Common use of Dispute Settlement Procedures Clause in Contracts

Dispute Settlement Procedures. 23.1 If a question, dispute or difficulty should arise in the workplace as a result of the meaning or effect of this Agreement, then the following procedures shall apply: 23.1.1 The employee and their nominated support person shall discuss the matter with the immediate supervisor. Where the matter cannot be satisfactorily resolved the supervisor shall, within 3 working days, or such other period agreed between the parties, refer the matter to a Co-ordinator with the employee being advised accordingly. 23.1.2 The Co-ordinator, where possible, will respond to the matter raised within 1 week of it being referred. If the Co-ordinator is unable to resolve the matter it shall be referred to the Manager and the employee advised accordingly. 23.1.3 The Manager, where possible, will respond to the matter raised within 1 week of it being referred. If the Manager is unable to resolve the matter it shall be referred to the appropriate director and/or CEO and the employee advised accordingly. 23.2 There will be a commitment to following this process and all efforts will be made to facilitate the earliest possible resolution through open communication. 23.3 All relevant facts shall be clearly identified and recorded. 23.4 At all times throughout the process, the parties will maintain confidentiality and matters pertaining to the dispute will only be discussed with relevant parties. Breaches of confidentiality may result in employees being subject to disciplinary measures. 23.5 Emphasis shall be placed on a settlement. However if the negotiation process is exhausted without the dispute being resolved, that matter may be referred by either party to the Australian Industrial Relations Commission for assistance in resolving the dispute by the process of private mediation and, if that is unsuccessful, for formal determination. Before the private mediation, the Commission may confer informally with the parties about matters of procedure, such as: • the presentation of each side’s position (whether oral or in writing); • confidentiality requirements; • representation at the conciliation; • timing, location and duration of the conciliation; • whether a telephone conference is all that is needed in the first instance; and • any further particulars about the Commission’s role in relation to establishing procedures. Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the matters in dispute and may do such things as: • help the parties identify and define the matter(s) in dispute; • help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; • where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matter(s) in dispute quickly, fairly and cost- effectively; and • act as the facilitator of direct negotiations between the parties. The parties may agree that during the mediation process, the Commission may, at its discretion, discuss the matter in dispute privately with any of the parties to the dispute or their representatives. The Commission shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised by the parties to do so. If the matter(s) in dispute remain unresolved, the Commission may make a formal determination. The parties agree to abide by the determination.

Appears in 2 contracts

Samples: Building Maintenance Services Collective Agreement, Building Maintenance Services Collective Agreement

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Dispute Settlement Procedures. 23.1 (1) Subject to Clause 4 - No Further Claims, to the provisions of the Industrial Relations Act 1979 (WA) and Clause 58 - Introduction of Change, any questions, disputes or difficulties raised by a party to this Agreement, will be settled in accordance with the following procedures. (2) If the matter is raised by a practitioner, or a group of practitioners, the following steps will be observed - (a) The practitioner(s) concerned will discuss the matter with the Head of Department. If the matter cannot be resolved at this level the Head of Department will, within three working days, refer the matter to the Director of Medical Services and the practitioner(s) will be advised accordingly. (b) The Director of Medical Services will, if so able, answer the matter raised within one week of it being referred and, if the Director of Medical Services is not able, refer the matter to the Hospital Executive for its attention, and the practitioner(s) will be advised accordingly. (c) If the matter has been referred in accordance with paragraph (b) above the practitioner(s) or the appropriate Association hospital medical practitioner representative will notify the Association, to