Common use of Dispute Settling Procedures Clause in Contracts

Dispute Settling Procedures. (a) Where a dispute arises regarding the interpretation, application or operation of any provision of this Agreement it will, in the first instance, be discussed by the employee(s) and their supervisor within 5 working days, unless otherwise agreed, in an effort to resolve the matter promptly. (b) Where the steps in subclause 10.0(a) are unsuccessful, the employee(s) may refer the matter in writing (“the Dispute Notification”) to the relevant Xxxx or Divisional Head for resolution within 5 working days of the Dispute Notification, unless otherwise agreed. A copy of the Dispute Notification will be sent to the Manager, Industrial Relations. (c) Where a dispute is not resolved following the steps in subclauses 10.0(a) and (b) above, it may be referred by either of the parties to the dispute to the AIRC for resolution by mediation and/or conciliation and, if the dispute remains unresolved, by arbitration. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. Subject to the legislative rights of any party to the dispute to appeal a decision of the AIRC, the parties to the dispute will implement any arbitrated decision of the AIRC in resolution of the dispute. (d) As an alternative to the AIRC, both the employee(s) and the University may agree to refer the matter to an external mediator or arbitrator in order to resolve the dispute. A mutually agreed arbitrator may exercise such powers and functions as the parties to the dispute agree are appropriate at the time. (e) Until the procedures described in subclauses 10.0(a) and (b) have been exhausted, the University will not change work, duties, staffing or organisation of work if such is the subject of a dispute, nor take any other action likely to exacerbate the dispute. This subclause does not apply where the matter in dispute is related to clauses 18.0, 20.0 or 21.0.

Dispute Settling Procedures. (a) Where a dispute arises regarding the interpretation, application or operation of any provision of this Agreement it will, in the first instance, be discussed by the employee(s) and their supervisor within 5 working days, unless otherwise agreed, in an effort to resolve the matter promptly. (b) Where the steps in subclause 10.0(a9.0(a) are unsuccessful, the employee(s) may refer the matter in writing (“the Dispute Notification”) to the relevant Xxxx or Divisional Head for resolution within 5 working days of the Dispute Notification, unless otherwise agreed. A copy of the Dispute Notification will be sent to the Manager, Industrial Relations. (c) Where a dispute is not resolved following the steps in subclauses 10.0(a9.0(a) and (b) above, it may be referred by either of the parties to the dispute to the AIRC for resolution by mediation and/or conciliation and, if the dispute remains unresolved, by arbitration. If arbitration is necessary the Commission AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. Subject to the legislative rights of any party to the dispute to appeal a decision of the AIRC, the parties to the dispute will implement any arbitrated decision of the AIRC in resolution of the dispute. (d) As an alternative to the AIRC, both the employee(s) and the University may agree to refer the matter to an external mediator or arbitrator in order to resolve the dispute. A mutually agreed arbitrator may exercise such powers and functions as the parties to the dispute agree are appropriate at the time. (e) Until the procedures described in subclauses 10.0(a9.0(a) and (b) have been exhausted, the University will not change work, duties, staffing or organisation of work if such is the subject of a dispute, nor take any other action likely to exacerbate the dispute. This subclause does not apply where the matter in dispute is related to clauses 18.024.5, 20.0 28.0 or 21.029.0.

