DISPUTE SETTLEMENT PROCESS. Any issue, dispute or controversy arising pursuant to this Agreement (a “Dispute”) shall be settled in the following manner. Upon written request of either party, the representatives of Domtar and of Weyerhaeuser shall promptly confer and exert their commercially reasonable efforts without the necessity of any formal proceeding related thereto to reach a reasonable and equitable resolution of such Dispute. If such representatives are unable to resolve such Dispute within ten (10) business days, the Dispute shall be referred to the responsible senior management of each party for resolution. Neither party shall seek any other means of resolving any Dispute arising in connection with this Agreement until both parties’ responsible senior management have had at least five (5) business days to resolve the Dispute following its referral to them.
9.1 Should the parties’ senior management be unable to resolve the Dispute as provided for under this Section 9, the Dispute shall be settled by a single arbitrator in the city of Vancouver, British Columbia, in accordance with the British Columbia Arbitration and Mediation Institute Arbitration Rules (or successor) then in effect. The procedures for arbitration shall be governed by the Commercial Arbitration Act (British Columbia) as amended or supplemented from time to time. The single arbitrator shall have expertise in the area of the pulp and forestry industry. The arbitrator may award costs to the prevailing party. The arbitrator’s decision shall be final and binding upon the parties.
9.2 Either party may trigger an arbitration by notice to the other and the parties shall have thirty (30) days to provide positions in writing to the arbitrator. The arbitrator shall make a determination within another thirty (30) days or within such other period the arbitrator may determine, bearing in mind the time sensitive nature of this process.
9.3 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products under the terms in effect before the Dispute arose. Any products supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.4 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products under the terms in effect before the Dispu...
DISPUTE SETTLEMENT PROCESS. 5.1 In order to assist in achieving harmonious working relationships and maintaining on-going service delivery by the Company, regular and ongoing consultation between the Employees and the Company will be required to ensure co-operation is provided.
5.2 Employees are to be encouraged to contribute to this process with the view of ensuring that work is undertaken in the most safe and productive manner and the highest quality standards.
5.3 In the event of a dispute about a matter under this Agreement or a dispute in relation to the FW Act in the first instance the persons or entities covered by this Agreement must attempt to resolve the matter at the workplace level.
5.4 If a dispute arises in accordance with sub-clause 5.3 the following process shall be followed, provided, always, that work shall continue in the usual manner without loss of time or wages and without bans and limitations so as to allow the steps below to be followed:
(i) The Employee or Employees must first discuss the dispute with their Foreperson or Supervisor;
(ii) If the matter is unable to be resolved the Employee or Employees will discuss the dispute with the Company’s senior site representative, who shall attempt to resolve the matter;
(iii) In the event of such discussions not resolving the dispute the Employee or Employees will meet with the Company’s senior management representative and participate in direct discussions in an attempt to resolve the matter.
5.5 For the purposes of sub-clause 5.4 (i), (ii) and (iii) the Employee or Employees may appoint a workplace representative (which may include a union delegate or union official nominated by the Employee or Employees) to accompany or represent the employee or employees in relation to the dispute.
5.6 Emphasis will be placed on an agreed settlement of the matter. However, if the dispute remains unresolved, and all agreed steps for resolving the dispute have been taken, and there have been genuine attempts to resolve the matter at the workplace, the following shall occur:
(i) The person who has raised the dispute shall refer the matter to FWC within forty eight (48) hours;
(ii) If the dispute is not referred, any affected Employee or the Company covered by the Agreement may refer the matter in dispute to FWC;
(iii) Either the Employee or Employees may authorise a workplace representative named as being covered by the Agreement or another representative of their choice, and the Company may authorise an organisation of its choice o...
DISPUTE SETTLEMENT PROCESS. 14.1 If a dispute relates to:
a) a matter arising under the agreement; or
b) the National Employment Standards; or
c) any other employment-related matter this term sets out procedures to settle the dispute.
14.2 An employee who is a party to the dispute may involve an employee representative to act on their behalf for the purposes of the procedures in this term.
14.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.
14.4 If the matter is not resolved at such a meeting, the parties to the discussion will arrange further discussions involving more senior representatives as appropriate.
14.5 If discussions at the workplace level do not resolve the dispute, or if it is not practicable for steps 14.3 and 14.4 to be completed because of the urgency of the dispute or for any other reason, a party to the dispute may refer the matter to Fair Work Australia.
14.6 Fair Work Australia may deal with the dispute in 2 stages:
a) Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
b) if Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia will then:
i. arbitrate the dispute; and ii. make a determination that is binding on the parties.
14.7 While the parties are trying to resolve the dispute using the procedures in this term:
a) The practices which previously prevailed prior to the dispute arising shall continue unless an employee has a reasonable concern about an imminent risk to his or her health or safety; and
b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
i. the work is not safe; or
ii. applicable occupational health and safety legislation would not permit the work to be performed; or
iii. the work is not appropriate for the employee to perform; or
iv. there are other reasonable grounds for the employee to refuse to comply with the direction.
14.8 The parties to the dispute agree to be bound by a decision made by Fair Work Australia in accordance with this term.
DISPUTE SETTLEMENT PROCESS. Any issue, dispute or controversy arising pursuant to this Agreement (a “Dispute”) shall be settled in the following manner. Upon written request of either party, the representatives of Weyerhaeuser and of Domtar shall promptly confer and exert their commercially reasonable efforts without the necessity of any formal proceeding related thereto to reach a reasonable and equitable resolution of such Dispute. If such representatives are unable to resolve such Dispute within ten (10) business days, the Dispute shall be referred to the responsible senior management of each party for resolution. Neither party shall seek any other means of resolving any Dispute arising in connection with this Agreement until both parties’ responsible senior management have had at least five (5) business days to resolve the Dispute following its referral to them.
DISPUTE SETTLEMENT PROCESS a) The provisions of this clause shall apply to disputes and I or grievances (collectively "issues/s") raised where the dispute relates to:
i. a matter arising under the agreement; or
ii. the National Employment Standards
b) Employees, the Australian Workers' Union, and the Australian Manufacturing Workers Union, and its members, and Xxxx are committed to resolving disputes and/or grievances in a timely and professional matter.
c) Initially, an employee must raise the issue with his or her Team Leader.
d) Should the issue remain unresolved, the employee shall raise the matter with a senior site based manager. Where an employee is a member of a Union, then the AWU and/or the AMWU Workplace Representative shall provide representation to its member.
e) Should the issue remain unresolved, the employee shall raise the issue with the designated Visy management representative. Where an employee is a member of a Union, the member may seek the assistance of the AWU and/or AMWU Organiser who shall raise the issue with the designated Visy management representative.
f) This Visy management representative shall respond to within five working days of the issue having been raised.
g) Unresolved issues may be referred by any party to the AWU & AMWU / Visy Grievance Committee.
h) The AWU and AMWU I Visy Grievance Committee shall consist of three representatives of The Australian Workers' Union / AMWU appointed by the relevant Xxxxxxxx Xxxxxx Secretary (1 Organiser, 2 Workplace Representatives from the site at which the issue exists) and three Visy management representatives.
i) If a dispute about a matter arising under this agreement is unable to be resolved at the workplace, and all appropriate steps under clause 19 have been taken, a party to the dispute may refer the dispute to Fair Work Commission.
DISPUTE SETTLEMENT PROCESS. 6.1. Any disputes arising in connection with the execution of this Agreement, or related to it, shall be settled by negotiation.
6.2. If the dispute cannot be settled through negotiations, it shall be settled in court in accordance with the legislation of Ukraine.
DISPUTE SETTLEMENT PROCESS. 9.1 In the event of a dispute between an Employee and the Company about:
(a) a matter arising under the terms of this Agreement; or
(b) the NES
9.2 This clause sets out procedures to settle the dispute.
9.3 A party to a dispute may nominate a support person or representative for the purposes of the procedures in this clause.
9.4 Reasonable time shall be allowed for each step of the procedure and each step must be completed before proceeding to the next step.
