by agreement may seek assistance through an agreed third party to assist in resolving the issue.
12.5 If any party fails or refuses to follow any step of this procedure the non breaching party shall not be obligated to continue through the remaining steps of the procedure, and may immediately seek relief by application to the Fair Work Commission.
12.6 If the matter remains unresolved the parties may, jointly or individually, refer it to the Fair Work Commission.
12.7 Notwithstanding the above, if a more senior level of management matter arises directly between the parties to this Agreement or if the parties otherwise agree, without all the steps in this procedure being followed, the matter may appoint a representativebe referred directly to the Fair Work Commission for conciliation.
12.8 If conciliation fails to resolve to matter in dispute, the Fair Work Commission shall resolve the matter by arbitration. The employee may invite an alternative Fair Work Commission in conciliating or more senior employee representative arbitrating a dispute under this clause shall have access to be involved the powers as set out in the discussionsFair Work Act 2009.
11.6.2 In 12.9 Subject to the event there is no agreement right of appeal, the parties shall abide by the arbitrated decision.
12.10 Subject to refer sub-clause 12.11, whilst the matter parties are attempting to a more senior level or it is agreed that such a reference would not resolve the matter the parties shall jointly will continue to work in accordance with Attachment 1, this Agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or individually refer the matter her health or safety. Subject to the Australian Industrial Relations Commission (“AIRC”) relevant provisions of the State Occupational Health and 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 the company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for assistance in resolving the matter through conciliationemployee to perform.
11.6.3 If conciliation fails to resolve the matter in dispute 12.11 Whilst these processes are being followed the parties shall jointly be committed to avoid stoppages of work, lockouts or individually refer other bans or limitations on the matter to performance of work and the AIRC for arbitration before member Commissioner XX Xxxxxx company shall ensure that all practices applied during the operation of the procedure are in accordance with AIRC member XX Xxxxx safe working practices and MAG Gay as a substitute if consistent with established custom and practice at the first mentioned member is unavailable. The substitutes shall be called on in the order they are listed hereenterprise.
Appears in 1 contract
Samples: Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes shall apply.
11.1 14.1 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 14.2 Subject to 11.7 14.11, 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 14.3 If the matter is not resolved at such a meeting further discussions involving more senior management and the employee representative representatives will take place.
11.4 14.4 The employee representative shall be allowed, at a place designated by the Companycompany, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplace.
11.5 14.5 To facilitate the speedy and efficient resolution of disputes:
11.5.1 14.5.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 14.5.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 14.5.3 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 14.6 If the matter remains unresolved
11.6.1 If unresolved the matter remains unresolvedparties may, the Company may jointly or individually, 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 dispute resolution provider (“AIRCADR provider”) specified in this agreement for assistance in resolving the matter through conciliation.
11.6.3 14.7 Notwithstanding the above, if a matter arises directly between the parties to this agreement or if the parties otherwise agree, without all the steps in this procedure being followed, the matter may be referred directly to the specified ADR provider for conciliation.
14.8 If conciliation fails to resolve the to matter in dispute the parties specified ADR provider shall jointly or individually refer resolve the matter to by arbitration.
14.9 For all disputes over the AIRC for arbitration before member Commissioner XX Xxxxxx matters dealt 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 Part 2 in the order they are clauses listed here.below:
1. Wage increases
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes shall apply.
11.1 27.1 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 27.2 Subject to 11.7 27.9 and 27.10, 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 27.3 If the matter is not resolved at such a meeting further discussions involving more senior management and the employee representative representatives will take place.
11.4 27.4 The employee representative shall be allowed, at a place designated by the Companycompany, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplace.
11.5 27.5 To facilitate the speedy and efficient resolution of disputes:
11.5.1 27.5.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 27.5.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 27.5.3 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 27.6 If the matter remains unresolved
11.6.1 If unresolved the matter remains unresolvedparties may, the Company may jointly or individually, 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 Victorian Metal, Engineering and Associated Industries Disputes Panel (“AIRCDisputes panel”) for assistance conciliation. The Disputes panel shall deal with disputes in resolving accordance with the Victorian Metal, Engineering and Associated Industries Disputes Panel Charter.
27.7 Notwithstanding the above, if a matter arises directly between the parties to this agreement or if the parties otherwise agree, without all the steps in this procedure being followed, the matter through may be referred directly to the Disputes panel for conciliation—however, this subclause does not allow for a union to refer a dispute concerning a particular employee or employees to conciliation unless that employee or those employees so choose.
11.6.3 27.8 If conciliation fails to resolve to matter in dispute the Disputes panel shall resolve the matter by arbitration.
27.9 Subject to 27.10, below, whilst the parties are attempting to resolve the matter the pre-dispute status quo shall prevail. Where the dispute arises from a decision of the company the situation that prevailed prior to that decision shall prevail. Subject to this agreement, the parties will continue to work in accordance with this agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or her health or safety in which case the employee must not unreasonably fail to comply with a direction by the company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
27.10 Subject to the pre-dispute status quo, whilst these processes are being followed the parties shall be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.
(a) take evidence on oath or affirmation;
(b) make an order in relation to all or any matters in dispute including an interim order and an order for specific performance of the terms of the agreement (the term “order” herein used does not mean an order for the purposes of the Act. Rather, an order made under this procedure has effect as if it were a term of this agreement);
(c) give a direction, in the course of, or for the purpose of, the hearing or determination of the matter in dispute;
(d) hear and determine the matter in dispute in the absence of a party who has been summoned or served with a notice to appear;
(e) sit at any place;
(f) conduct its proceedings, or any part of its proceedings, in private;
(g) adjourn to any time and place;
(h) refer any matter to an expert and accept the expert’s report as evidence;
(i) direct parties to be joined or struck out;
(j) allow the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding;
(k) correct, amend, or waive any error, defect or irregularity, whether in substance or form;
(l) summon before it the parties shall jointly to the agreement, witnesses or individually refer any other person whose presence the ADR provider considers would help in the hearing or determination of the matter in dispute and compel the production before it of documents and other things for the hearing and determination of the matter in dispute; and
(m) generally give all directions and do all such things as are necessary or expedient for the speedy and just hearing and determination of the matter in dispute.