Dispute Settling Procedures. (a) Where a dispute arises arises, or is considered likely to arise, regarding the interpretation, application or operation of any provision of this Agreement it Agreement, the procedures contained in this clause will be followed. (b) A dispute arising between an employee or group of employees and a supervisor will, in the first instance, be discussed by the employee(s) and their supervisor within 5 working days, unless otherwise agreed, them without delay in an effort to resolve the matter promptly. The employee(s) may seek the assistance of the relevant union. (bc) Where the steps in subclause 10.0(a34.0(b) are unsuccessful, the employee(s) may refer the matter in writing (“the Dispute Notification”) to the relevant Xxxx or Divisional Head for resolution within 5 working days a representative of the Dispute Notification, unless otherwise agreed. A copy union and a representative of the Dispute Notification University will be sent discuss the dispute and attempt to the Manager, Industrial Relationsreach agreement. (cd) Where a dispute is not resolved following under subclause 34.0(c), at the steps in subclauses 10.0(a) and (b) aboverequest of either party a Disputes Committee will be convened within 5 working days, it may be referred by either unless agreed otherwise. The Disputes Committee will consist of nominees of the parties to the dispute to the AIRC for resolution by mediation and/or conciliation and, if the dispute remains unresolved, by arbitration. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence University and submissions which are necessary to make the arbitration effective. Subject to the legislative rights of any party to the dispute to appeal a decision nominees of the AIRC, the parties to the dispute will implement any arbitrated decision of the AIRC in resolution of the dispute. (d) As an alternative to the AIRC, both the employee(s) and the University may agree to refer the matter to an external mediator or arbitrator in order to resolve the dispute. A mutually agreed arbitrator may exercise such powers and functions as the parties to the dispute agree are appropriate at the timeunion. (e) The Disputes Committee will attempt to resolve the matter within 5 working days of its first meeting. Any resolution will be in the form of a written agreement subject, if necessary, to ratification by either party. (f) Until the procedures described in subclauses 10.0(a34.0(c) and - (be) have been exhausted, : (i) no industrial action will be taken by the University or the union; (ii) the University will not change work, duties, staffing or the organisation of work if such is the subject of a dispute, nor take any other action likely to exacerbate the dispute; and (iii) the subject matter of the dispute will not be taken to the AIRC by the union or by the University. (g) The parties may agree to refer the dispute to a mediator agreed to by the parties. This subclause does not apply where The parties will implement any agreed outcome from the mediation and the dispute will be resolved. (h) Where the dispute remains unresolved any party may refer the matter to the Australian Industrial Relations Commission for conciliation and/or arbitration. Subject to the legislative rights of any party to appeal a decision of the AIRC, the parties will implement any arbitrated decision of the AIRC in dispute is related to clauses 18.0, 20.0 or 21.0resolution of the dispute.

Dispute Settling Procedures. (a) Where a dispute arises arises, or is considered likely to arise, regarding the interpretation, application or operation of any provision of this Agreement it Agreement, the procedures contained in this clause will be followed. (b) A dispute arising between an employee or group of employees and a supervisor will, in the first instance, be discussed by the employee(s) and their supervisor within 5 working days, unless otherwise agreed, them without delay in an effort to resolve the matter promptly. The employee(s) may seek the assistance of the union. (bc) Where the steps in subclause 10.0(a25.0(b) are unsuccessful, the employee(s) may refer the matter in writing (“the Dispute Notification”) to the relevant Xxxx or Divisional Head for resolution within 5 working days a representative of the Dispute Notification, unless otherwise agreed. A copy union and a representative of the Dispute Notification University will be sent discuss the dispute and attempt to the Manager, Industrial Relations.reach agreement; (cd) Where a dispute is not resolved following under clause 25.0(c), at the steps in subclauses 10.0(a) and (b) aboverequest of either party a Disputes Committee will be convened within 5 working days, it may be referred by either unless agreed otherwise. The Disputes Committee will consist of nominees of the parties to the dispute to the AIRC for resolution by mediation and/or conciliation and, if the dispute remains unresolved, by arbitration. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence University and submissions which are necessary to make the arbitration effective. Subject to the legislative rights of any party to the dispute to appeal a decision nominees of the AIRC, the parties to the dispute will implement any arbitrated decision of the AIRC in resolution of the dispute. (d) As an alternative to the AIRC, both the employee(s) and the University may agree to refer the matter to an external mediator or arbitrator in order to resolve the dispute. A mutually agreed arbitrator may exercise such powers and functions as the parties to the dispute agree are appropriate at the timeunion. (e) The Disputes Committee will attempt to resolve the matter within 5 working days of its first meeting. Any resolution will be in the form of a written agreement subject, if necessary, to ratification by either party. (f) Until the procedures described in subclauses 10.0(aclauses 25.0(c) and - (be) have been exhausted, : (i) no industrial action will be taken by the University or the union; (ii) the University will not change work, duties, staffing or the organisation of work if such is the subject of a dispute, nor take any other action likely to exacerbate the dispute; and (iii) the subject matter of the dispute will not be taken to the AIRC by the union or by the University; unless either party has declined to meet in accordance with subclauses 25.0(a) to (e) above. (g) The parties may agree to refer the dispute to a mediator or arbitrator agreed to by the parties. This subclause does not apply where The parties will implement any agreed outcome from the mediation or any decision of the agreed arbitrator and the dispute will be resolved. (h) Where the dispute remains unresolved any party may refer the matter to the Australian Industrial Relations Commission for conciliation and/or arbitration. Subject to the legislative rights of any party to appeal a decision of the AIRC, the parties will implement any arbitrated decision of the AIRC in dispute is related to clauses 18.0, 20.0 or 21.0resolution of the dispute.

