Common use of Dispute Settling Procedures Clause in Contracts

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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer shall meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall 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 be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall 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) shall 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 shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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 shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 4 contracts

Samples: Ama Industrial Agreement, Department of Health Medical Practitioners (Director General) Ama Industrial Agreement 2011, Industrial Agreement

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Dispute Settling Procedures. (1) Subject to Clause 4 - No Further Claims, to Claims and the provisions of the Industrial Relations Act, Act 1979 and Clause 54 - Introduction of Change(WA), any questions, disputes or difficulties raised by a party to this Agreement, shall will be settled in accordance with the following procedures. (2) If the matter is raised by a practitionerClinical Academic, or a group of practitionersClinical Academics, the following steps shall will be observed - (a) The practitioner(sClinical Academic(s) concerned shall will discuss the matter with the Head of Department. If the matter cannot be resolved at this level the Head of Department shallwill, within three working days, refer the matter to the Director of Medical Services and the practitioner(sClinical Academic(s) shall will be advised accordingly. (b) The Director of Medical Services shallwill, 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(sClinical Academic(s) shall will be advised accordingly. (c) If the matter has been referred in accordance with paragraph (b) above the practitioner(sClinical Academic(s) or the appropriate Association AMA hospital medical practitioner Clinical Academic representative shall will notify the Association, to enable the opportunity of discussing the matter with the employerEmployer. (d) The employer shallEmployer will, as soon as practicable after considering the matter before it, advise the practitioner(sClinical Academic(s) or, if necessary, the Association of its decision. Such advice shall will be given within one month of the matter being referred to the employerEmployer. (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 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 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 in the arbitration by an agent or legal practitioner representative and shall will bear the costs of that representation;; and (ii) the employer shall Employer will meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall will be dealt with by discussions between the appropriate Association official(s) and employer Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall 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) shall will remain until the issue is resolved in accordance with the above procedures. (6) If the employer an Employer seeks to discipline or terminate a practitioner Clinical Academic the principles of natural justice shall will apply and the following steps shall will be observed: (a) If a practitioner Clinical Academic commits a misdemeanour, the practitionerClinical Academic’s immediate supervisor or any authorised medical practitioner may reprimand the practitioner Clinical Academic so that the practitioner Clinical Academic understands the nature and implications of their conduct. The practitioner Clinical Academic has a right to be represented when being reprimanded. (b) The first two reprimands shall will take the form of warnings and, if given verbally, shall will be confirmed in writing as soon as practicable after the giving of the reprimand. ‌ SCHEDULE 1 – ANNUAL SALARY RATES‌ Classification On and from 1-Oct-2020 On and from 1-Jul-2022 On and from 1-Jul-2023 Professor (E1) $399,248 $400,248 $412,255 Associate Professor (D4) $385,515 $386,515 $398,110 Senior Lecturer (C6) $358,050 $359,050 $369,822 Lecturer (B6) $330,584 $331,584 $341,532 Classification On and from 1-Oct-2020 On and from 1-Jul-2022 On and from 1-Jul-2023 Professor (E1) $289,387 $290,387 $299,099 Associate Professor (D4) $275,654 $276,654 $284,954 Senior Lecturer (C6) $248,188 $249,188 $256,664 Lecturer (B6) $220,723 $221,723 $228,375 *The above tables represent the highest Aggregate Salary rate applicable to each classification under the University Industrial Agreement. Resources Organisational Development and Workforce Diversity Purpose‌ (A) This Policy defines the nature and purpose of Sabbatical, setting out the eligibility criteria, qualifying service, application and approval process, and financial support. (cB) Should it be necessaryThis Policy also outlines the requirement to enter into a Sabbatical Contract before proceeding on Sabbatical, for any reason, to reprimand which includes a practitioner three times, the contract return of service shall, upon to the giving University equivalent to the length of that third reprimand, be terminable in accordance with the provisions of this AgreementSabbatical. (dC) This procedure shall not limit the right of the employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of ReferenceMore information about academic sabbatical can be found at Academic Sabbatical. (7D) A Board of Reference constituted pursuant In this Policy — Purpose 1 Scope 2 2.1 Institutional Scope 2 2.2 Individual Scope 2 Policy Statement 3 Authority 3 General Conditions Governing Sabbaticals 3 5.1 Eligibility to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.Apply 3