27.12 If any party fails or refuses to follow any step of this procedure the non breaching party shall not be obligated to continue through the remaining steps of the procedure, and may immediately seek relief by application 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 hereAIRC.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISPUTE SETTLEMENT PROCEDURE. Definition: “Parties” in this clause refer to the employer and employees subject to this agreement.
17.1.1 The following procedure mechanism and procedures for the avoidance or resolution of resolving disputes shall applybe in accordance with the following provisions. However, other mechanisms may be adopted by agreement between the parties.
11.1 (a) The employee/s concerned shall will 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 below17.1.2 and 17.1.3, where an employee representative is involved, he or involved he/she shall be allowed the necessary time during working hours to interview the employee/s and the supervisor.
11.3 (b) If the matter is not resolved at such a meeting meeting, the parties will arrange further discussions involving more senior management and as appropriate. The employee may invite a union official or other representative to be involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs. Where an employee representative will take place.
11.4 The employee representative is involved he or she shall be allowed, allowed at a place designated by the Companyemployer, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplace.
11.5 To (c) If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (the Commission) for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. 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.
17.1.2 In order to facilitate the speedy and efficient resolution of disputesprocedure in 17.1.1:
11.5.1 the (a) The party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 throughout (b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 sensible 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 procedures are carried out as quickly as possible.
11.6 If 17.1.3 Subject to sub-clause 17.1.4, whilst the matter remains unresolved
11.6.1 If the matter remains unresolved, the Company may refer it parties are attempting 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 pre dispute status quo shall prevail. Where the dispute arrises from a decision of the employer then the situation that prevailed prior to that decision shall prevail. Subject to this agreement the parties shall jointly will continue to work in accordance with the Award and this agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or individually refer her health or safety, the matter employee must not unreasonably fail to comply with a direction by the company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
17.1.4 Subject 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 pre dispute status quo, whilst these processes are being followed the parties shall jointly be committed to avoid stoppages of work, lockouts or individually refer other bans or limitations on the matter performance of work and the company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.
17.1.5 The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the AIRC decision to a Full Bench.
17.1.6 Any outcome determined by arbitration cannot be inconsistent with the National Code of Practice for the Construction Industry (the Code) and the Implementation Guidelines for the National Code of Practice for the Construction Industry (the Guidelines). Any outcome determined by arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx that is inconsistent with, or is capable of being applied in a manner that would lead to inconsistencies with, the Code and MAG Gay as a substitute if the first mentioned member Guidelines is unavailable. The substitutes shall be called on in the order they are listed herenull and void.
Appears in 1 contract
Samples: Victorian Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes shall applyappy.
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, allowed at a place designated by the Companycompany, a reasonable resonable period of time during working hours to interview external advisors requested by the employee representative, representative in the workplacework place.
11.5 To facilitate the speedy and efficient resolution of disputes:
11.5.1 the The party with the grievance must notify the other party at the earliest opportunity of the problem;:
11.5.2 throughout Throughout all stages of the procedure procedures all relevant facts must be clearly identified and recorded; and
11.5.3 sensible 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 Management or may appoint a representativereresentative. 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 X X 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.
Appears in 1 contract
Samples: Collective Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for 3.2.1 Any matter which has been fully discussed between an Employee or Employees and the avoidance or resolution supervisor and is still in dispute shall, where requested by the employee, be referred to the Union delegate concerned. Employees who are not members of disputes shall applya Union may nominate a representative of their choosing.
11.1 3.2.2 The employee/s concerned Union delegate/ Employee Representative and Employee shall first meet and confer then discuss the matter with their immediate supervisor. The employee/s may appoint another person to act on their behalf including an employee representativethe supervisor concerned.
11.2 Subject to 11.7 below3.2.3 If unresolved at this level, the Employee and, where an employee requested, their Union delegate/Employee Representative, shall consult with the Human Resources & Safety Co-ordinator, or other responsible representative is involvedof the Employer, he or she who shall be allowed the necessary time during working hours to interview the employee/s and the supervisor.
11.3 If ensure that the matter is recorded in writing and shall take all reasonable steps to resolve the matter.
3.2.4 The consultation process as prescribed in sub-clause 3.2.3 shall commence as soon as possible and initial discussion shall be held within a reasonable time of the grievance, dispute or likely dispute having been referred.
3.2.5 If a matter in dispute cannot be resolved at such the workplace level, a meeting further discussions involving more senior management and party to the dispute may elect to use an alternative dispute resolution process in an attempt to resolve the matter.
3.2.6 The alternative dispute resolution process is to be conducted by a person agreed between the parties in dispute on the matter. Where parties cannot agree on a provider
3.2.7 If the parties cannot reach agreement on who is to conduct the alternative dispute resolution process, a party to the dispute on the matter may notify the Industrial Registrar of that fact.
3.2.8 On receiving notification under clause 3.2.7, the Industrial Registrar must provide the parties with the prescribed information.
3.2.9 If the parties cannot agree on who is to conduct the alternative dispute resolution process within the prescribed time a party to the dispute on the matter may apply to the Commission to have the alternative dispute resolution process conducted by the Commission (AIRC).
3.2.10 If an alternative dispute resolution process is used to resolve a dispute on a matter, the parties to the dispute must genuinely attempt to resolve the dispute using that process.
3.2.11 An employee who is party to a dispute must, while the dispute is being resolved:
(a) continue to work in accordance with his/her contract of employment, unless the employee representative will take place.
11.4 The employee representative shall be allowed, at a place designated by the Company, has a reasonable period of time during working hours concern about an imminent risk to interview external advisors requested his/her health or safety; and
(b) comply with any reasonable direction given by his or her employer to perform other available work, either at the employee representative, in the same workplace or at another workplace.