Dispute Settling Procedures. (a) Where a dispute arises arises, or is considered likely to arise, regarding the interpretation, application or operation of any provision of this Agreement it Agreement, the procedures contained in this clause will be followed. (b) A dispute arising between an employee or group of employees and a supervisor will, in the first instance, be discussed by the employee(s) and their supervisor within 5 working days, unless otherwise agreed, them without delay in an effort to resolve the matter promptly. The employee(s) may seek the assistance of the relevant union. (bc) Where the steps in subclause 10.0(a34.0(b) are unsuccessful, the employee(s) may refer the matter in writing (“the Dispute Notification”) to the relevant Xxxx or Divisional Head for resolution within 5 working days a representative of the Dispute Notification, unless otherwise agreed. A copy union and a representative of NewSouth Global will discuss the Dispute Notification will be sent dispute and attempt to the Manager, Industrial Relationsreach agreement. (cd) Where a dispute is not resolved following under subclause 34.0(c), at the steps in subclauses 10.0(a) request of either party a Disputes Committee will be convened within 5 working days, unless agreed otherwise. The Disputes Committee will consist of nominees of NewSouth Global and (b) above, it may be referred by either nominees of the parties to the dispute to the AIRC for resolution by mediation and/or conciliation and, if the dispute remains unresolved, by arbitration. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. Subject to the legislative rights of any party to the dispute to appeal a decision of the AIRC, the parties to the dispute will implement any arbitrated decision of the AIRC in resolution of the dispute. (d) As an alternative to the AIRC, both the employee(s) and the University may agree to refer the matter to an external mediator or arbitrator in order to resolve the dispute. A mutually agreed arbitrator may exercise such powers and functions as the parties to the dispute agree are appropriate at the timeunion. (e) The Disputes Committee will attempt to resolve the matter within 5 working days of its first meeting. Any resolution will be in the form of a written agreement subject, if necessary, to ratification by either party. (f) Until the procedures described in subclauses 10.0(a34.0(c) and - (be) have been exhausted, : (i) no industrial action will be taken by NewSouth Global or the University union; (ii) NewSouth Global will not change work, duties, staffing or the organisation of work if such is the subject of a dispute, nor take any other action likely to exacerbate the dispute; and (iii) the subject matter of the dispute will not be taken to the AIRC by the union or by NewSouth Global. (g) The parties may agree to refer the dispute to a mediator agreed to by the parties. This subclause does not apply where The parties will implement any agreed outcome from the mediation and the dispute will be resolved. (h) Where the dispute remains unresolved any party may refer the matter to the Australian Industrial Relations Commission for conciliation and/or arbitration. Subject to the legislative rights of any party to appeal a decision of the AIRC, the parties will implement any arbitrated decision of the AIRC in dispute is related to clauses 18.0, 20.0 or 21.0resolution of the dispute.