Common use of Dispute Settlement Procedures Clause in Contracts

Dispute Settlement Procedures. The parties acknowledge that this agreement is designed to place maximum emphasis on the settlement of all disputes as close as possible to source within the workplace. If a dispute arises relating to a matter under this agreement: - (i) The parties will first attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor; and, (ii) If such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management, as appropriate. (iii) A party to the dispute may appoint another person, organisation or association to assist or represent them in resolving the dispute. (iv) If: - (a) A dispute regarding a matter arising under the agreement is unable to be resolved at the workplace; and, (b) 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, by conciliation, or by arbitration where the matter in dispute remains unresolved. (v) While this dispute resolution procedure is in operation at any level work shall continue normally and without interruption, unless an employee has a reasonable concern about an imminent risk to his or her health or safety. (vi) 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. (vii) Any dispute referred to the Commission under this clause should be dealt with by a member of the Commission agreed by the parties at the time. (viii) If agreement is not reached between the parties, the matter shall be arbitrated by a member nominated by either the head of the relevant panel or the President. (ix) The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.

Appears in 2 contracts

Samples: Workplace Relations Agreement, Workplace Relations Agreement

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Dispute Settlement Procedures. The parties acknowledge that this agreement is designed to place maximum emphasis on the settlement of all disputes as close as possible to source within the workplace. If a dispute arises relating to a matter under this agreement: - (i) The parties will first attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor; and, (ii) If such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management, as appropriate. (iii) A party to the dispute may appoint another person, organisation or association to assist or represent them in resolving the dispute. (iv) If: - (a) A dispute regarding a matter arising under the agreement is unable to be resolved at the workplace; and, (b) 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, by conciliation, or by arbitration where the matter in dispute remains unresolved. (v) While this dispute resolution procedure is in operation at any level work shall continue normally and without interruption, unless an employee has a reasonable concern about an imminent risk to his or her health or safety. (vi) 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. (vii) Any dispute referred to the Commission under this clause should be dealt with by a member of the Commission agreed by the parties at the time. (viii) If agreement is not reached between the parties, the matter shall be arbitrated by a member nominated by either the head of the relevant panel or the President. (ix) The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. (x) In discharging its role and exercising its powers under this procedure the Commission must not determine an outcome that is inconsistent with the National Code of Practice for the Construction Industry, Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, or Commonwealth law.

Appears in 2 contracts

Samples: Employment Agreement, Workplace Relations Agreement

Dispute Settlement Procedures. The parties acknowledge that this agreement is designed to place maximum emphasis on the settlement of all disputes as close as possible to source within the workplace. If a dispute arises relating to a matter under this between the parties regarding the operation of the agreement, or any related matter: - (i) The parties will first attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor; and, (ii) If such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management, management as appropriate. (iii) A party to the dispute may appoint another person, organisation or association to assist or represent them in resolving the dispute. (iv) If: - (a) A dispute regarding a matter arising under the agreement is unable to be resolved at the workplace; and, (b) 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, by conciliation, or by arbitration where if: - (a) The dispute regarding a matter arising under the matter agreement has not been resolved at the workplace; and, (b) All agreed steps in dispute remains unresolved.for resolving it have been taken, (v) While any part of the dispute settlement procedures of this dispute resolution procedure is agreement are in operation at any level use by the parties, all work shall continue normally and without interruption, unless an employee has a reasonable concern about an imminent risk to his or her health or safety. (vi) 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. (vii) Any dispute referred to the Commission under this clause should be dealt with by a member of the Commission agreed by the parties at the time. (viii) If agreement is not reached between the parties, the matter shall be arbitrated by a member nominated by either the head of the relevant panel or the President. (ix) The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. (x) In discharging its role and exercising its powers under this procedure the Commission must not determine an outcome that is inconsistent with the National Code of Practice for the Construction

Appears in 1 contract

Samples: Workplace Relations Agreement

Dispute Settlement Procedures. The parties acknowledge that this agreement is designed to place maximum emphasis on the settlement of all disputes as close as possible to source within the workplace. If a dispute arises relating to a matter under this agreement: - (i) The parties will first attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor; and, (ii) If such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management, as appropriate. (iii) A party to the dispute may appoint another person, organisation or association to assist or represent them in resolving the dispute. (iv) If: - (a) A dispute regarding a matter arising under the agreement is unable to be resolved at the workplace; and, (b) 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, by conciliation, or by arbitration where the matter in dispute remains unresolved. (v) While this dispute resolution procedure is in operation at any level work shall continue normally and without interruption, unless an employee has a reasonable concern about an imminent risk to his or her health or safety. (vi) 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. (vii) Any dispute referred to the Commission under this clause should be dealt with by a member of the Commission agreed by the parties at the time. (viii) If agreement is not reached between the parties, the matter shall be arbitrated by a member nominated by either the head of the relevant panel or the President. (ix) The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. (x) In discharging its role and exercising its powers under this procedure the Commission must not determine an outcome that is inconsistent with the National Code of Practice for the Construction Industry, Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, or Commonwealth law.

Appears in 1 contract

Samples: Employee Collective Agreement

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Dispute Settlement Procedures. The parties acknowledge that this agreement Agreement is designed to place maximum emphasis on the settlement of all disputes as close as possible to source within the workplace. If a dispute arises relating to a matter under this agreementAgreement: - (i) The parties will first attempt to resolve the matter promptly at the workplace by discussions between the employee Employee or employees Employees concerned and the relevant supervisor; and, (ii) If such discussions do not resolve the dispute, by discussions between the employee Employee or employees Employees concerned and more senior levels of management, as appropriate. (iii) A party to the dispute may appoint another person, organisation or association to assist or represent them in resolving the dispute. (iv) If: - (a) A dispute regarding a matter arising under the agreement Agreement is unable to be resolved at the workplace; and, (b) 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, by conciliation, or by arbitration where the matter in dispute remains unresolved. (v) While this dispute resolution procedure is in operation at any level work shall continue normally and without interruption, unless an employee Employee has a reasonable concern about an imminent risk to his or her health or safety. (vi) 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. (vii) Any dispute referred to the Commission under this clause should be dealt with by a member of the Commission agreed by the parties at the time. (viii) If agreement Agreement is not reached between the parties, the matter shall be arbitrated by a member nominated by either the head of the relevant panel or the President. (ix) The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.

Appears in 1 contract

Samples: Employee Collective Agreement

Dispute Settlement Procedures. The parties acknowledge that this agreement is designed to place maximum emphasis on the settlement of all disputes as close as possible to the source within the workplace. If a dispute arises relating to a matter under this agreement: - (i) The parties will first attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor; and, (ii) If such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management, as appropriate. (iii) A party to the dispute may appoint another person, organisation or association to assist or represent them in resolving the dispute. (iv) If: - (a) A dispute regarding a matter arising under the agreement is unable to be resolved at the workplace; and, (b) 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, by conciliation, or by arbitration where the matter in dispute remains unresolved. (v) While this dispute resolution procedure is in operation at any level work shall continue normally and without interruption, unless an employee has a reasonable concern about an imminent risk to his or her health or safety. (vi) 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. (vii) Any dispute referred to the Commission under this clause should be dealt with by a member of the Commission agreed by the parties at the time. (viii) If agreement is not reached between the parties, the matter shall be arbitrated by a member nominated by either the head of the relevant panel or the President. (ix) The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. (x) In discharging its role and exercising its powers under this procedure the Commission must not determine an outcome that is inconsistent with the National Code of Practice for the Construction Industry, Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, or Commonwealth law.

Appears in 1 contract

Samples: Collective Agreement

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