11.5 To facilitate 3.2.12 In directing an employee to perform other available work, the speedy and efficient resolution of disputesemployer will have regard to :
11.5.1 (a) the party with the grievance must notify the other party at the earliest opportunity provisions ( if any ) of the problem;
11.5.2 throughout all stages law of the procedure all relevant facts must be clearly identified Commonwealth or of a State or Territory dealing with occupational health and recordedsafety that apply to that employee or that other work; and
11.5.3 sensible time limits must be allowed (b) whether that work is appropriate for completion of the various stages of discussion. However, the parties must co-operate employee to ensure that the disputes resolution procedure is carried out as quickly as possibleperform.
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.
Appears in 1 contract
Samples: Staff Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes shall apply.. In this clause a reference to “parties” means the parties to the dispute. The mechanism and procedures for resolving industrial disputes will include, but not be limited to the following:
11.1 30.1 The employee/s concerned shall will 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 a shop xxxxxxx or delegate of their union. 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 30.2 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management and as appropriate. The employee may choose to invite a union official or any other representative to be involved in the employee further discussions if they so elect. The employer may also invite a representative will take placeto be involved in the discussions.
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 30.3 If the matter remains unresolved
11.6.1 If unresolved the matter remains unresolved, the Company employer may refer it to a more senior level of management or may appoint a to another representative. The employee may continue to involve a representative and may choose to invite an alternative or a more senior union official or any other representative of the 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 parities shall jointly or individually refer the matter to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving the matter through conciliationmatter.
11.6.3 If conciliation fails 30.4 The party with the grievance must notify the other party at the earliest opportunity of the problem. Throughout all stages of the procedure all relevant facts must be clearly identified and recorded. Sensible time limits must be allowed for completion of the various stages of discussion. However, the parities must co-operate to ensure that the disputes resolution procedures are carried out as quickly as possible.
30.5 Whilst the parties are attempting to resolve the matter in dispute the parties shall jointly will continue to work in accordance with this agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or individually refer the matter her health or safety. Subject to the AIRC for arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx relevant provisions of the state occupational and MAG Gay as a substitute safety law, even if the first mentioned member employee has a reasonable concern about an imminent risk to his or her health and safety, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work, whether at the same enterprise or another enterprise, that is unavailable. The substitutes shall be called on in safe and appropriate for the order they are listed hereemployee to perform.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISPUTE SETTLEMENT PROCEDURE. 47.1 The following objectives of the procedure for are to promote the avoidance or prompt resolution of disputes shall apply.
11.1 The employee/s concerned shall first meet or grievances in relation to the application of this Agreement or the NES by consultation, cooperation 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, discussion in the workplace.
11.5 To 47.2 The term ‘parties’ referred to in this clause means the Blood Service and its employees and the union
47.3 Whilst this procedure is in place work must continue in accordance with usual practice. No stoppage of work or any form of ban or limitation of work shall be applied provided that this does not apply to an employee who has a reasonable concern about an imminent risk to his or her health or safety.
47.4 No party shall be prejudiced as to the final settlement by the continuance of work.
47.5 The employee(s) may choose to have a representative involved in the grievance process from Step 2 onwards, which may be the Union
47.6 Health and Safety Matters are exempted from Step 4.
47.7 In the first instance, the employee(s) shall inform their immediate supervisor of the existence of the grievance and they shall attempt to solve the grievance unless the grievance is about the conduct of the aggrieved employee(s)’ immediate supervisor in which case the employee(s) will first discuss the matter with another representative of the Blood Service.
47.8 If the grievance is still unresolved, the employee(s) will submit the matter in writing to their manager to facilitate further discussion in an attempt to resolve the speedy and efficient resolution of disputes:matter.
11.5.1 47.9 If the party grievance continues to be unresolved, further discussion shall occur with the grievance must notify manager and/or human resources representative, employee(s) and/or their representative;
(a) the other party at aggrieved employee(s) and/or their representative will have the earliest opportunity to present all aspects of the problemgrievance;
11.5.2 throughout all stages (b) the grievance shall be investigated in a thorough, fair and impartial manner;
(c) there will be no undue delay in the progression of the procedure all relevant facts must be clearly identified matter, with the intent to resolve disputes 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 grievances as quickly as is reasonably possible.
11.6 If 47.10 Should the matter remains unresolved
11.6.1 If dispute or grievance remain unresolved following the matter remains unresolved, exhaustion of the Company above three (3) steps a party may apply to have the dispute conciliated by the FWC. No party can refer it the dispute 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 conciliation unless and until the discussionsabove steps have been exhausted and provided that they have been adhered to.
11.6.2 In 47.11 An application to the event there is no agreement FWC or its successor to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter assist the parties shall jointly to resolve a dispute or individually refer the matter grievance by conciliation under this clause can only be made in relation to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving application of this Agreement or the matter through conciliationNES.
11.6.3 47.12 If conciliation fails to resolve the matter in dispute the parties shall jointly or individually refer dispute, FWC may arbitrate the matter on the application by any party. FWC may deal with the dispute using all the powers in relation to conciliation and arbitration which are available under the AIRC for arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx and MAG Gay as a substitute if Act or otherwise necessary to make the first mentioned member is unavailable. The substitutes shall be called on in the order they are listed hereprocess effective.
Appears in 1 contract
Samples: Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. 18.1.1 The following procedure for the avoidance or resolution of disputes shall apply.. The mechanism and procedures for resolving industrial disputes will include, but not be limited to the following:
11.1 (a) The employee/s concerned shall will 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 below18.1.2 and 18.1.3, where an employee representative is involved, he or involved he/she shall be allowed the necessary time during working hours to interview the employee/s and the supervisor.
11.3 (b) If the matter is not resolved at such a meeting further discussions involving more senior management and the employee representative and/or, if the employee had so requested, his or her employee representatives, will take place.
11.4 . The employee representative shall be allowed, at a place designated by the Company, allowed a reasonable period of time during working hours to interview external advisors advisers requested by the employee representative,
(c) The parties shall jointly or individually refer the matter in the workplacefirst instance to the Victorian Metal, Engineering and Associated Industries Disputes Panel (“Disputes panel for conciliation and determination which shall deal with the dispute in accordance with the Dispute panel’s charter. However, notwithstanding the Dispute panel’s charter, employer and employee organisations do not have the right to participate in the Dispute panel. In addition, the Dispute panel only operates in respect of this agreement if the following substitutes for clause 1.4 of the Dispute panel’s charter: “Matters may be referred to the Disputes panel by an employee of the Company or the employee’s union or other representative if requested, the Company, or the Company’s representative organisation or agent.”
