DISPUTE SETTLING PROCEDURE Sample Clauses

DISPUTE SETTLING PROCEDURE. Subject to this clause, any dispute relating to the NES or any grievance, dispute or matter which is raised by St Xxxx, an Employee or group of Employees, except disputes relating to the termination of an Employee’s employment or disciplinary procedures, will be settled according to the following procedure: (a) The complainant will document the dispute in writing and it will then be discussed between the Employee(s) and the relevant supervisor in an attempt to resolve it. (b) If the dispute is not resolved as outlined in clause 36(a) above within five (5) week days of being raised with the relevant supervisor, the dispute will be referred to the relevant line manager, who will attempt to resolve it. (c) If the dispute is not resolved as outlined in clause 36(b) above within five (5) week days of being raised with the relevant line manager, the dispute will be referred to the Chief Executive Officer or their nominee, who will attempt to resolve it. (d) If the dispute is not resolved as outlined in clause 36(c) above within five (5) week days of being raised with the Chief Executive Officer or his/her nominee, and the dispute relates to a matter arising under this Enterprise Agreement or relating to the NES, any party to the dispute may refer it to Fair Work. (e) Fair Work may deal with the dispute in two (2) stages: (i) Fair Work will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (ii) if Fair Work is unable to resolve the dispute at the first stage, Fair Work may then: (A) arbitrate the dispute; and (B) make a determination that is binding on the parties. (f) The parties to the dispute will abide by the decision of Fair Work subject to any party to the dispute exercising a right of appeal against the decision in accordance with the Fair Work Act. (g) The period for resolving a dispute may be extended by agreement between the parties. (h) At all stages of the procedure set out above, either party may appoint or be accompanied by a representative of their choice. (i) While the dispute is being dealt with, or while any conciliation or arbitration is progressing, the Employee(s) concerned will continue to work in accordance with this Agreement.

DISPUTE SETTLING PROCEDURE. A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. If a dispute relates to: • A matter arising under this Agreement; or • The NES; or The below terms set out the procedure to settle a dispute: 1) An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term; 2) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee or Employees and their representative where appointed and relevant supervisors and/or management; 3) While the parties are trying to resolve the dispute using the procedures in this procedure: a. An Employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and b. An Employee must comply with a direction given by the Company to perform other available work at the same workplace, or at another workplace, unless: • The work is not safe; or • Applicable workplace health and safety legislation would not permit the work to be performed; or • The work is not appropriate for the Employee to perform; or • There are other reasonable grounds for the Employee to refuse to comply with the direction. c. If still not resolved, there may be discussions between the relevant Employee or Employees, their Elected Employee Representative or other representative chosen by the Employee/s, and a senior Company representative. Either party may, if the dispute still exists after following the above procedures, refer the matter to FWC for conciliation, mediation and, where appropriate, arbitration. d. The parties to the dispute agree to be bound by a decision made by FWC in accordance with this term so long as any arbitrated outcome is consistent with the Building Code 2013 and/or its successor.

DISPUTE SETTLING PROCEDURE. The union (as defined) and the employer (as defined) undertake to follow the procedure as set out herein, with the intention that all disputes shall be promptly resolved by conciliation in good faith.

DISPUTE SETTLING PROCEDURE. 6.1. In the event of a dispute in relation to a matter arising under this Agreement, in the first instance the Employees and Employer will attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the 6.2. The Employee or Employer party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. 6.3. 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 Australian Industrial Relations Commission (“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. The Arbitrator’s decision must be consistent with the National Code of Practice for the Construction Industry and the Guidelines. 6.4. It is a term of this Agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk to his or her health or safety. 6.5. Any dispute referred to the Commission under this clause should be dealt with by Senior Deputy President Xxxxx, Senior Deputy President Hamburger, Senior Deputy President Xxxx Xxxxxxxx or Commissioner Xxxx Xxxxxxxx or, should one of those members not be available within a reasonable time, a member nominated by the President of the Commission. 6.6. The decision of the Commission will be binding subject to the Employee or employer exercising a right of appeal against the decision to a full bench.