Appears in 3 contracts

Samples: Wa Health System Medical Practitioners (Clinical Academics) Ama Industrial Agreement 2022, Wa Health System Medical Practitioners (Clinical Academics) Ama Industrial Agreement 2022, Wa Health System Medical Practitioners (Clinical Academics) Ama Industrial Agreement 2022

Dispute Settling Procedures. (1) Subject to Clause 4 - No Further Claims, to the provisions of the Industrial Relations Act, 1979 and Clause 54 53 - 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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer shall meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall 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 be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall 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) shall 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 shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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 shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 3 contracts

Samples: Department of Health Medical Practitioners (Wa Country Health Service) Ama Industrial Agreement 2013, Department of Health Medical Practitioners (Drug and Alcohol Office) Ama Industrial Agreement 2013, Department of Health Medical Practitioners (Director General) Ama Industrial Agreement 2013

Dispute Settling Procedures. (1) Subject to Clause 4 - 3 – No Further Claims, to Claims and the provisions of the Industrial Relations Act, 1979 and Clause 54 - Introduction of Change1979, 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 practitionerclinical academic, or a group of practitionersclinical academics, the following steps shall be observed - (a) The practitioner(sclinical academic(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(sclinical academic(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(sclinical academic(s) shall be advised accordingly. (c) If the matter has been referred in accordance with paragraph (b) above the practitioner(sclinical academic(s) or the appropriate Association AMA hospital medical practitioner clinical academic representative shall notify the Association, to enable the opportunity of discussing the matter with the employerEmployer. (d) The employer Employer shall, as soon as practicable after considering the matter before it, advise the practitioner(sclinical academic(s) or, if necessary, the Association of its decision. Such advice shall be given within one month of the matter being referred to the employerEmployer. (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 3 - 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 in the arbitration by an agent or legal practitioner representative and shall bear the costs of that representation;; and (ii) the employer shall Employer will meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall will be dealt with by discussions between the appropriate Association AMA official(s) and employer Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may be dealt with in accordance with subclause sub-clause (3). (5) While the above procedures are being followed no party shall 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) shall will remain until the issue is resolved in accordance with the above procedures. (6) If the employer an Employer seeks to discipline or terminate a practitioner clinical academic the principles of natural justice shall apply and the following steps shall be observed: (a) If a practitioner clinical academic commits a misdemeanour, the practitionerclinical academic’s immediate supervisor or any authorised medical practitioner may reprimand the practitioner clinical academic so that the practitioner clinical academic understands the nature and implications of their conduct. The practitioner clinical academic has a right to be represented when being reprimanded. (b) The first two reprimands shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner clinical academic three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer an Employer to summarily dismiss a practitioner clinical academic for misconduct. Nor shall it limit the right of a practitioner clinical academic to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7e) A Board of Reference constituted pursuant decision by an Employer to this Agreement is not discipline a Board of Reference within clinical academic or terminate the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision employment of a Board clinical academic shall not, by this Agreement, cause the University to discipline a clinical academic or terminate the employment or tenure of Reference constituted pursuant to this Agreement is not binding on a clinical academic or otherwise impose any obligation or commitment upon the employer or a practitionerUniversity.

Appears in 2 contracts

Samples: Department of Health Medical Practitioners (Clinical Academics) Ama Industrial Agreement 2011, Department of Health Medical Practitioners (Clinical Academics) Ama Industrial Agreement 2011