enable the opportunity of discussing the matter with the Employer. (d) The Employer will, as soon as practicable after considering the matter before it, advise the practitioner(s) or, if necessary, the Association of its decision. Such advice will be given within one month of the matter being referred to the Employer. (e) If the parties agree that a matter is non-industrial it may by agreement be referred to other appropriate bodies (e.g. relevant Colleges) for advice and/or assistance. (f) Nothing in this procedure will prevent the parties agreeing to shorten or extend the periods prescribed. (3) Subject to Clause 4 - No Further Claims, should a question, dispute or difficulty should arise remain in dispute after the workplace as a result of above processes have been exhausted the meaning or effect of this Agreement, then the following procedures shall applymatter may: 23.1.1 The employee and their nominated support person shall discuss the matter with the immediate supervisor. Where the matter cannot be satisfactorily resolved the supervisor shall, within 3 working days, or such other period agreed between the parties, refer the matter to a Co-ordinator with the employee being advised accordingly. 23.1.2 The Co-ordinator, where possible, will respond to the matter raised within 1 week of it being referred. If the Co-ordinator is unable to resolve the matter it shall be referred to the Manager and the employee advised accordingly. 23.1.3 The Manager, where possible, will respond to the matter raised within 1 week of it being referred. If the Manager is unable to resolve the matter it shall be referred to the appropriate director and/or CEO and the employee advised accordingly. 23.2 There will be a commitment to following this process and all efforts will be made to facilitate the earliest possible resolution through open communication. 23.3 All relevant facts shall be clearly identified and recorded. 23.4 At all times throughout the process, the parties will maintain confidentiality and matters pertaining to the dispute will only be discussed with relevant parties. Breaches of confidentiality may result in employees being subject to disciplinary measures. 23.5 Emphasis shall be placed on a settlement. However if the negotiation process is exhausted without the dispute being resolved, that matter may (a) be referred by either party to the Western Australian Industrial Relations Commission for assistance (the persons involved in resolving the question, dispute or difficulty must confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking these matters to the Commission); or (b) if the parties agree, be referred to another independent arbitrator chosen by the process parties or as a last resort nominated by the Western Australian Industrial Relations Commission. In such a case: (i) either party may be represented in the arbitration by an agent or legal practitioner and will bear the costs of private mediation andthat representation; (ii) the Employer will meet the costs of the arbitration, but if the arbitrator determines that a claim is unsuccessful, for formal determination. Before the private mediationfrivolous or vexatious, the Commission arbitrator may confer informally with assign the parties about matters of procedure, such as: • the presentation of each side’s position (whether oral or in writing); • confidentiality requirements; • representation at the conciliation; • timing, location and duration costs of the conciliation; • whether a telephone conference is all that is needed arbitration (but not the costs of representation) against the claimant or apportion them in the first instance; and • any further particulars about the Commission’s role in relation to establishing procedures. Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the matters in dispute and may do such things as: • help the parties identify and define the matter(s) in dispute; • help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; • where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matter(s) in dispute quickly, fairly and cost- effectively; and • act as the facilitator of direct negotiations manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues will be dealt with by discussions between the appropriate Association official(s) and Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may agree that during be dealt with in accordance with subclause (3). (5) While the mediation processabove procedures are being followed no party will take action, of any kind, which may frustrate a settlement in accordance with the above procedures. The status quo (i.e. the condition applying prior to the issue arising) will remain until