18.1.2 This procedure shall be followed in good faith and without unreasonable delay.
11.5 To 18.1.3 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 the Australian Industrial Relations Commission (“AIRC”).
18.1.4 In order to facilitate the speedy and efficient resolution of disputesprocedure in 18.1.1:
11.5.1 the (a) The party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 throughout (b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and;
11.5.3 sensible (c) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-co- operate to ensure that the disputes resolution procedure is procedures are carried out as quickly as possible.
11.6 If 18.1.5 Subject to sub-clause 18.1.6, whilst the matter remains unresolved
11.6.1 If the matter remains unresolved, the Company may refer it parties are attempting 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 will continue to work in accordance with the Award and this agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or individually refer the matter her health or safety. Subject to the Australian Industrial Relations Commission (“AIRC”) relevant provisions of the State occupational health and 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 the company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for assistance in resolving the matter through conciliationemployee to perform.
11.6.3 If conciliation fails to resolve the matter in dispute 18.1.6 Whilst these processes are being followed the parties shall jointly be committed to avoid stoppages of work, lockouts or individually refer other bans or limitations on the matter to performance of work and the AIRC for arbitration before member Commissioner XX Xxxxxx company shall ensure that all practices applied during the operation of the procedure are in accordance with AIRC member XX Xxxxx safe working practices and MAG Gay as a substitute if consistent with established custom and practice at the first mentioned member is unavailable. The substitutes shall be called on in the order they are listed hereenterprise.
Appears in 1 contract
Samples: Collective Agreement
DISPUTE SETTLEMENT PROCEDURE. 17.1. The following procedure for the avoidance or resolution of disputes shall apply.
11.1 . The mechanism and procedures for resolving industrial disputes will include, but not be limited to the following: The employee/s concerned shall will first meet and confer with their immediate supervisorSupervisor. The employee/s may appoint another person to act on their behalf including an behalf, which may include a elected employee representative.
11.2 . Subject to 11.7 below, 17.2 and 17.3 where an a elected employee representative is involved, he or has been appointed he/she shall be allowed the necessary time during working hours to interview discuss the raised issue with the employee/s and the supervisor.
11.3 s. If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management and elected employee representatives as appropriate. The employer may also invite into the employee representative will take placediscussion an officer of the employer organization to which the employer belongs. If the matter remains unresolved the employer may refer it to the most senior level of management. In the event that there is no resolution to the matter parties shall jointly or individually refer the matter to the Australian Industrial Relations Commission for assistance in resolving the matter.
11.4 The employee representative shall be allowed, at a place designated by the Company, a reasonable period of time during working hours 17.2. In order 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 procedure in 17.1: The party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 throughout ; If requested by either party, the grievance must be put in writing; Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 sensible Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate cooperate to ensure that the disputes resolution procedure is procedures are carried out as quickly as possible. Appropriate resources need to be allocated and agreed to in order to resolve issues in an appropriate time frame while maintaining necessary customer focus and production issues.
11.6 If 17.3. Subject to sub-clause 17.1, whilst the matter remains unresolved
11.6.1 If the matter remains unresolved, the Company may refer it parties are attempting 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 will continue to work in accordance with this Agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to their health or individually refer the matter safety. Subject to the Australian Industrial Relations Commission (“AIRC”) relevant provisions of the State Occupational Health and Safety Law, even if the employee has a reasonable concern about an imminent risk to their health or safety, the employee must not unreasonably fail to comply with a direction by the company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for assistance in resolving the matter through conciliationemployee to perform.
11.6.3 If conciliation fails to resolve the matter in dispute 17.4. Whilst these processes are being followed the parties shall jointly be committed to avoid stoppages of work, lockouts or individually refer other bans or limitations on the matter to performance of work and the AIRC for arbitration before member Commissioner XX Xxxxxx company shall ensure that all practices applied during the operation of the procedure are in accordance with AIRC member XX Xxxxx safe working practices 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.consistent with this agreement
Appears in 1 contract
Samples: Enterprise Bargaining Agreement
DISPUTE SETTLEMENT PROCEDURE. 11.1. If a dispute relates to:
11.1.1. A matter arising under this Agreement; or
11.1.2. The following procedure National Employment Standards; this term sets out procedures to settle the dispute.
11.2. An Employee who is a party to the dispute may appoint a representative for the avoidance or resolution purposes of disputes shall applythe procedures in this term.
11.1 The employee/s concerned shall 11.3. In the 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. Howeverinstance, the parties to the dispute must co-operate try to ensure that resolve the disputes resolution procedure is carried out as quickly as possibledispute at the workplace level, by discussions between the Employee or Employees and relevant supervisors and/or management.
11.6 11.4. If discussions at the matter remains unresolved
11.6.1 If the matter remains unresolved, the Company may refer it to a more senior workplace 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 do not resolve the matter dispute, a party to the parties shall jointly or individually dispute may refer the matter to the Australian Industrial Relations Commission (“AIRC”) for assistance in resolving the matter through conciliationFair Work Commission.
11.6.3 If conciliation fails 11.5. The Fair Work Commission may deal with the dispute in two stages:
11.5.1. The Fair Work Commission will first attempt to resolve the matter in dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
11.5.2. If the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:
11.5.2.1. Arbitrate the dispute; and
11.5.2.2. Make a determination that is binding on the parties.
11.6. While the parties shall jointly are trying to resolve the dispute using the procedures in this term:
11.6.1. An Employee must continue to perform his or individually refer 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
11.6.2. An Employee must comply with a direction given by the matter Company to perform other available work at the same workplace, or at another workplace, unless:
11.6.2.1. The work is not safe; or
11.6.2.2. Applicable work health and safety legislation would not permit the work to be performed; or
11.6.2.3. The work is not appropriate for the Employee to perform; or
11.6.2.4. There are other reasonable grounds for the Employee to refuse to comply with the direction.
11.7. The parties to the AIRC for arbitration before member Commissioner XX Xxxxxx dispute agree to be bound by a decision made by the Fair Work Commission in accordance 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 herethis term.