Dispute Settling Procedures. (1i) Subject All parties must use their best endeavours to Clause 4 - No Further Claims, cooperate in order to the provisions of the Industrial Relations Act, 1979 and Clause 54 - Introduction of Change, avoid any questions, disputes or difficulties raised by a party to this Agreement, shall be settled in accordance with the following proceduresgrievances and/or disputes. (2ii) Where a dispute arises in any HammondCare hospital, regardless of whether it relates to an individual nurse or to a group of nurses, the matter must be discussed in the first instance by the nurse(s) (or the Association on behalf of the nurse(s) if the nurse(s) so request(s) ) and the immediate supervisor of that nurse(s). (iii) If the matter is raised not resolved within a reasonable time it must be referred by a practitioner, the nurse(s)' immediate supervisor to the Operations Manager/Director of Nursing (or a group of practitioners, his or her nominee) and may be referred by the following steps shall be observed - (anurse(s) The practitioner(s) concerned shall discuss to the matter with the Association‟s Head of DepartmentOffice. If the matter cannot be resolved Discussions at this level the Head must take place and be concluded within 2 working days of Department shall, within three working days, refer the matter to the Director of Medical Services and the practitioner(s) shall referral or such extended period as may be advised accordinglyagreed. (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. (civ) If the matter has been referred in accordance with paragraph (b) above remains unresolved, the practitioner(s) or the appropriate Association hospital medical practitioner representative shall notify the Association, to enable the opportunity of discussing the matter must then confer with the employerGeneral Manager, Health and Hospitals, in consultation with People Services.. Discussions at this level must take place and be concluded within two working days of referral or such extended period as may be agreed. (dv) The employer shallIf a dispute is unable to be resolved at the workplace, as soon as practicable after considering and all appropriate steps under paragraphs (i)-(iv) have been taken, a party to the matter before itdispute may refer the dispute to Fair Work Australia . Unless the parties agree otherwise, advise Fair Work Australia is expressly permitted by this Agreement to perform any function that it considers appropriate to ensure the practitioner(s) or, if necessary, the Association of its decision. Such advice shall be given within one month settlement of the matter being referred dispute. Without limiting the scope of such functions, they shall include mediation, conciliation and/or arbitration. HammondCare or an employee may appoint another person, organisation or association to accompany and/or represent them for the employerpurposes of this clause. (evi) If During these procedures normal work must continue and there must be no stoppages of work, lockouts, or any other bans or limitations on 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 assistanceperformance of work. (fvii) Nothing The status quo before the emergence of the issue must continue whilst these procedures are being followed. For this purpose 'status quo' means the work procedures and practices 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 mayplace: (a) be referred by either party to immediately before 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)issue arose; or (b) if immediately before any change to those procedures or practices, which caused the parties agreeissue to arise, be referred to another independent arbitrator chosen by was made. HammondCare must ensure that all practices applied during 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 operation of these procedures are in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer shall meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and bindingaccordance with safe working practices. (4viii) System wide issues shall Throughout all stages of these procedures, adequate records must 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 be dealt with in accordance with subclause (3)kept of all discussions. (5ix) While These procedures will be facilitated by the above procedures are being followed no earliest possible advice by one party shall take action, to the other of any kind, issue or problem which may frustrate a settlement in accordance with the above procedures. The status quo (i.e. the condition applying prior to the issue arising) shall 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 shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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 shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination give rise to a Board of Referencegrievance or dispute. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Dispute Settling Procedures. (1) Subject to Clause 4 3 - No Further ClaimsNO FURTHER CLAIMS, to the provisions of the Industrial Relations Act, 1979 and Clause 54 49 - Introduction of Change, 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 AMA hospital medical practitioner representative shall notify the AssociationAMA, to enable the opportunity of discussing the matter with the employerEmployer. (d) The employer Employer shall, as soon as practicable after considering the matter before it, advise the practitioner(s) or, if necessary, the Association AMA of its decision. Such advice shall be given within one month of the matter being referred to the employerEmployer. (e) If the parties agree that a matter is non-industrial it may by agreement be referred to other appropriate bodies (e.g. eg relevant Royal 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 3 - No Further ClaimsNO 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 CommissionPublic Sector Standards Commissioner. In such a case: (i) either party may be represented in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer shall Employer will meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall will be dealt with by discussions between the appropriate Association AMA official(s) and employer Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall take action, of any kind, which may frustrate a settlement in accordance with the above procedures. The status quo (i.e. ie the condition applying prior to the issue arising) shall will remain until the issue is resolved in accordance with the above procedures. (6) If the employer Employer seeks to discipline or terminate a practitioner the principles of natural justice shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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 shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer Employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 1 contract