the issue is resolved in accordance with the above procedures. (6) If the Employer seeks to discipline or terminate a practitioner the principles of natural justice will apply and the following steps will be observed: (a) If a practitioner commits a misdemeanour, the Commission maypractitioner’s immediate supervisor or any authorised medical practitioner may reprimand the practitioner so that the practitioner understands the nature and implications of their conduct. The practitioner has a right to be represented when being reprimanded. (b) The first two reprimands will take the form of warnings and, at its discretionif given verbally, discuss will be confirmed in writing as soon as practicable after the matter in dispute privately with any giving of the parties reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service will, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure will not limit the right of the Employer to summarily dismiss a practitioner for misconduct. Nor will it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) Nothing in this clause constitutes a referral agreement within the meaning of section 12 of the Employment Dispute Resolution Act 2008 (WA). (8) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 (WA) and nothing in this agreement will be construed as meaning any party is obliged to agree to the dispute establishment of the Board of Reference constituted under the Industrial Relations Act 1979 (WA). A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the Employer or their representativesa practitioner. The Commission shall keep confidential the content of any such discussion, ‌ SCHEDULE 1 – FULL-TIME ANNUAL BASE SALARY RATES TABLE 1 – DOCTOR IN TRAINING‌‌‌ Classification and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised by the parties to do so. If the matter(s) in dispute remain unresolved, the Commission may make a formal determination. The parties agree to abide by the determination.Increment Point On and from 1 October 2020 $1,000 on and from 1 July 2022 3% on and from 1 July 2023 Intern $79,479 $80,479 $82,893 Resident Medical Officer Yr 1 $87,328 $88,328 $90,978 Resident Medical Officer Yr 2 $95,960 $96,960 $99,869 Resident Medical Officer Yr 3 $105,456 $106,456 $109,650 Registrar Yr 1 $110,678 $111,678 $115,028 Registrar Yr 2 $116,163 $117,163 $120,678 Registrar Yr 3 $124,800 $125,800 $129,574 Registrar Yr 4 $130,990 $131,990 $135,950 Registrar Yr 5 $137,489 $138,489 $142,644 Registrar Yr 6 $144,314 $145,314 $149,673 Registrar Yr 7 $151,479 $152,479 $157,053 Senior Registrar Yr 1 $162,766 $163,766 $168,679 Senior Registrar Yr 2 $170,854 $171,854 $177,010 Supervised Medical Officer Yr 1 $110,678 $111,678 $115,028 Supervised Medical Officer Yr 2 $116,163 $117,163 $120,678 Supervised Medical Officer Yr 3 $124,800 $125,800 $129,574 Supervised Medical Officer Yr 4 $130,990 $131,990 $135,950 Supervised Medical Officer Yr 5 $137,489 $138,489 $142,644 Supervised Medical Officer Yr 6 $144,314 $145,314 $149,673 Supervised Medical Officer Yr 7 $151,479 $152,479 $157,053 Supervised Medical Officer Yr 8 $162,766 $163,766 $168,679 Supervised Medical Officer Yr 9 $170,854 $171,854 $177,010 Trainee Medical Administrator Yr 1 $116,163 $117,163 $120,678 Trainee Medical Administrator Yr 2 $124,800 $125,800 $129,574 Trainee Medical Administrator Yr 3 $130,990 $131,990 $135,950 Trainee Medical Administrator Yr 4 $137,489 $138,489 $142,644 Trainee Medical Administrator Yr 5 $144,314 $145,314 $149,673 Trainee Medical Administrator Yr 6 $151,479 $152,479 $157,053 Trainee Medical Administrator Yr 7 $162,766 $163,766 $168,679 Trainee Psychiatrist Yr 1 $124,800 $125,800 $129,574 Trainee Psychiatrist Yr 2 $130,990 $131,990 $135,950 Trainee Psychiatrist Yr 3 $137,489 $138,489 $142,644 Trainee Psychiatrist Yr 4 $144,314 $145,314 $149,673 Trainee Psychiatrist Yr 5 $151,479 $152,479 $157,053 Trainee Psychiatrist Yr 6 $162,766 $163,766 $168,679 Trainee Psychiatrist Yr 7 $170,854 $171,854 $177,010 Trainee Public Health Physician Yr 1 $116,163 $117,163 $120,678 Trainee Public Health Physician Yr 2 $124,800 $125,800 $129,574 Trainee Public Health Physician Yr 3 $130,990 $131,990 $135,950 Trainee Public Health Physician Yr 4 $137,489 $138,489 $142,644 Trainee Public Health Physician Yr 5 $144,314 $145,314 $149,673 Trainee Public Health Physician Yr 6 $151,479 $152,479 $157,053 Trainee Public Health Physician Yr 7 $162,766 $163,766 $168,679 TABLE 2 – SENIOR PRACTITIONERS – ARRANGEMENT A SALARY‌ Classification and Increment Point On and from 1 October 2020 $1,000 on and from 1 July 2022 3% on and from 1 July 2023 Consultant Yr 1 $296,757 $297,757 $306,690 Consultant Yr 2 $306,053 $307,053 $316,265 Consultant Yr 3 $315,811 $316,811 $326,315 Consultant Yr 4 $326,061 $327,061 $336,873 Consultant Yr 5 $336,820 $337,820 $347,955 Consultant Yr 6 $348,116 $349,116 $359,589 Consultant Yr 7 $359,979 $360,979 $371,808 Consultant Yr 8 $372,435 $373,435 $384,638 Consultant Yr 9 $385,515 $386,515 $398,110 Health Service Medical Practitioner Yr 1 $245,133 $246,133 $253,517 Health Service Medical Practitioner Yr 2 $252,324 $253,324 $260,924 Health Service Medical Practitioner Yr 3 $261,175 $262,175 $270,040 Non Specialist Qualified Medical Administrator Yr 1 $252,835 $253,835 $261,450 Non Specialist Qualified Medical Administrator Yr 2 $260,025 $261,025 $268,856 Non Specialist Qualified Medical Administrator Yr 3 $268,877 $269,877 $277,973 Non Specialist Qualified Medical Administrator Yr 4 $278,173 $279,173 $287,548 Non Specialist Qualified Medical Administrator Yr 5 $287,931 $288,931 $297,599 Snr Medical Practitioner Yr 1 $268,877 $269,877 $277,973 Snr Medical Practitioner Yr 2 $278,173 $279,173 $287,548 Snr Medical Practitioner Yr 3 $287,931 $288,931 $297,599 Medical Administrator Yr 1 $296,757 $297,757 $306,690 Medical Administrator Yr 2 $306,053 $307,053 $316,265 Medical Administrator Yr 3 $315,811 $316,811 $326,315 Medical Administrator Yr 4 $326,061 $327,061 $336,873 Medical Administrator Yr 5 $336,820 $337,820 $347,955 Medical Administrator Yr 6 $348,116 $349,116 $359,589 Medical Administrator Yr 7 $359,979 $360,979 $371,808 Medical Administrator Yr 8 $372,435 $373,435 $384,638 Medical Administrator Yr 9 $385,515 $386,515 $398,110 Vocationally Registered General Practitioner Yr 1 $252,835 $253,835 $261,450 Vocationally Registered General Practitioner Yr 2 $260,025 $261,025 $268,856 Vocationally Registered General Practitioner Yr 3 $268,877 $269,877 $277,973 Vocationally Registered General Practitioner Yr 4 $278,159 $279,159 $287,534 Vocationally Registered General Practitioner Yr 5 $287,931 $288,931 $297,599 TABLE 3 – SENIOR PRACTITIONERS – ARRANGEMENT B SALARY‌ Classification and Increment Point On and from 1 October 2020 $1,000 on and from 1 July 2022 3% on and from 1 July 2023 Consultant Yr 1 $186,895 $187,895 $193,532 Consultant Yr 2 $196,192 $197,192 $203,108 Consultant Yr 3 $205,950 $206,950 $213,159 Consultant Yr 4 $216,200 $217,200 $223,716 Consultant Yr 5 $226,959 $227,959 $234,798 Consultant Yr 6 $238,255 $239,255 $246,433 Consultant Yr 7 $250,118 $251,118 $258,652 Consultant Yr 8 $262,574 $263,574 $271,481 Consultant Yr 9 $275,654 $276,654 $284,954 Health Service Medical Practitioner Yr 1 $170,854 $171,854 $177,010 Health Service Medical Practitioner Yr 2 $178,044 $179,044 $184,415 Health Service Medical Practitioner Yr 3 $186,895 $187,895 $193,532 Non Specialist Qualified Medical Administrator Yr 1 $170,854 $171,854 $177,010 Non Specialist Qualified Medical Administrator Yr 2 $178,044 $179,044 $184,415 Non Specialist Qualified Medical Administrator Yr 3 $186,895 $187,895 $193,532 Non Specialist Qualified Medical Administrator Yr 4 $196,192 $197,192 $203,108 Non Specialist Qualified Medical Administrator Yr 5 $205,950 $206,950 $213,159 Snr Medical Practitioner Yr 1 $186,895 $187,895 $193,532 Snr Medical Practitioner Yr 2 $196,192 $197,192 $203,108 Snr Medical Practitioner Yr 3 $205,950 $206,950 $213,159 Medical Administrator Yr 1 $186,895 $187,895 $193,532 Medical Administrator Yr 2 $196,192 $197,192 $203,108 Medical Administrator Yr 3 $205,950 $206,950 $213,159 Medical Administrator Yr 4 $216,200 $217,200 $223,716 Medical Administrator Yr 5 $226,959 $227,959 $234,798 Medical Administrator Yr 6 $238,255 $239,255 $246,433 Medical Administrator Yr 7 $250,118 $251,118 $258,652 Medical Administrator Yr 8 $262,574 $263,574 $271,481 Medical Administrator Yr 9 $275,654 $276,654 $284,954 Vocationally Registered General Practitioner Yr 1 $170,854 $171,854 $177,010 Vocationally Registered General Practitioner Yr 2 $178,044 $179,044 $184,415 Vocationally Registered General Practitioner Yr 3 $186,895 $187,895 $193,532 Vocationally Registered General Practitioner Yr 4 $196,178 $197,178 $203,093 Vocationally Registered General Practitioner Yr 5 $205,950 $206,950 $213,159 SCHEDULE 2 – WA COUNTRY HEALTH SERVICE‌‌‌‌

Appears in 1 contract

Samples: Industrial Agreement

