Common use of Dispute Settling Procedures Clause in Contracts

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 FWC arbitrate the matter (FWC Arbitration). 50.8 If an application for arbitration is made, the FWC may exercise any of its powers under the Fair Work Act. A direction or decision of the FWC will be implemented by the parties, subject to either party exercising a right of appeal against the decision of the FWC to the Full Bench of the FWC. 50.9 Until the steps in sub-clauses 50.2 – 50.5 have been concluded: (a) work will continue in the normal manner; (b) no industrial action will be taken by a party to the dispute in respect of the matter that is the subject of the dispute; and (c) the University will not change work, staffing or the organisation of work if such is the subject of the dispute, nor take any other action likely to exacerbate the dispute. 50.10 Decisions in accordance with this Agreement to terminate employment will not be subject to further review or dispute. PART 12: ENGAGEMENT AT MACQUARIE

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 NTEU 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 subclauses 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 subclause 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 NTEU 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 subclauses 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 FWC arbitrate the matter (FWC Arbitration). 50.8 If an application for arbitration is made, the FWC may exercise any of its powers under the Fair Work Act. A direction or decision of the FWC will be implemented by the parties, subject to either party exercising a right of appeal against the decision of the FWC to the Full Bench of the FWC. 50.9 Until the steps in sub-clauses subclauses 50.2 – 50.5 have been concluded: (a) work will continue in the normal manner; (b) no industrial action will be taken by a party to the dispute in respect of the matter that is the subject of the dispute; and (c) the University will not change work, staffing or the organisation of work if such is the subject of the dispute, nor take any other action likely to exacerbate the dispute. 50.10 Decisions in accordance with this Agreement to terminate employment will not be subject to further review or dispute. PART 12: ENGAGEMENT AT MACQUARIE

Dispute Settling Procedures. 50.1 It is agreed 46.1 When the parties to this Agreement are in dispute over any issue that directly affects the Universityinterests of any of the parties, 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 be dealt with the University and attempt to resolve the matter in accordance with this clause. However. Step 1 In the first instance, no University policy any claim, dispute or part of a University policy matter (the Dispute), which is local in nature, and which will constitute a term of this Agreement. If a dispute relates to a request for flexible work as set out under sub-clauses 19.1-19.4not impact on other locations, will be settled at the workplace between the employee and or their representative or Union and the local Manager (that is, the procedures of this clause will apply up to FWC Conciliation stage. 50.3 employee’s immediate Manager). Where a dispute involves a Staff Member, the Staff Member will discuss the matter with their relevant Supervisor or where appropriatepractical, a Staff Member who is more senior than the Staff Member’s Supervisor and genuine attempt to resolve the Dispute should be made within 24 hours of the dispute within being raised. Step 2 If the workplaceDispute cannot be resolved as provided for in Step 1 the employee and or their representative or local delegate is to present the Depot/Unit Manager with a notice of dispute outlining the specific nature of the dispute. A Staff Member may chooseThe Depot/Unit Manager will discuss the Dispute with the employee and or their representative, at any stageand local Union delegate as soon as practicable. Step 3 If the Dispute is not resolved as provided for in Step 2 (or if the subject matter of the Dispute is not local in nature), to the dispute should be represented by their Union, or an organisation, association or person of their choice in relation referred to the appropriate General Manager, and may also be referred by the employee or their representative or local Union delegate to a Union Official, who must attempt to resolve the dispute. 50.4 . Where a dispute is not resolved under sub-clause 50.3local in nature, at involves the written request interpretation of a party to the dispute, a Disputes Committee will be convened within 5 working days of receipt policy 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; Employer 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 workplacean industrial instrument, the parties to the dispute may agree to bypass steps 1 through 3 and instead refer the dispute matter directly to the Manager, Employee Relations for mediation to resolution, in conjunction with the relevant Manager/s or General Manager/s. Step 4 If, following action under Steps 1 through 3 or subclause (Disputes Not Local in Nature subclause) 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 – 50.6employee their representative or a Union, where appropriateor the Manager Employee Relations, have been takenmay refer the matter to the General Manager, Human Resources (or, at the discretion of the General Manager, Human Resources, the Division Head) for a further attempt at resolution between the parties. Step 5 If, following action under Steps 1 to 4, the dispute remains unresolved, a party to the dispute may refer the dispute to the FWC for conciliation Unions NSW (FWC Conciliation). If the matter cannot advice to be resolved through conciliationprovided to other party/ies) following which a 72 hour cooling off period (exclusive of weekends and public holidays) will apply, either party to the dispute may elect enable Unions NSW to have the FWC arbitrate the matter (FWC Arbitration). 50.8 If an application for arbitration is made, the FWC may exercise any of its powers under the Fair Work Act. A direction or decision of the FWC will be implemented by the parties, subject to either party exercising a right of appeal against the decision of the FWC to the Full Bench of the FWC. 50.9 Until the steps in sub-clauses 50.2 – 50.5 have been concluded: (a) work will continue assist in the normal manner; (b) no industrial action will be taken by a party to the dispute in respect of the matter that is the subject resolution of the dispute; and (c) the University will not change work, staffing or the organisation of work if such is the subject of the dispute, nor take any other action likely to exacerbate the dispute. 50.10 Decisions in accordance with this Agreement to terminate employment will not be subject to further review or dispute. PART 12: ENGAGEMENT AT MACQUARIE