Samples: Industrial Agreement

Dispute Settling Procedures. (1) Subject to Clause 4 - 3 – No Further Claims, to Claims and the provisions of the Industrial Relations Act, 1979 and Clause 54 - Introduction of Change1979, 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 practitionerclinical academic, or a group of practitionersclinical academics, the following steps shall be observed - (a) The practitioner(sclinical academic(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(sclinical academic(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(sclinical academic(s) shall be advised accordingly. (c) If the matter has been referred in accordance with paragraph (b) above the practitioner(sclinical academic(s) or the appropriate Association AMA hospital medical practitioner clinical academic representative shall notify the Association, to enable the opportunity of discussing the matter with the employerEmployer. (d) The employer Employer shall, as soon as practicable after considering the matter before it, advise the practitioner(sclinical academic(s) or, if necessary, the Association of its decision. Such advice shall be given within one month of the matter being referred to the employerEmployer. (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 3 - 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 in the arbitration by an agent or legal practitioner representative and shall bear the costs of that representation;; and (ii) the employer shall Employer will meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall will be dealt with by discussions between the appropriate Association AMA official(s) and employer Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may be dealt with in accordance with subclause sub-clause (3). (5) While the above procedures are being followed no party shall 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) shall will remain until the issue is resolved in accordance with the above procedures. (6) If the employer an Employer seeks to discipline or terminate a practitioner clinical academic the principles of natural justice shall apply and the following steps shall be observed: (a) If a practitioner clinical academic commits a misdemeanour, the practitionerclinical academic’s immediate supervisor or any authorised medical practitioner may reprimand the practitioner clinical academic so that the practitioner clinical academic understands the nature and implications of their conduct. The practitioner clinical academic has a right to be represented when being reprimanded. (b) The first two reprimands shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner clinical academic three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer an Employer to summarily dismiss a practitioner clinical academic for misconduct. Nor shall it limit the right of a practitioner clinical academic to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7e) A Board of Reference constituted pursuant decision by an Employer to this Agreement is not discipline a Board of Reference within clinical academic or terminate the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision employment of a Board clinical academic shall not, by this Agreement, cause the University to discipline a clinical academic or terminate the employment or tenure of Reference constituted pursuant to this Agreement is not binding on a clinical academic or otherwise impose any obligation or commitment upon the employer or a practitionerUniversity.

Appears in 1 contract

Samples: Department of Health Medical Practitioners (Clinical Academics) Ama Industrial Agreement 2008

Dispute Settling Procedures. (1) Subject to Clause 4 - No Further Claims, 11.1 Where any dispute arises as to the provisions application of this Agreement: 11.1.1 In the first instance, the Trades and Services Staff member and his/her supervisor shall discuss the dispute in an attempt to resolve the dispute. The Trades and Services Staff member may choose to be accompanied by a Representative of his or her choice. 11.1.2 Where a dispute remains unresolved, at the request of either party to the dispute, a Disputes Committee shall be convened within one working week unless agreed otherwise by the Disputes Committee. The Disputes Committee shall consist of: a) two management nominees; and b) two nominees of the Industrial Relations Act, 1979 and Clause 54 - Introduction Chairperson of Change, any questions, disputes or difficulties raised by the JCC drawn from a party to this Agreement, shall be settled pool of elected staff members in accordance with the following proceduresclause 10. All nominees will be selected in a timely fashion. (2) If 11.1.3 The Disputes Committee shall attempt to resolve the matter is raised by a practitioner, or a group within one working week of practitioners, the following steps its first meeting. Any resolution shall be observed - (a) The practitioner(s) concerned shall discuss in the matter with the Head form 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) ora written Agreement subject, if necessary, to ratification by the Association of its decision. Such advice parties to the dispute. 11.2 Until the procedures described above have been exhausted: a) work shall continue in the normal manner; b) no industrial action shall be given within one month taken by any party to the dispute or any other party bound by this Agreement; c) management shall 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; and d) the subject matter being of the dispute shall not be taken to the Australian Industrial Relations Commission by any party to the dispute. 11.3 Should the dispute not be resolved by the processes referred to above the matter may be 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) Australian Industrial Relations Commission for advice and/or assistance. (f) Nothing in this procedure shall prevent the parties agreeing to shorten conciliation 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 arbitration by either party to the Western dispute in which case the parties to the dispute shall be bound by any recommendation or decision of the Commission. 11.4 It is acknowledged that if the dispute relates to an alleged ambiguity or uncertainty in this Agreement any party to the dispute may at any time apply for variation of the Agreement to eliminate the alleged uncertainty or ambiguity or the Australian Industrial Relations Commission (may act of its own motion to take steps to vary the persons involved in the questionAgreement. SECTION 2 – UNIVERSITY AND STAFF MEMBERS’ DUTIES, 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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer shall meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall 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 be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall 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) shall 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 shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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 shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

Appears in 1 contract

Samples: Monash University Enterprise Agreement

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, 12.1 Where 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 mayarises: (a) be referred by either party as to the Western Australian Industrial Relations Commission (the persons involved in the question, dispute application of this Agreement or difficulty must confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking these any matters to the Commission)arising from it; or (b) if in relation to the parties agree, National Employment Standards other than a dispute about whether an employer had reasonable business grounds under subsection 65(5) of the Fair Work Act 2009; or (c) which this Agreement expressly and additionally provides may be referred to another independent arbitrator chosen this procedure, in the first instance the Trade and Services Staff member and his/her supervisor shall discuss the dispute in an attempt to resolve the dispute. The Trades and Services Staff member may choose to be accompanied by a Representative of his or her choice. 12.2 Where a dispute remains unresolved, at the request of either party to the dispute, a Disputes Committee shall be convened within one working week unless agreed otherwise by the Disputes Committee. The Disputes Committee shall, unless otherwise agreed to 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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer shall meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall 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 be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall 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) shall 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 shall apply and the following steps shall be observeddispute, consist of: (a) If a practitioner commits a misdemeanour, the practitioner’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.two management nominees; and (b) two nominees of the Chairperson of the JCC drawn from a pool of elected staff members in accordance with clause 11. All nominees will be selected in a timely fashion. 12.3 The Disputes Committee shall attempt to resolve the matter within one working week of its first two reprimands meeting. Any resolution shall take be in the form of warnings anda written agreement subject, if given verballynecessary, to ratification by the parties to the dispute. 12.4 Until the procedures described in clause 12.1 – 12.3 above have been exhausted: (a) work shall continue in the normal manner; (b) no industrial action shall be confirmed in writing as soon as practicable after taken by any party to the giving of the reprimand.dispute or any other party bound by this Agreement; (c) Should it management shall 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; and (d) the subject matter of the dispute shall not be necessary, for taken to Fair Work Australia by any reason, party to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of dispute or any other party bound by this Agreement. (d) This procedure 12.5 Should the dispute not be resolved by the processes referred to in clause 12.1-12.3 above, the matter may be referred to Fair Work Australia for conciliation or arbitration by either party to the dispute in which case the parties to the dispute shall not limit be bound by any recommendation or decision of Fair Work Australia. 12.6 It is acknowledged that if the right dispute relates to an alleged ambiguity or uncertainty in this Agreement any party to the dispute may at any time apply for variation of the employer Agreement to summarily dismiss a practitioner for misconduct. Nor shall it limit eliminate the right alleged uncertainty or ambiguity or Fair Work Australia may act of a practitioner its own motion to refer a claim for alleged wrongful or unlawful termination take steps to a Board of Referencevary the Agreement. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 1 contract