Appears in 1 contract
Samples: Single Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance 18.1 Disputes over any work related or resolution of disputes shall applyindustrial matter should be dealt with as close to its source as possible.
11.1 The employee18.2 An Employee/s concerned shall first meet and confer with or 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 Workplace Representative (if the employee/s and choose to be so represented) should initially submit any work related grievance and/or industrial matter to the supervisorsite foreperson, supervisor or other appropriate site representative of the Company.
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 18.3 If the matter remains unresolved
11.6.1 If unresolved the matter remains unresolved, Employee/s and/or their Workplace Representative (if 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 employee/s choose 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 so represented) may then submit the matter to the Australian Industrial Relations Commission appropriate senior management person.
18.4 If still not resolved the Employee/s and/or their Workplace Representative (“AIRC”if the employee/s choose to be so represented) for assistance in resolving shall discuss the matter through conciliationwith the nominated representative of the Company.
11.6.3 If conciliation fails 18.5 Whilst the above procedures are being followed work should continue as normal.
18.6 This procedure is to resolve be followed in good faith and without unreasonable delay by any party.
18.7 Should the matter remain unresolved it shall be dealt with in one of the following ways as agreed to between the parties:
(a) referred to the Commission for conciliation and if required, arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal; or
(b) referred to a disputes board for determination; or
(c) referred to a private arbitrator agreed to between the parties, for determination.
18.8 Any outcome determined by the third party (above 18.7) must be consistent with the National Code of Practice for the Construction Industry and the Implementation Guidelines, along with any legislative obligations.
18.9 This dispute settlement procedure does not apply to health and safety issues.
18.10 To assist in the avoidance of the disputes the parties shall jointly or individually refer the matter agree to the AIRC for arbitration before member Commissioner XX Xxxxxx following procedure prior to an Employee commencing work on a project.
18.11 The parties to the Agreement acknowledge that it is in the interests of the Industry and the Company that all new Employees on a building project understand their obligations to the Agreement and are introduced to their jobs in a manner which will help them work safely and efficiently.
18.12 In order to achieve this it is recommended that, in conjunction with AIRC member XX Xxxxx the Site Management and MAG Gay the Safety Supervisor/Safety Committee, new Employees and new Company's be given an explanation of the following:
(a) The Rights and Obligations of the Agreement including its disputes/grievance resolution procedures;
(b) The appropriate issue of work clothing and safety equipment as per this Agreement;
(c) Safety Rules and Procedures including relevant legislation;
(d) Superannuation entitlements;
(e) Long Service Leave provisions;
(f) Redundancy Pay entitlements;
(g) Site Emergency procedures;
(h) Rates of pay; and
(i) Site-specific matters such as security, etc. procedures.
18.13 The induction presentation and material shall have regard to the language skills of the Employee/Company.
18.14 To ensure that the parties are aware of the terms of the Agreement to assist in any resolution of a substitute if disputes or the first mentioned member is unavailable. The substitutes avoidance thereof a copy of the Agreement shall be called retained by the Company at all times for ready access by any Employee on in a project site, and the order they are listed hereCompany shall provide a permanent copy for each Workplace Representative and Occupational Health and Safety delegate on a project site.
Appears in 1 contract
Samples: Union Collective Workplace Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes shall apply.
11.1 36.1 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 36.2 Subject to 11.7 36.9 and 36.10, 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 36.3 If the matter is not resolved at such a meeting further discussions involving more senior management and the employee representative representatives will take place.
11.4 36.4 The employee representative shall be allowed, at a place designated by the Companycompany, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplace.
11.5 36.5 To facilitate the speedy and efficient resolution of disputes:
11.5.1 36.5.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 36.5.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 36.5.3 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 36.6 If the matter remains unresolved
11.6.1 If unresolved the matter remains unresolvedparties may, the Company may jointly or individually, 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 Victorian Metal, Engineering and Associated Industries Disputes Panel (“AIRCDisputes panel”) for assistance conciliation. The Disputes panel shall deal with disputes in resolving accordance with the Victorian Metal, Engineering and Associated Industries Disputes Panel Charter.
36.7 Notwithstanding the above, if a matter arises directly between the parties to this agreement or if the parties otherwise agree, without all the steps in this procedure being followed, the matter through may be referred directly to the Disputes panel for conciliation—however, this subclause does not allow for a union to refer a dispute concerning a particular employee or employees to conciliation unless that employee or those employees so choose.
11.6.3 36.8 If conciliation fails to resolve the to matter in dispute the Disputes panel shall resolve the matter by arbitration.
36.9 Subject to 36.10, below, whilst the parties are attempting to resolve the matter the pre-dispute status quo shall prevail. Where the dispute arises from a decision of the company the situation that prevailed prior to that decision shall prevail. Subject to this agreement, the parties will continue to work in accordance with this agreement and their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or her health or safety in which case the employee must not unreasonably fail to comply with a direction by the company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
36.10 Subject to the pre-dispute status quo, whilst these processes are being followed the parties shall jointly be committed to avoid stoppages of work, lockouts or individually refer other bans or limitations on the matter to performance of work and the AIRC for arbitration before member Commissioner XX Xxxxxx company shall ensure that all practices applied during the operation of the procedure are in accordance with AIRC member XX Xxxxx safe working practices and MAG Gay as a substitute if consistent with established custom and practice at the first mentioned member is unavailable. The substitutes shall be called on in the order they are listed hereenterprise.
Appears in 1 contract
Samples: Union Collective Workshop Agreement
DISPUTE SETTLEMENT PROCEDURE. The following 9.5.1 This procedure is designed to ensure that there is a mechanism for the avoidance or resolution of disputes shall applyan Employee to raise any grievance that they may have and a mechanism for resolving disputes.