Dispute Settlement Procedures. 23.1 If 17.1 With the exception of Clause 13 which provides its own dispute resolution procedure, any grievance, complaint, claim or dispute, or any matter which is likely to result in a questiondispute between the parties, dispute shall be settled in accordance with the procedures set out herein. 17.2 Where an employee, or difficulty should arise in a group of employees raises the workplace as a result of the meaning or effect of this Agreementmatter, then the following procedures steps shall apply: 23.1.1 be observed: • The employee and their nominated support person employee(s) concerned shall discuss the matter with the immediate supervisor. Where If the matter cannot be satisfactorily resolved at this level the supervisor shall, within 3 working days, or such other period agreed between the parties, shall refer the matter to a Co-ordinator with the employee being advised accordingly. 23.1.2 The Co-ordinatorappropriate manager or their delegate and if required by any of the parties, where possible, will respond to the relevant workplace union representative or other nominated representative may be present. • If the matter raised is not resolved within 1 week of it being referred. If the Co-ordinator is unable to resolve the matter two working days (or more by agreement) it shall be referred to the Manager Director Technical Services for resolution, and the employee employee(s) shall be advised accordingly. 23.1.3 . The ManagerDirector Technical Services will discuss any industrial issues with the Chief Executive Officer. • If the employee(s) desire, where possible, will respond to the matter raised within 1 week of it being referred. If the Manager is unable to resolve the matter it shall may also be referred to the appropriate director and/or CEO and CACC for notification purposes. However, the employee advised accordingly. 23.2 There will procedure detailed above must run its course prior to intervention by the CACC. • If the matter is not resolved by consultation with the Director Technical Services within three working days (or more by agreement) the employee(s), the field staff employees can seek to have the matter resolved by the Chief Executive Officer. • If a dispute is unable to be a commitment to following this process resolved at the workplace, and all efforts will be made to facilitate the earliest possible resolution through open communication. 23.3 All relevant facts shall be clearly identified and recorded. 23.4 At all times throughout the processagreed steps for resolving it have been taken, the parties will maintain confidentiality and matters pertaining to the dispute will only be discussed with relevant parties. Breaches of confidentiality may result in employees being subject to disciplinary measures. 23.5 Emphasis shall be placed on a settlement. However if the negotiation process is exhausted without the dispute being resolved, that matter may be referred by either party to the Australian Industrial Relations Commission for assistance in resolving the dispute by the process of private mediation and, if that is unsuccessful, for formal determination. Before the private mediation, the Commission may confer informally with the parties about matters of procedure, such as: • the presentation of each side’s position (whether oral or in writing); • confidentiality requirements; • representation at the conciliation; • timing, location and duration of the conciliation; • whether a telephone conference is all that is needed in the first instance; and • any further particulars about the Commission’s role in relation ) for resolution by mediation and/or conciliation only. The Commission will be able to establishing proceduresmake recommendations resulting from the mediation and/or conciliations. Subject to the preceding clause, it is agreed that The recommendations made by the Commission will observe confidentiality about all aspects of the matters in dispute and may do such things as: • help not be binding on the parties identify and define unless all the matter(s) in dispute; • help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; • where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matter(s) in dispute quickly, fairly and cost- effectively; and • act as the facilitator of direct negotiations between the parties. The parties may agree that during the mediation process, the Commission may, at its discretion, discuss the matter in dispute privately with any of the parties to the dispute or their representatives. The Commission shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised by the parties to do so. If the matter(s) in dispute remain unresolved, the Commission may make a formal determination. The parties agree to abide by make the determinationrecommendation binding. • While the above procedure is being affected, all employees will ensure that normal work continues and will not take any industrial action. • If a dispute should result in a disruption of work, then the City will organise its operations to ensure that the work will be cleared as quickly as practicable with minimal costs to the City.

Appears in 1 contract

Samples: Collective Agreement

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Dispute Settlement Procedures. 23.1 (1) Subject to Clause 4 - No Further Claims, to the provisions of the Industrial Relations Act 1979 (WA) and Clause 58 - Introduction of Change, any questions, disputes or difficulties raised by a party to this Agreement, will be settled in accordance with the following procedures. (2) If the matter is raised by a practitioner, or a group of practitioners, the following steps will be observed - (a) The practitioner(s) concerned will discuss the matter with the Head of Department. If the matter cannot be resolved at this level the Head of Department will, within three working days, refer the matter to the Director of Medical Services and the practitioner(s) will be advised accordingly. (b) The Director of Medical Services will, if so able, answer the matter raised within one week of it being referred and, if the Director of Medical Services is not able, refer the matter to the Hospital Executive for its attention, and the practitioner(s) will be advised accordingly. (c) If the matter has been referred in accordance with paragraph (b) above the practitioner(s) or the appropriate Association hospital medical practitioner representative will notify the Association, to enable the opportunity of discussing the matter with the Employer. (d) The Employer will, as soon as practicable after considering the matter before it, advise the practitioner(s) or, if necessary, the Association of its decision. Such advice will be given within one month of the matter being referred to the Employer. (e) If the parties agree that a matter is non-industrial it may by agreement be referred to other appropriate bodies (e.g. relevant Colleges) for advice and/or assistance. (f) Nothing in this procedure will prevent the parties agreeing to shorten or extend the periods prescribed. (3) Subject to Clause 4 - No Further Claims, should a question, dispute or difficulty should arise remain in dispute after the workplace as a result of above processes have been exhausted the meaning or effect of this Agreement, then the following procedures shall applymatter may: 23.1.1 The employee and their nominated support person shall discuss the matter with the immediate supervisor. Where the matter cannot be satisfactorily resolved the supervisor shall, within 3 working days, or such other period agreed between the parties, refer the matter to a Co-ordinator with the employee being advised accordingly. 23.1.2 The Co-ordinator, where possible, will respond to the matter raised within 1 week of it being referred. If the Co-ordinator is unable to resolve the matter it shall be referred to the Manager and the employee advised accordingly. 23.1.3 The Manager, where possible, will respond to the matter raised within 1 week of it being referred. If the Manager is unable to resolve the matter it shall be referred to the appropriate director and/or CEO and the employee advised accordingly. 23.2 There will be a commitment to following this process and all efforts will be made to facilitate the earliest possible resolution through open communication. 23.3 All relevant facts shall be clearly identified and recorded. 23.4 At all times throughout the process, the parties will maintain confidentiality and matters pertaining to the dispute will only be discussed with relevant parties. Breaches of confidentiality may result in employees being subject to disciplinary measures. 23.5 Emphasis shall be placed on a settlement. However if the negotiation process is exhausted without the dispute being resolved, that matter may (a) be referred by either party to the Western Australian Industrial Relations Commission for assistance (the persons involved in resolving the question, dispute or difficulty must confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking these matters to the Commission); or (b) if the parties agree, be referred to another independent arbitrator chosen by the process parties or as a last resort nominated by the Western Australian Industrial Relations Commission. In such a case: (i) either party may be represented in the arbitration by an agent or legal practitioner and will bear the costs of private mediation andthat representation; (ii) the Employer will meet the costs of the arbitration, but if the arbitrator determines that a claim is unsuccessful, for formal determination. Before the private mediationfrivolous or vexatious, the Commission arbitrator may confer informally with assign the parties about matters of procedure, such as: • the presentation of each side’s position (whether oral or in writing); • confidentiality requirements; • representation at the conciliation; • timing, location and duration costs of the conciliation; • whether a telephone conference is all that is needed arbitration (but not the costs of representation) against the claimant or apportion them in the first instance; and • any further particulars about the Commission’s role in relation to establishing procedures. Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the matters in dispute and may do such things as: • help the parties identify and define the matter(s) in dispute; • help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; • where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matter(s) in dispute quickly, fairly and cost- effectively; and • act as the facilitator of direct negotiations manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues will be dealt with by discussions between the appropriate Association official(s) and Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may agree that during be dealt with in accordance with subclause (3). (5) While the mediation processabove procedures are being followed no party will take action, of any kind, which may frustrate a settlement in accordance with the above procedures. The status quo (i.e. the condition applying prior to the issue arising) will remain until the issue is resolved in accordance with the above procedures. (6) If the Employer seeks to discipline or terminate a practitioner the principles of natural justice will apply and the following steps will be observed: (a) If a practitioner commits a misdemeanour, the Commission maypractitioner’s immediate supervisor or any authorised medical practitioner may reprimand the practitioner so that the practitioner understands the nature and implications of their conduct. The practitioner has a right to be represented when being reprimanded. (b) The first two reprimands will take the form of warnings and, at its discretionif given verbally, discuss will be confirmed in writing as soon as practicable after the matter in dispute privately with any giving of the parties reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service will, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure will not limit the right of the Employer to summarily dismiss a practitioner for misconduct. Nor will it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) Nothing in this clause constitutes a referral agreement within the meaning of section 12 of the Employment Dispute Resolution Act 2008 (WA). (8) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 (WA) and nothing in this agreement will be construed as meaning any party is obliged to agree to the dispute establishment of the Board of Reference constituted under the Industrial Relations Act 1979 (WA). A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the Employer or their representativesa practitioner. The Commission shall keep confidential the content of any such discussion, SCHEDULE 1 – FULL-TIME ANNUAL BASE SALARY RATES TABLE 1 – DOCTOR IN TRAINING Classification and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised by the parties to do so. If the matter(s) in dispute remain unresolved, the Commission may make a formal determination. The parties agree to abide by the determination.Increment Point On and from 1 October 2020 $1,000 on and from 1 July 2022 3% on and from 1 July 2023 Intern $79,479 $80,479 $82,893 Resident Medical Officer Yr 1 $87,328 $88,328 $90,978 Resident Medical Officer Yr 2 $95,960 $96,960 $99,869 Resident Medical Officer Yr 3 $105,456 $106,456 $109,650 Registrar Yr 1 $110,678 $111,678 $115,028 Registrar Yr 2 $116,163 $117,163 $120,678 Registrar Yr 3 $124,800 $125,800 $129,574 Registrar Yr 4 $130,990 $131,990 $135,950 Registrar Yr 5 $137,489 $138,489 $142,644 Registrar Yr 6 $144,314 $145,314 $149,673 Registrar Yr 7 $151,479 $152,479 $157,053 Senior Registrar Yr 1 $162,766 $163,766 $168,679 Senior Registrar Yr 2 $170,854 $171,854 $177,010 Supervised Medical Officer Yr 1 $110,678 $111,678 $115,028 Supervised Medical Officer Yr 2 $116,163 $117,163 $120,678 Supervised Medical Officer Yr 3 $124,800 $125,800 $129,574 Supervised Medical Officer Yr 4 $130,990 $131,990 $135,950 Supervised Medical Officer Yr 5 $137,489 $138,489 $142,644 Supervised Medical Officer Yr 6 $144,314 $145,314 $149,673 Supervised Medical Officer Yr 7 $151,479 $152,479 $157,053 Supervised Medical Officer Yr 8 $162,766 $163,766 $168,679 Supervised Medical Officer Yr 9 $170,854 $171,854 $177,010 Trainee Medical Administrator Yr 1 $116,163 $117,163 $120,678 Trainee Medical Administrator Yr 2 $124,800 $125,800 $129,574 Trainee Medical Administrator Yr 3 $130,990 $131,990 $135,950 Trainee Medical Administrator Yr 4 $137,489 $138,489 $142,644 Trainee Medical Administrator Yr 5 $144,314 $145,314 $149,673 Trainee Medical Administrator Yr 6 $151,479 $152,479 $157,053 Trainee Medical Administrator Yr 7 $162,766 $163,766 $168,679 Trainee Psychiatrist Yr 1 $124,800 $125,800 $129,574 Trainee Psychiatrist Yr 2 $130,990 $131,990 $135,950 Trainee Psychiatrist Yr 3 $137,489 $138,489 $142,644 Trainee Psychiatrist Yr 4 $144,314 $145,314 $149,673 Trainee Psychiatrist Yr 5 $151,479 $152,479 $157,053 Trainee Psychiatrist Yr 6 $162,766 $163,766 $168,679 Trainee Psychiatrist Yr 7 $170,854 $171,854 $177,010 Trainee Public Health Physician Yr 1 $116,163 $117,163 $120,678 Trainee Public Health Physician Yr 2 $124,800 $125,800 $129,574 Trainee Public Health Physician Yr 3 $130,990 $131,990 $135,950 Trainee Public Health Physician Yr 4 $137,489 $138,489 $142,644 Trainee Public Health Physician Yr 5 $144,314 $145,314 $149,673 Trainee Public Health Physician Yr 6 $151,479 $152,479 $157,053 Trainee Public Health Physician Yr 7 $162,766 $163,766 $168,679 TABLE 2 – SENIOR PRACTITIONERS – ARRANGEMENT A SALARY Classification and Increment Point On and from 1 October 2020 $1,000 on and from 1 July 2022 3% on and from 1 July 2023 Consultant Yr 1 $296,757 $297,757 $306,690 Consultant Yr 2 $306,053 $307,053 $316,265 Consultant Yr 3 $315,811 $316,811 $326,315 Consultant Yr 4 $326,061 $327,061 $336,873 Consultant Yr 5 $336,820 $337,820 $347,955 Consultant Yr 6 $348,116 $349,116 $359,589 Consultant Yr 7 $359,979 $360,979 $371,808 Consultant Yr 8 $372,435 $373,435 $384,638 Consultant Yr 9 $385,515 $386,515 $398,110 Health Service Medical Practitioner Yr 1 $245,133 $246,133 $253,517 Health Service Medical Practitioner Yr 2 $252,324 $253,324 $260,924 Health Service Medical Practitioner Yr 3 $261,175 $262,175 $270,040 Non Specialist Qualified Medical Administrator Yr 1 $252,835 $253,835 $261,450 Non Specialist Qualified Medical Administrator Yr 2 $260,025 $261,025 $268,856 Non Specialist Qualified Medical Administrator Yr 3 $268,877 $269,877 $277,973 Non Specialist Qualified Medical Administrator Yr 4 $278,173 $279,173 $287,548 Non Specialist Qualified Medical Administrator Yr 5 $287,931 $288,931 $297,599 Snr Medical Practitioner Yr 1 $268,877 $269,877 $277,973 Snr Medical Practitioner Yr 2 $278,173 $279,173 $287,548 Snr Medical Practitioner Yr 3 $287,931 $288,931 $297,599 Medical Administrator Yr 1 $296,757 $297,757 $306,690 Medical Administrator Yr 2 $306,053 $307,053 $316,265 Medical Administrator Yr 3 $315,811 $316,811 $326,315 Medical Administrator Yr 4 $326,061 $327,061 $336,873 Medical Administrator Yr 5 $336,820 $337,820 $347,955 Medical Administrator Yr 6 $348,116 $349,116 $359,589 Medical Administrator Yr 7 $359,979 $360,979 $371,808 Medical Administrator Yr 8 $372,435 $373,435 $384,638 Medical Administrator Yr 9 $385,515 $386,515 $398,110 Vocationally Registered General Practitioner Yr 1 $252,835 $253,835 $261,450 Vocationally Registered General Practitioner Yr 2 $260,025 $261,025 $268,856 Vocationally Registered General Practitioner Yr 3 $268,877 $269,877 $277,973 Vocationally Registered General Practitioner Yr 4 $278,159 $279,159 $287,534 Vocationally Registered General Practitioner Yr 5 $287,931 $288,931 $297,599 TABLE 3 – SENIOR PRACTITIONERS – ARRANGEMENT B SALARY Classification and Increment Point On and from 1 October 2020 $1,000 on and from 1 July 2022 3% on and from 1 July 2023 Consultant Yr 1 $186,895 $187,895 $193,532 Consultant Yr 2 $196,192 $197,192 $203,108 Consultant Yr 3 $205,950 $206,950 $213,159 Consultant Yr 4 $216,200 $217,200 $223,716 Consultant Yr 5 $226,959 $227,959 $234,798 Consultant Yr 6 $238,255 $239,255 $246,433 Consultant Yr 7 $250,118 $251,118 $258,652 Consultant Yr 8 $262,574 $263,574 $271,481 Consultant Yr 9 $275,654 $276,654 $284,954 Health Service Medical Practitioner Yr 1 $170,854 $171,854 $177,010 Health Service Medical Practitioner Yr 2 $178,044 $179,044 $184,415 Health Service Medical Practitioner Yr 3 $186,895 $187,895 $193,532 Non Specialist Qualified Medical Administrator Yr 1 $170,854 $171,854 $177,010 Non Specialist Qualified Medical Administrator Yr 2 $178,044 $179,044 $184,415 Non Specialist Qualified Medical Administrator Yr 3 $186,895 $187,895 $193,532 Non Specialist Qualified Medical Administrator Yr 4 $196,192 $197,192 $203,108 Non Specialist Qualified Medical Administrator Yr 5 $205,950 $206,950 $213,159 Snr Medical Practitioner Yr 1 $186,895 $187,895 $193,532 Snr Medical Practitioner Yr 2 $196,192 $197,192 $203,108 Snr Medical Practitioner Yr 3 $205,950 $206,950 $213,159 Medical Administrator Yr 1 $186,895 $187,895 $193,532 Medical Administrator Yr 2 $196,192 $197,192 $203,108 Medical Administrator Yr 3 $205,950 $206,950 $213,159 Medical Administrator Yr 4 $216,200 $217,200 $223,716 Medical Administrator Yr 5 $226,959 $227,959 $234,798 Medical Administrator Yr 6 $238,255 $239,255 $246,433 Medical Administrator Yr 7 $250,118 $251,118 $258,652 Medical Administrator Yr 8 $262,574 $263,574 $271,481 Medical Administrator Yr 9 $275,654 $276,654 $284,954 Vocationally Registered General Practitioner Yr 1 $170,854 $171,854 $177,010 Vocationally Registered General Practitioner Yr 2 $178,044 $179,044 $184,415 Vocationally Registered General Practitioner Yr 3 $186,895 $187,895 $193,532 Vocationally Registered General Practitioner Yr 4 $196,178 $197,178 $203,093 Vocationally Registered General Practitioner Yr 5 $205,950 $206,950 $213,159

Appears in 1 contract

Samples: Industrial Agreement

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