Samples: Enterprise Agreement

Dispute Settling Procedures. (1) Subject to Clause 4 3 - No Further Claims, to the provisions of the Industrial Relations Act, 1979 and Clause 54 - 47 ‑ Introduction of Change, 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 Chief Executive Officer and the practitioner(s) shall be advised accordingly. (b) The Director of Medical Services Chief Executive Officer shall, if so able, answer the matter raised within one week of it being referred and, if the Director of Medical Services Chief Executive Officer is not able, refer the matter to the Hospital Executive Board 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 AMA hospital medical practitioner representative shall notify the AssociationAMA, to enable the opportunity of discussing the matter with the employerEmployer. (d) The employer Employer shall, as soon as practicable after considering the matter before it, advise the practitioner(s) or, if necessary, the Association AMA of its decision. Such advice shall be given within one month of the matter being referred to the employerEmployer. (e) If the parties agree that a matter is non-industrial it may by agreement be referred to other appropriate bodies (e.g. eg relevant Royal 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 3 - 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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer shall Employer will meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall will be dealt with by discussions between the appropriate Association AMA official(s) and employer Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall 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) shall will remain until the issue is resolved in accordance with the above procedures. (6) If the employer Employer seeks to discipline or terminate a practitioner the principles of natural justice shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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 shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer Employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 1 contract

Samples: Industrial Agreement

Dispute Settling Procedures. (1) Subject to Clause 4 - No Further Claims, to the provisions of the Industrial Relations Act, 1979 and Clause 54 53 - 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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer shall meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall 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 be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall 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) shall 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 shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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 shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 1 contract

Samples: Ama Industrial Agreement

Dispute Settling Procedures. (1) Subject to Clause 4 3 - No Further Claims, to NO FURTHER CLAIMS and the provisions of the Industrial Relations Act, 1979 and Clause 54 - Introduction of Change1979, 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 practitionerclinical academic, or a group of practitionersclinical academics, the following steps shall be observed - (a) The practitioner(sclinical academic (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(sclinical academic (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(sclinical academic(s) shall be advised accordingly. (c) If the matter has been referred in accordance with paragraph (b) above the practitioner(sclinical academic(s) or the appropriate Association AMA hospital medical practitioner clinical academic representative shall notify the AssociationAMA, to enable the opportunity of discussing the matter with the employerEmployer. (d) The employer Employer shall, as soon as practicable after considering the matter before it, advise the practitioner(sclinical academic(s) or, if necessary, the Association AMA of its decision. Such advice shall be given within one month of the matter being referred to the employerEmployer. (e) If the parties agree that a matter is non-industrial it may by agreement be referred to other appropriate bodies (e.g. eg relevant Royal 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 3 - 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 in the arbitration by an agent or legal practitioner clinical academic and shall bear the costs of that representation; (ii) the employer shall Employer will meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall will be dealt with by discussions between the appropriate Association AMA official(s) and employer Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall take action, of any kind, which may frustrate a settlement in accordance with the above procedures. The status quo (i.e. ie the condition applying prior to the issue arising) shall will remain until the issue is resolved in accordance with the above procedures. (6) If the employer an Employer seeks to discipline or terminate a practitioner clinical academic the principles of natural justice shall apply and the following steps shall be observed: (a) If a practitioner clinical academic commits a misdemeanour, the practitionerclinical academic’s immediate supervisor or any authorised medical practitioner may reprimand the practitioner clinical academic so that the practitioner clinical academic understands the nature and implications of their conduct. The practitioner clinical academic has a right to be represented when being reprimanded. (b) The first two reprimands shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner clinical academic three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer an Employer to summarily dismiss a practitioner clinical academic for misconduct. Nor shall it limit the right of a practitioner clinical academic to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7e) A Board of Reference constituted pursuant decision by an Employer to this Agreement is not discipline a Board of Reference within clinical academic or terminate the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision employment of a Board clinical academic shall not, by this Agreement, cause the University to discipline a clinical academic or terminate the employment or tenure of Reference constituted pursuant to this Agreement is not binding on a clinical academic or otherwise impose any obligation or commitment upon the employer or a practitionerUniversity.

Appears in 1 contract

Samples: Department of Health (Clinical Academics) Ama Industrial Agreement 2004

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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer shall meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall 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 be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall 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) shall 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 shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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.reprimanded.‌ (b) The first two reprimands shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 1 contract