DISPUTE SETTLING PROCEDURE. 13.1.1 Where a grievance or dispute occurs between management and the employee(s), the parties agree to resolve the issues fairly and equitably using the following procedures: a) Whilst resolving the dispute, the parties undertake to continue to work as planned and without interruption unless the employee has a reasonable concern about an imminent risk to his or her health or safety; and b) comply with any reasonable direction given by the employer to perform other appropriate work, either at the same workplace or at another workplace. 13.1.2 An issue or dispute will be constructively discussed between the employee and the manager. The supervisor must attempt to resolve the matter speedily and equitably or advise what action is to be taken within a 48-hour period of the issue being raised.‌ 13.1.3 If the matter is not resolved, the employee may refer the issue to the employer who will attempt to effectively resolve the matter. During the discussion the employee is entitled to have a representative of his/her own choosing present. 13.1.4 If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and all the above steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution. 13.1.5 On a dispute being notified, the Australian Industrial Relations Commission may exercise such powers and functions as the parties agree are appropriate at the time.

DISPUTE SETTLING PROCEDURE. Where there is a dispute between an Employee (or Employees) and the Employer about: (a) the application or interpretation of this Agreement (the matter in dispute); or (b) the NES; the following procedures will apply.

DISPUTE SETTLING PROCEDURE. Any dispute under these provisions shall be dealt with in accordance with the Dispute Resolution Procedure in the Agreement to which this Schedule is attached.

DISPUTE SETTLING PROCEDURE. 2.1.1. This procedure aims to avoid industrial disputes, or where a dispute occurs, to provide a means of settlement based on consultation, co-operation and discussion, and the avoidance of interruption to customer service and work performance. It is the intention for matters to be resolved promptly at the local level. 2.1.2. During any dispute, the status quo existing immediately prior to the matter giving rise to the dispute will remain and work shall continue as it was prior to the dispute without stoppage or the imposition of any ban, limitation or restriction unless an employee has a reasonable concern about an imminent risk to his or her health and/or safety. 2.1.3. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause. 2.1.4. A dispute will not be referred to the next stage until a genuine attempt to resolve the matter has been made at the appropriate level. 2.1.5. Notwithstanding any other provisions having application to the Corporation, any grievance or dispute shall be handled as follows: Stage 1: Discussions between the employee(s) and supervisor and, if requested, the employee’s representative which may include a union workplace representative. Stage 2: Discussions between the employee(s) and the manager, the employee’s representative which may include a union representative and a member of the People Program. Stage 3: Discussion between the employee, the relevant manager, the associate director, People Program (or his/her delegate) and the employee’s representative (if requested) which may include a union representative. 2.1.6. There shall be a commitment by all parties to adhere to this procedure including the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute. Throughout all stages the relevant facts shall be clearly identified and recorded. 2.1.7. Sensible time limits shall be allowed for the completion of the various stages. Discussions outlined in the stages above should, if possible, take place within 24 hours after the request of the employee or the employee's representative. All stages of the procedure should, where practicable be finalised within seven (7) days. 2.1.8. Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the SAET. 2.1.9. The SAET may deal with the d...

DISPUTE SETTLING PROCEDURE. (1) The objectives of the procedure shall be to promote the resolution of disputes by measures based on consultation, co-operation and discussion; to reduce the level of industrial confrontation; and to avoid interruption to the performance of work and the consequential loss of production and wages. A procedure involving up to four stages of discussions shall apply. These are: (a) Discussion between the employee/s concerned at the employee/s request and the appropriate Union Shop Xxxxxxx/Delegate/s, and the immediate supervisor/s; (b) Discussions involving the employee/s, the Shop Xxxxxxx/s and more senior management; (c) Discussions involving representatives from the State Branch of the Union/s concerned and senior management; (d) There shall be an opportunity for any party to raise the issue to a higher stage. (2) There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute. (3) Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded. (4) Sensible time limits shall be allowed for the completion of the various stages of the discussion: at least seven days should be allowed for all stages of discussion to be finalised. (5) Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Western Australian Industrial Relations Commission for assistance in resolving the dispute. (6) In order to allow for the peaceful resolution of grievances the parties shall be committed to avoid stoppages of work, lockouts or any other bans or limitations on the performance of work while the procedures of negotiations and conciliation are being followed. (7) The employer 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 workplace.

DISPUTE SETTLING PROCEDURE. A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances.