Dispute Settling Procedures. (1) The principles of conciliation and direct negotiation shall be adopted for the purpose of prevention and settlement of any questions, disputes or difficulties that may arise in the operation of this Agreement.
(2) The parties to the dispute shall take an early and active part in discussion and negotiation aimed at preventing or settling questions, disputes or difficulties in accordance with the agreed procedures set out here under.
(3) The provisions of this clause shall not preclude an employee from discussing any grievance with a Union representative or a representative of their choice as he/she deems fit. Neither shall the provisions of this clause pre-empt, limit or delay the right of the Union to enter into direct negotiations with the employer to resolve matters in dispute or to address matters of mutual concern.
Dispute Settling Procedures. (1) Subject to Clause 4 - No Further Claims, to the provisions of the Industrial Relations Act, 1979 and Clause 54 - Introduction of Change, any questions, disputes or difficulties raised by a party to this Agreement, shall 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 shall be observed -
(a) The practitioner(s) concerned shall discuss the matter with the Head of Department. If the matter cannot be resolved at this level the Head of Department shall, within three working days, refer the matter to the Director of Medical Services and the practitioner(s) shall be advised accordingly.
(b) The Director of Medical Services shall, 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) shall 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 shall notify the Association, to enable the opportunity of discussing the matter with the employer.
(d) The employer shall, as soon as practicable after considering the matter before it, advise the practitioner(s) or, if necessary, the Association of its decision. Such advice shall 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 shall 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 remain in dispute after the above processes have been exhausted the matter may:
(a) be referred by either party to the Western Australian Industrial Relations Commission (the persons involved in 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 parties or as a last resort nominated by the Western Australian Industrial Relations Commission. In such a case:
(i) either party may be represented i...
Dispute Settling Procedures. (a) In the event a dispute arises in relation to this Agreement, every endeavour shall be made to settle the dispute amicably by direct negotiation and consultation between the parties to this Agreement.
(b) To facilitate the settlement of any such dispute the provisions of Clause 8 of Determination No. 1 of 2011 shall be used.
(c) Prior to invoking the provisions of Clause 8 of Determination No. 1 of 2011, supervisors and members are required to utilize the relevant Personnel Decisions policy in force from time to time.
Dispute Settling Procedures. (a) Where a dispute arises regarding the interpretation, application or operation of any provision of this Agreement it will, in the first instance, be discussed by the employee(s) and their supervisor within 5 working days, unless otherwise agreed, in an effort to resolve the matter promptly.
(b) Where the steps in subclause 10.0(a) are unsuccessful, the employee(s) may refer the matter in writing (“the Dispute Notification”) to the relevant Xxxx or Divisional Head for resolution within 5 working days of the Dispute Notification, unless otherwise agreed. A copy of the Dispute Notification will be sent to the Manager, Industrial Relations.
(c) Where a dispute is not resolved following the steps in subclauses 10.0(a) and (b) above, it may be referred by either of the parties to the dispute to the AIRC for resolution by mediation and/or conciliation and, if the dispute remains unresolved, by 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. Subject to the legislative rights of any party to the dispute to appeal a decision of the AIRC, the parties to the dispute will implement any arbitrated decision of the AIRC in resolution of the dispute.
(d) As an alternative to the AIRC, both the employee(s) and the University may agree to refer the matter to an external mediator or arbitrator in order to resolve the dispute. A mutually agreed arbitrator may exercise such powers and functions as the parties to the dispute agree are appropriate at the time.
(e) Until the procedures described in subclauses 10.0(a) and (b) have been exhausted, the University will not change work, duties, staffing or organisation of work if such is the subject of a dispute, nor take any other action likely to exacerbate the dispute. This subclause does not apply where the matter in dispute is related to clauses 18.0, 20.0 or 21.0.
Dispute Settling Procedures. In relation to any dispute between the parties to this AWA about a matter relating to the application of this AWA (‘the matter’), the following provisions will apply. The parties to the dispute:
(a) will attempt to resolve the matter at the workplace level, including, but not limited to:
(i) the Employee and the supervisor meeting and conferring on the matter; and
(ii) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and
(b) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and
(c) agree to allow either party to refer the matter to mediation if it cannot be resolved at the workplace level; and
(d) agree that if either party refers the matter to mediation in accordance with clause 23(c) above, both parties will participate in the mediation process in good faith; and
(e) acknowledge the right of either party to appoint in writing, another person to act on behalf of the party in relation to the mediation process; and
(f) agree that during the time when the parties attempt to resolve the matter: Employer Initials:
(i) the parties continue to work in accordance with this AWA and the contract of employment unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and
(ii) 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 University to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; and
(iii) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and
(g) agree not to commence an action:
(i) to obtain a penalty under the Act; or
(ii) to obtain damages for breaches of an AWA; or
(iii) to enforce a provision of the AWA or the Act (other than an action to enforce Part 9 of the Act); unless:
A. the party initiating the action has genuinely attempted to resolve the dispute at the workplace level; and
B. either: • a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not request...
Dispute Settling Procedures. Any dispute under these provisions shall be referred to the Commission.
Dispute Settling Procedures. 44.1 The parties agree that all employees and the University have an interest in the proper application of this Agreement. Disputes arising under the operation or application of this Agreement or the National Employment Standards shall be dealt with in accordance with this Clause. At any stage of the dispute an employee may choose to seek the advice and/or be accompanied or represented by an employee representative.
44.2 Where a dispute arises an employee, the Union or an employee representative shall notify the University of the existence of a dispute, and shall discuss the dispute with the appropriate representative of management and attempt to reach agreement within 5 working days.
44.3 If the dispute is unresolved at subclause 44.2, the matter must be referred to and be discussed with the Director, Human Resources and an attempt made to find a satisfactory solution, within a further 5 working days.
44.4 If the dispute is still unresolved, the employee(s), the Union or their employee representative may refer it to an Academic Member of Executive or to a Disputes Committee as per subclause 46.5 of this Agreement within 10 working days.
44.5 Where the dispute cannot be resolved in accordance with subclause 44.4 and all agreed steps for resolving the dispute have been taken, the dispute may be referred to Fair Work Australia (FWA) for resolution. Resolution can be sought by mediation and/or conciliation, and where the matter remains unresolved, arbitration.
44.6 Where arbitration is necessary, FWA may exercise procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
44.7 The period for resolving a dispute may be extended by agreement between the University and the employee, the Union or the employee’s representative.
44.8 While these dispute settling procedures are taking place, working arrangements as they existed prior to the dispute shall continue, unless an employee has reasonable concern about an imminent risk to their health or safety.
44.9 The parties agree to implement the outcomes of arbitrated decisions of FWA arising from disputes raised under this Clause.
Dispute Settling Procedures. 11.1 The Parties are committed to avoiding industrial disputation about the application of this Agreement. Subject to clauses 11.2 and 11.3 this clause sets out procedures to settle a dispute that relates to:
(a) a matter arising under this Agreement; or
(b) the National Employment Standards.
11.2 This clause does not apply in relation to disputes about:
(a) refusals of requests for flexible work arrangements on reasonable business grounds under clauses 50 and 41.19(e) of this Agreement, and section 65(5) of the FW Act;
(b) refusals of requests for extended parental leave on reasonable business grounds under clause 41.20, and under section 76(4) of the FW Act.
11.3 This clause does not prevent an employee who is aggrieved in relation to the matters referred to in clause 11.2 from instead seeking review under section 59 of the PSEM Act.
Dispute Settling Procedures. 14.1 The parties are committed to the avoidance and resolution industrial disputation about the application of this Agreement.
(a) Subject to paragraph (b), this clause sets out procedures to be followed for avoiding and resolving disputes in relation to:
(i) a matter arising under this Agreement; or
(ii) the National Employment Standards
(b) This clause does not apply in relation to disputes about:
(i) refusals for requests for flexible work arrangements on reasonable business grounds under clauses 48 and 49.1 of this Agreement; and section 65(5) of the FW Act; or
(ii) refusals for requests for extended parental leave under clause 55.13(a) or clause 55.13(b) of this Agreement on reasonable business grounds under section 76(4) of the FW Act.
(c) An employee who has a grievance about matters referred to in paragraph (b) can utilise section 59 of the PSEM Act.
Dispute Settling Procedures. 50.1 It is agreed that the University, the Union and all Staff have an interest in the proper application of this Agreement, and in minimising and settling any disputes in a timely manner.
50.2 In the event of a dispute relating to this Agreement, the National Employment Standards or matters relating to a written policy of the University regarding employment, the Staff Member or the Union will raise the dispute with the University and attempt to resolve the matter in accordance with this clause. However, no University policy or part of a University policy will constitute a term of this Agreement. If a dispute relates to a request for flexible work as set out under sub-clauses 19.1-19.4, the procedures of this clause will apply up to FWC Conciliation stage.
50.3 Where a dispute involves a Staff Member, the Staff Member will discuss the matter with their relevant Supervisor or where appropriate, a Staff Member who is more senior than the Staff Member’s Supervisor and attempt to resolve the dispute within the workplace. A Staff Member may choose, at any stage, to be represented by their Union, or an organisation, association or person of their choice in relation to the dispute.
50.4 Where a dispute is not resolved under sub-clause 50.3, at the written request of a party to the dispute, a Disputes Committee will be convened within 5 working days of receipt of the request, unless agreed otherwise. The Disputes Committee will consist of equal numbers of nominees of the parties to the dispute (e.g. 2 University and 2 Union nominees; or the Staff Member and their representative and 2 University nominees; or the Staff Member’s representative and 1 University nominee etc).
50.5 The Disputes Committee will meet and attempt to resolve the dispute within 5 working days of the Disputes Committee being convened. Any resolution will be in the form of a written agreement subject, if necessary, to ratification by a party to the dispute.
50.6 If a dispute under this provision is unable to be resolved at the workplace, the parties to the dispute may agree to refer the dispute for mediation to a person or body other than the Fair Work Commission (FWC).
50.7 Where the matter in dispute remains unresolved, and the steps in sub-clauses 50.2 – 50.6, where appropriate, have been taken, a party to the dispute may refer the dispute to the FWC for conciliation (FWC Conciliation). If the matter cannot be resolved through conciliation, either party to the dispute may elect to have the F...