Samples: Industrial Agreement

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Dispute Settling Procedures. (1) Subject to Clause 4 3 - No Further ClaimsClaims and Reserved Matters, to the provisions of the Industrial Relations Act, 1979 and Clause 54 51 - Introduction of Change, 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 AMA hospital medical practitioner representative shall notify the AssociationAMA, to enable the opportunity of discussing the matter with the employerEmployer. (d) The employer Employer shall, as soon as practicable after considering the matter before it, advise the practitioner(s) or, if necessary, the Association AMA of its decision. Such advice shall be given within one month of the matter being referred to the employerEmployer. (e) If the parties agree that a matter is non-industrial it may by agreement be referred to other appropriate bodies (e.g. eg relevant Royal 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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer shall meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall 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 be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall 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) shall 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 shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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 shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 1 contract

Samples: Medical Practitioners Agreement

Dispute Settling Procedures. (1) Subject to Clause 4 - No Further Claims, to the provisions of the Industrial Relations Act, 1979 and Clause 54 51 - 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 employerEmployer. (d) The employer 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 employerEmployer. (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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer Employer shall meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall be dealt with by discussions between the appropriate Association official(s) and employer Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall 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) shall remain until the issue is resolved in accordance with the above procedures. (6) If the employer Employer seeks to discipline or terminate a practitioner the principles of natural justice shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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 shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand.reprimand.‌ (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer Employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 1 contract

Samples: Department of Health Medical Practitioners (Drug and Alcohol Office) Ama Industrial Agreement 2007

Dispute Settling Procedures. (1) Subject to Clause 4 - No Further Claims, to the provisions of the Industrial Relations Act, 1979 and Clause 54 51 - 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 employerEmployer. (d) The employer 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 employerEmployer. (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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer Employer shall meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall be dealt with by discussions between the appropriate Association official(s) and employer Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may be dealt with in accordance with subclause sub-clause (3). (5) While the above procedures are being followed no party shall 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) shall remain until the issue is resolved in accordance with the above procedures.procedures.‌ (6) If the employer Employer seeks to discipline or terminate a practitioner the principles of natural justice shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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.reprimanded.‌ (b) The first two reprimands shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer Employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 1 contract

Samples: Industrial Agreement

Dispute Settling Procedures. (1) Subject to Clause 4 - No Further Claims, to the provisions of the Industrial Relations Act, 1979 and Clause 54 51 - 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 employerEmployer. (d) The employer 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 employerEmployer. (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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer Employer shall meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall be dealt with by discussions between the appropriate Association official(s) and employer Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall 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) shall remain until the issue is resolved in accordance with the above procedures. (6) If the employer Employer seeks to discipline or terminate a practitioner the principles of natural justice shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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 shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer Employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 1 contract

Samples: Industrial Agreement

Dispute Settling Procedures. (1) Subject to Clause 4 - No Further Claims, to the provisions of the Industrial Relations Act, 1979 and Clause 54 51 - 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 employerEmployer. (d) The employer 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 employerEmployer. (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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer Employer shall meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall be dealt with by discussions between the appropriate Association official(s) and employer Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may be dealt with in accordance with subclause sub-clause (3). (5) While the above procedures are being followed no party shall 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) shall remain until the issue is resolved in accordance with the above procedures. (6) If the employer Employer seeks to discipline or terminate a practitioner the principles of natural justice shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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 shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer Employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 1 contract

Samples: Department of Health Medical Practitioners (Director General) Ama Industrial Agreement 2007