11.1 The employee/s concerned 9.5.2 In the event of an Employee having a grievance, the Employee shall in the first meet and confer instance attempt to resolve the matter with their supervisor immediately.
9.5.3 Where the dispute concerns alleged actions of the immediate supervisor. The employee/s may appoint another person host trainer or are of a nature involving safety issues, the Employee(s) must report the matter immediately to act on their behalf including an employee representativethe NECA Electrical Apprenticeships’ Field Officer, Operations Co-ordinator or General Manager.
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 9.5.4 If the matter grievance or dispute 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. Howeverunder 9.5.2 above, the parties must co-operate to ensure that the disputes resolution procedure Employee 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 NECA Electrical Apprenticeships’ Technical Field Officer, Operations Co-ordinator or General Manager for discussions. Such discussion should, if possible, take place with 24 hours after the request by the Employee.
9.5.5 All disputes are recorded on the Apprentice electronic database system in “Complaints”. This enables tracking of the complaint and the action/date taken.
9.5.6 NECA Electrical Apprenticeships’ General Manager or delegated representative will discuss the grievance /dispute with the Host Trainer and other relevant parties involved and attempt to resolve this issue immediately.
9.5.7 Where a more senior level or it is agreed that such a reference would matter cannot resolve be resolved in accordance with the matter the parties above, nothing shall jointly or individually refer prevent either party from referring the matter to the Australian Industrial Relations Fair Work Commission (“AIRC”FWC) for assistance in resolving the matter through conciliationconciliation and/or arbitration.
11.6.3 If conciliation fails 9.5.8 The FWC shall not propose or support any settlement that would be inconsistent with the Implementation Guidelines for the National Code of Practice for the Construction Industry or with the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014.
9.5.9 All steps above must be fully exhausted before this referral may occur.
9.5.10 The Employee has the freedom of choice to resolve appoint or nominate any other person, association or organisation to accompany or represent them during any stage of a dispute.
9.5.11 The parties agree that one of the matter fundamental objectives of this Agreement is to eliminate lost time in dispute the event of a dispute. Further, the parties shall jointly or individually refer agree that it is in the matter best interests of both parties to achieve prompt resolution of disputes directly between the employee(s) concerned and the Company.
9.5.12 While the dispute settlement procedure is being followed the parties agree to ensure that: • Industrial action does not take place. • The circumstances that existed prior to the AIRC for arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx and MAG Gay dispute prevail • Work is to continue as a substitute if normal without detriment to any of the first mentioned member is unavailable. The substitutes shall be called on in the order they are listed hereparties.
Appears in 1 contract
Samples: Neca Electrical Apprenticeships Employee Enterprise Agreement 2022
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes shall apply.
11.1 35.1 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 35.2 Subject to 11.7 35.10 and 35.11, 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 35.3 If the matter is not resolved at such a meeting further discussions involving more senior management and the employee representative representatives will take place.
11.4 35.4 The employee representative shall be allowed, at a place designated by the Companycompany, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplace.
11.5 35.5 To facilitate the speedy and efficient resolution of disputes:
11.5.1 35.5.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 35.5.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 35.5.3 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 35.6 If the matter remains unresolved
11.6.1 If unresolved the matter remains unresolvedparties may, the Company may jointly or individually, refer it to a more senior level of management or may appoint a representative. The employee may invite an the 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 dispute resolution provider (“AIRCADR provider”) specified in this agreement for assistance in resolving the matter through conciliation.
11.6.3 35.7 Notwithstanding the above, if a matter arises directly between the parties to this agreement or if the parties otherwise agree, without all the steps in this procedure being followed, the matter may be referred directly to the specified ADR provider for conciliation—however, this subclause does not allow for a union to refer a dispute concerning a particular employee or employees to conciliation unless that employee or those employees so choose.
35.8 If conciliation fails to resolve the to matter in dispute the parties specified ADR provider shall jointly or individually refer resolve the matter to by arbitration.
35.9 For all disputes over the AIRC for arbitration before member Commissioner XX Xxxxxx matters dealt 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 Collective Agreement clauses listed here.below:
Appears in 1 contract
Samples: Union Collective Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for 49.1 In relation to any matter that may be in dispute arising from this Agreement between the avoidance Employer or resolution an Employee (except matters relating to the actual or threatened termination of disputes shall applyemployment of the Employee), the Employer and the individual Employee will attempt to resolve the matter at the workplace level, by the Employee and his or her supervisor meeting and conferring on the matter.
11.1 The employee/s concerned shall first meet 49.2 If the matter (Clause 49.1) is not resolved at such a meeting, the supervisor will arrange further discussions involving more senior levels of management (as appropriate).
49.3 After the exercise of the obligations under Clause 49.1 and confer with their immediate supervisor. The employee/s 49.2 if the matter is not resolved the Employer or Employee, may appoint in writing another person to act on their behalf, in relation to resolving the matter at the workplace level.
49.4 If the matter is not resolved at the workplace level, either party may refer the matter to mediation or another alternative dispute resolution process. (Including the AIRC)
49.5 Any matter referred by way of Clause 49.4 requires each party to negotiate/mediate a resolution in good faith; and
49.5.1 Each party may appoint (in writing) at their own cost another person to act on their behalf including an employee representative.
11.2 Subject in relation 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 alternative dispute 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 recordedprocess; and
11.5.3 sensible 49.5.2 Agree that during the time limits must be allowed for completion when the parties attempt to resolve the matter
49.5.3 Subject to the relevant provisions of any state or territory occupational health and safety law, even if the various stages of discussion. HoweverEmployee 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
49.5.4 The parties must co-operate co‐operate to ensure that the disputes dispute resolution procedure is procedures are carried out as quickly as is reasonably possible.
11.6 49.5.5 If the matter remains unresolvedparties are unable to agree on the person to conduct the alternative dispute resolution process, either party can notify the Industrial Registrar. In
11.6.1 If 49.5.6 The Employer and the matter remains unresolvedEmployee shall each be responsible for their own costs, the Company may refer it to a more senior level of management or may appoint a representativeunless agreed otherwise. 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 SCHEDULE 1 ‐ Minimum rates – Full time 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.part time employees Classification Hourly rate July 2008 Hourly rate July 2009 Hourly rate July 2010 Hourly rate July 2011 Hourly rate July 2012
Appears in 1 contract
Samples: Employee Collective Agreement
DISPUTE SETTLEMENT PROCEDURE. The following procedure for the avoidance or resolution of disputes shall apply.
11.1 36.1 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 36.2 Subject to 11.7 36.10 and 36.11, 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 36.3 If the matter is not resolved at such a meeting further discussions involving more senior management and the employee representative representatives will take place.
11.4 36.4 The employee representative shall be allowed, at a place designated by the Companycompany, a reasonable period of time during working hours to interview external advisors requested by the employee representative, in the workplace.
11.5 36.5 To facilitate the speedy and efficient resolution of disputes:
11.5.1 36.5.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
11.5.2 36.5.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 36.5.3 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 36.6 If the matter remains unresolved
11.6.1 If unresolved the matter remains unresolvedparties may, the Company may jointly or individually, refer it to a more senior level of management or may appoint a representative. The employee may invite an the 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 dispute resolution provider (“AIRCADR provider”) specified in this agreement for assistance in resolving the matter through conciliation.
11.6.3 36.7 Notwithstanding the above, if a matter arises directly between the parties to this agreement or if the parties otherwise agree, without all the steps in this procedure being followed, the matter may be referred directly to the specified ADR provider for conciliation—however, this subclause does not allow for a union to refer a dispute concerning a particular employee or employees to conciliation unless that employee or those employees so choose.
36.8 If conciliation fails to resolve the to matter in dispute the parties specified ADR provider shall jointly or individually refer resolve the matter to by arbitration.
36.9 For all disputes over the AIRC for arbitration before member Commissioner XX Xxxxxx matters dealt 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 Part 2 in the order they are clauses listed here.below:
Appears in 1 contract
Samples: Workshop Agreement
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, but not to the extent such requests contravenes Regulation 8.5 (1) (d) and 8.5 (1) (g) of the Workplace Relations Act 1996.
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.
Appears in 1 contract
Samples: Labour Hire Agreement
DISPUTE SETTLEMENT PROCEDURE. 37.1 The following objectives of the procedure for are to promote the avoidance or prompt resolution of disputes shall apply.
11.1 The employee/s concerned shall first meet grievances in relation to the application of this Agreement by consultation, cooperation 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, discussion in the workplace.
11.5 To 37.2 The employee may choose to have a representative involved in the grievance process from Step 2 onwards, which may include the Union.
37.3 The term parties referred to in this clause means the employer and employee(s).
37.4 Whilst this procedure is in place, no stoppage of work, or any form of ban or limitation of work shall be applied.
37.5 No party shall be prejudiced as to the final settlement by the continuance of work.
37.6 In the first instance, the employee shall inform their immediate supervisor of the existence of the grievance and they shall attempt to solve the grievance.
37.7 If the grievance is still unresolved, the employee will submit the matter in writing to their Manager to facilitate further discussion in an attempt to resolve the speedy and efficient resolution of disputesmatter.
37.8 If the grievance continues to be unresolved, further discussion shall occur with the Manager and/or Human Resource Representative, employee and/or their representative.
37.9 The following is agreed between the parties:
11.5.1 37.9.1 the party aggrieved employee and/or their representative has the opportunity to present all aspects of the grievance;
37.9.2 the grievance shall be investigated in a thorough, fair and impartial manner.
37.9.3 there is no undue delay in the progression of the matter, 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 intent to ensure that the resolve disputes resolution procedure is carried out as quickly as is reasonably possible.
11.6 If 37.10 After the above steps have occurred, and if the grievance is not settled, 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 referred by either party to the Australian Industrial Relations Commission (“AIRC”) for assistance to assist in resolving the resolution of the matter.
37.11 The form and manner in which the Australian Industrial Relations Commission may assist in the resolution of the matter through conciliationwill be as agreed between the parties.
11.6.3 If conciliation fails to resolve the matter 37.12 Whilst this procedure is in dispute the parties place, no stoppage of work, or any form of ban or limitation of work shall jointly or individually refer the matter be applied.
37.13 No party shall be prejudiced as to the AIRC for arbitration before member Commissioner XX Xxxxxx with AIRC member XX Xxxxx final settlement by the continuance of work.
37.14 Health and MAG Gay as a substitute if the first mentioned member is unavailableSafety Matters are exempted from Step 4. The substitutes shall be called on in the order they are listed here.EN Level 1 $36,991 $38,471 $40,009 EN Level 2 $38,137 $39,662 $41,249 EN Level 3 $39,320 $40,893 $42,529 EN Level 4 $40,539 $42,161 $43,847 EN Level 5 $41,816 $43,489 $45,228 RN Level 1 PP1 $41,816 $43,489 $45,228 RN Level 1 PP2 $43,741 $45,491 $47,310 RN Level 1 PP3 $45,731 $47,560 $49,463 RN Level 1 PP4 $47,719 $49,628 $51,613 RN Level 1 PP5 $49,706 $51,694 $53,762 RN Level 1 PP6 $51,695 $53,763 $55,913 RN Level 1 PP7 $53,683 $55,830 $58,064 RN Level 1 PP8 $55,322 $57,535 $59,836 RN Level 2 PP1 RN Level 2 PP1 $58,191 $60,519 $62,939 RN Level 2 PP2 $60,519 $62,940 $65,457 RN Level 2 PP3 $62,174 $64,661 $67,247 RN Level 2 PP4 $62,897 $65,413 $68,029 Level 1 PP1 $35,112 $36,516 $37,977 Level 1 PP2 $35,628 $37,053 $38,535 Level 1 PP3 $36,143 $37,589 $39,092 Level 1 PP4 $36,658 $38,124 $39,649 Level 2A PP1 $40,476 42,095 43,779 Level 2A PP2 $41,564 43,227 44,956 Level 2A PP3 $42,652 44,358 46,132 Level 2A PP4 $43,740 45,490 47,309 Level 2B PP1 $37,228 $38,717 $40,266 Level 2B PP2 $38,250 $39,780 $41,371 Level 2B PP3 $39,420 $40,997 $42,637 Level 2B PP4 $40,232 $41,841 $43,515 Level 2B PP5 $41,430 $43,087 $44,811 Level 3 PP1 $42,845 $44,559 $46,341 Level 3 PP2 $43,946 $45,704 $47,532 Level 3 PP3 $45,104 $46,908 $48,784 Level 3 PP4 $46,947 $50,028 $52,029 Item Clause Description Amount Amount No. No. 1/07/07 1/07/08 1 17 On Call Allowance $4.00 $4.16 2 19 (per hour) Meal Allowance $12.50 $13.00
Appears in 1 contract
Samples: Workplace Agreement
DISPUTE SETTLEMENT PROCEDURE. 34.1 The following objectives of the procedure for are to promote the avoidance or prompt 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 grievances in relation 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 application of the employee/s Agreement and the supervisor.
11.3 If the matter is not resolved at such a meeting further discussions involving more senior management National Employment Standards by consultation, cooperation 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, discussion in the workplace.
11.5 To 34.2 The term parties referred to in this clause means the Blood Service and its employee(s).
34.3 Whilst this procedure is in place, no stoppage of work, or any form of ban or limitation of work shall be applied.
34.4 No party shall be prejudiced as to the final settlement by the continuance of work.
34.5 The employee may choose to have a representative involved in the grievance process.
34.6 Health and Safety Matters are exempted from Step 4.
34.7 In the first instance, the employee shall inform their immediate supervisor of the existence of the grievance and they shall attempt to solve the grievance.
34.8 If the grievance is still unresolved, the employee will submit the matter in writing to their Manager to facilitate further discussion in an attempt to resolve the speedy and efficient resolution of disputesmatter.
34.9 If the grievance continues to be unresolved, further discussion shall occur with the Manager and/or Human Resource Representative, employee and/or their representative.
34.10 The following is agreed:
11.5.1 (i) the party aggrieved employee and/or their representative has the opportunity to present all aspects of the grievance;
(ii) the grievance shall be investigated in a thorough, fair and impartial manner;
(iii) there is no undue delay in the progression of the matter, with the grievance must notify intent to resolve disputes as quickly as is reasonably possible.
34.11 Should the other party at dispute continue to be unresolved following the earliest opportunity exhaustion of the problem;above three steps either party may apply to have the dispute conciliated by FWC. Neither party can refer the dispute to conciliation unless and until the above steps have been exhausted and provided that they have been adhered to.
11.5.2 throughout all stages 34.12 An application to FWC to assist the parties to resolve a dispute by conciliation under this clause:
(a) can only be made in relation to the application of the procedure all relevant facts must be clearly identified and recordedthis Agreement; and
11.5.3 sensible time limits (b) must be allowed for completion of signed by the various stages of discussion. Howeverapplicant and specify in detail the matters in dispute, the parties must co-operate steps taken 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 date to resolve the matter in dispute and the parties resolution sought. A copy of the application shall jointly or individually refer the matter be provided 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 hereother party.
Appears in 1 contract
Samples: Enterprise Agreement
DISPUTE SETTLEMENT PROCEDURE. 8.1 The parties to this Agreement agree that any issue in dispute including in relation to the National Employment Standards should be resolved following the disputes procedure outlined below.
8.2 For the avoidance of doubt, this includes but is not limited to the express terms of this agreement and any incorporated instrument, the "General Protections" provided in the Fair Work Act 2009 ("the Act"), and the National Employment Standards detailed in the Act, including any refusal of requests by the employer under s.65(5) and s.76(4).
8.3 The following procedure for the avoidance or resolution of disputes shall apply.:
11.1 8.4 The employee/s concerned shall first meet and confer with their immediate supervisor. The employee/s may appoint another person a representative to act on their behalf including an employee representativea Shop Xxxxxxx.
11.2 8.5 Subject to 11.7 8.11 and 8.12, below, where a representative who is an employee representative is involved, he or she shall be allowed the necessary time during working hours to interview the employee/s and sand the supervisor.
11.3 8.6 If the matter is not resolved at such a meeting further discussions discussion involving more senior management and the employee representative representatives will take place.
11.4 8.7 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 8.8 To facilitate the speedy and efficient resolution of disputes:: .-
11.5.1 8.8.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;.
11.5.2 8.8.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
11.5.3 8.8.3 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 8.9 If parties have followed the matter remains unresolved
11.6.1 If above procedure and the matter remains unresolved, the Company parties may seek assistance through an agreed third party to assist in resolving the issue. If any party fails or refuses to follow any step of this procedure the non-breaching party shall not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to the Fair Work Commission.
8.10 If the matter remains unresolved the parties may, jointly or individually, 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 discussionsFair Work Commission.
11.6.2 In 8.11 Notwithstanding the event there is no agreement above, if a matter arises directly between the parties to refer this Agreement or if the parties otherwise agree, without all the steps in this procedure being followed, the matter may be referred directly 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.Fair Work Commission
11.6.3 8.12 If conciliation fails to resolve the matter in dispute Fair Work Commission shall resolve the matter by arbitration.
8.13 While the parties are attempting to resolve the matter, the parties will continue to work in accordance with this Agreement and their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health and safety. Subject to relevant provisions of any State or Territory occupational health and 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 the Company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
8.14 Subject to the pre-dispute status quo, except in the case of employee misconduct, whilst these processes are being followed the parties shall jointly commit to avoiding stoppages of work, lockouts or individually refer other bans and limitations on 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 unavailableperformance of work. The substitutes Company shall ensure that all practices applied during the operation of this procedure are in accordance with safe working practices and consistent with its previous established practice.
8.15 Whilst these processes are being followed the parties shall be called committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the Company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the order they are listed hereenterprise. Even Engineering Pty Ltd Metals Labour Hire Agreement 2023-2026
8.16 In any dispute raised pursuant to this clause of the Agreement the employer and the union agree that each party shall bear its own costs.
Appears in 1 contract
Samples: Metals Labour Hire Agreement