9.5 Step 1. In the first instance, the Employee and his/her Supervisor shall make every endeavour to resolve the dispute.
9.6 Step 2. If not resolved at Step 1, the Employee shall discuss the dispute with the relevant Work Site Manager who will take all reasonable steps to resolve the matter.
9.7 Step 3. If the matter is not resolved at Step 2, the Employee and senior management (as nominated by the Company) shall make every endeavour to resolve the dispute.
9.8 Step 4. If the matter is not resolved at Step 3, either party to the dispute may give the other party a written statement outlining the dispute. Should this occur, the other party shall give a written response.
DISPUTE SETTLEMENT PROCESS. Any grievance or dispute about a matter arising under the Agreement will be dealt with in accordance with the following procedure.
(a) In the first instance the matter may be raised with the Employee's immediate manager or supervisor who will attempt to resolve it within a reasonable time.
(b) If the matter cannot be resolved with the Employee's immediate manager or supervisor, either party may refer the matter to the supervisor's manager who will seek to resolve the matter within a reasonable time, failing which the assistance of a more senior manager may be sought.
(c) If the matter remains unresolved either Party may refer the matter to the appropriate People and Performance representative or another senior person (up to and including the CEO).
(d) If the matter still remains unresolved, either Party may refer the dispute to the AIRC for conciliation and/or arbitration.
(e) During the dispute resolution process, normal work practices and procedures will continue in accordance with XXXX's reasonable directions.
(f) Nothing in these procedures will prevent any party from exercising its rights under the Act.
(g) XXXX recognises that an Employee who is a member of the FSU may wish to raise a matter with their Union representative who may become involved in the discussion at any stage of the process.
DISPUTE SETTLEMENT PROCESS. Any disputes or personal grievances which the employee(s) may have with the Company shall be handled in accordance with the Dispute Settlement Process. The purpose of the Dispute Settlement Process is to allow the employee(s) access to a system to discuss and resolve matters of concern. When the employee(s) have a concern and wishes to have this concern addressed, the following steps will be followed. Individuals must be advised that they have the right to have present an elected Workplace Representative or an employee of their choice during steps (b) to (c) below. Discuss with the Team Leader. If not resolved, arrange to discuss with Team Leader’s Manager. If still unresolved, discuss with the Plant Manager and or Division Human Resources Manager and the appropriate Employee Representative on official required in order to resolve the issue. If the dispute remains unresolved and the matter relates to the terms and conditions of employment detailed in the Agreement, the matter should be referred to the Staff Council. If having followed the steps (b) to (e) (or steps (b) to (d) in the case of a personal grievance) a resolution to the dispute is not possible, then the arguments will be presented to a mutually agreed independent arbitrator. If an agreement cannot be reached on an independent arbitrator then the Australian Industrial Relations Commission shall be used. The arbitrator will be requested to determine wholly in favour of one argument or the other. The arbitrator will set out in writing the reasons for his/her decision. Both parties agree to accept the decision of the arbitrator as the final agreement. If agreement cannot be reached on an independent arbitrator and the parties are still unable to agree a decision, then either or both parties shall notify the Australian Industrial Relations Commission of a dispute in relation to the matter or matters in contention and the Australian Industrial Relations Commission will deal with the matter in the same way that it would deal with any dispute notification before it. Where the Australian Industrial Relations Commission deals with a dispute the parties are entitled to exercise all their rights under the Workplace Relations Act 1996, or the prevailing legislation. Issues affecting individuals will be effectively and speedily dealt with in an atmosphere of mutual trust and confidence and it will be normal for most issues to be resolved informally between the individuals and the Team Leader. Issues discusse...
DISPUTE SETTLEMENT PROCESS. (a) Until the matter is determined, normal duty arrangements shall continue. No party shall be prejudiced as to the final settlement by the continuance of work as a result of this process.
(b) Individual disputes shall follow the steps contained in this clause. The process provides for four separate stages, any of which may be potentially relied on to resolve the dispute. In all other cases the matter shall be dealt with in accordance with sub-clause (iv).