Dispute Settling Procedures. (1) Subject to Clause 4 - No Further Claims, to Claims and the provisions of the Industrial Relations Act, 1979 and Clause 54 - Introduction of Change1979, 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 practitionerclinical academic, or a group of practitionersclinical academics, the following steps shall be observed - (a) The practitioner(sclinical academic(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(sclinical academic(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(sclinical academic(s) shall be advised accordingly. (c) If the matter has been referred in accordance with paragraph (b) above the practitioner(sclinical academic(s) or the appropriate Association AMA hospital medical practitioner clinical academic representative shall notify the Association, to enable the opportunity of discussing the matter with the employerEmployer. (d) The employer Employer shall, as soon as practicable after considering the matter before it, advise the practitioner(sclinical academic(s) or, if necessary, the Association of its decision. Such advice shall be given within one month of the matter being referred to the employerEmployer. (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 in the arbitration by an agent or legal practitioner representative and shall bear the costs of that representation;; and (ii) the employer shall Employer will meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall will be dealt with by discussions between the appropriate Association AMA official(s) and employer Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may be dealt with in accordance with subclause sub-clause (3). (5) While the above procedures are being followed no party shall 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) shall will remain until the issue is resolved in accordance with the above procedures. (6) If the employer an Employer seeks to discipline or terminate a practitioner clinical academic the principles of natural justice shall apply and the following steps shall be observed: (a) If a practitioner clinical academic commits a misdemeanour, the practitionerclinical academic’s immediate supervisor or any authorised medical practitioner may reprimand the practitioner clinical academic so that the practitioner clinical academic understands the nature and implications of their conduct. The practitioner clinical academic has a right to be represented when being reprimanded. (b) The first two reprimands shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner clinical academic three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer an Employer to summarily dismiss a practitioner clinical academic for misconduct. Nor shall it limit the right of a practitioner clinical academic to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7e) A Board of Reference constituted pursuant decision by an Employer to this Agreement is not discipline a Board of Reference within clinical academic or terminate the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision employment of a Board clinical academic shall not, by this Agreement, cause the University to discipline a clinical academic or terminate the employment or tenure of Reference constituted pursuant to this Agreement is not binding on a clinical academic or otherwise impose any obligation or commitment upon the employer or a practitionerUniversity.

Appears in 1 contract

Samples: Department of Health Medical Practitioners (Clinical Academics) Ama Industrial Agreement 2013

Dispute Settling Procedures. (1) Subject to Clause 4 3 - No Further Claims, to the provisions of the Industrial Relations Act, 1979 and Clause 54 47 - Introduction of Change, 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 Chief Executive Officer and the practitioner(s) shall be advised accordingly. (b) The Director of Medical Services Chief Executive Officer shall, if so able, answer the matter raised within one week of it being referred and, if the Director of Medical Services Chief Executive Officer is not able, refer the matter to the Hospital Executive Board 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 AMA hospital medical practitioner representative shall notify the AssociationAMA, to enable the opportunity of discussing the matter with the employerEmployer. (d) The employer Employer shall, as soon as practicable after considering the matter before it, advise the practitioner(s) or, if necessary, the Association AMA of its decision. Such advice shall be given within one month of the matter being referred to the employerEmployer. (e) If the parties agree that a matter is non-industrial it may by agreement be referred to other appropriate bodies (e.g. eg relevant Royal 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 3 - 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 in the arbitration by an agent or legal practitioner and shall bear the costs of that representation; (ii) the employer shall Employer will meet the costs of the arbitration, but if the arbitrator determines that a claim is frivolous or vexatious, the arbitrator may assign the costs of the arbitration (but not the costs of representation) against the claimant or apportion them in any manner between the parties. The parties undertake to accept the arbitrated decision as final and binding. (4) System wide issues shall will be dealt with by discussions between the appropriate Association AMA official(s) and employer Employer representative(s). Should a matter remain in dispute after discussions have been exhausted it may be dealt with in accordance with subclause (3). (5) While the above procedures are being followed no party shall 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) shall will remain until the issue is resolved in accordance with the above procedures. (6) If the employer Employer seeks to discipline or terminate a practitioner the principles of natural justice shall apply and the following steps shall be observed: (a) If a practitioner commits a misdemeanour, the practitioner’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 shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand. (c) Should it be necessary, for any reason, to reprimand a practitioner three times, the contract of service shall, upon the giving of that third reprimand, be terminable in accordance with the provisions of this Agreement. (d) This procedure shall not limit the right of the employer Employer to summarily dismiss a practitioner for misconduct. Nor shall it limit the right of a practitioner to refer a claim for alleged wrongful or unlawful termination to a Board of Reference. (7) A Board of Reference constituted pursuant to this Agreement is not a Board of Reference within the meaning of the Industrial Relations Act 1979 and nothing in this agreement shall be construed as meaning any party is obliged to agree to the establishment of the Board of Reference constituted under the Industrial Relations Act 1979. A decision of a Board of Reference constituted pursuant to this Agreement is not binding on the employer or a practitioner.

Appears in 1 contract

Samples: Department of Health Medical Practitioners (Pathcentre) Ama Industrial Agreement 2004

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