Common use of Dispute Settling Procedures Clause in Contracts

Dispute Settling Procedures. In relation to any dispute between the parties to this AWA about a matter relating to the application of this AWA (‘the matter’), the following provisions will apply. The parties to the dispute: (a) will attempt to resolve the matter at the workplace level, including, but not limited to: (i) the Employee and the supervisor meeting and conferring on the matter; and (ii) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and (b) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and (c) agree to allow either party to refer the matter to mediation if it cannot be resolved at the workplace level; and (d) agree that if either party refers the matter to mediation in accordance with clause 23(c) above, both parties will participate in the mediation process in good faith; and (e) acknowledge the right of either party to appoint in writing, another person to act on behalf of the party in relation to the mediation process; and (f) agree that during the time when the parties attempt to resolve the matter: Employer Initials: (i) the parties continue to work in accordance with this AWA and the contract of employment unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and (ii) subject to relevant provisions of any state or territory occupational health and safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee must not unreasonably fail to comply with a direction by the University to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; and (iii) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and (g) agree not to commence an action: (i) to obtain a penalty under the Act; or (ii) to obtain damages for breaches of an AWA; or (iii) to enforce a provision of the AWA or the Act (other than an action to enforce Part 9 of the Act); unless: A. the party initiating the action has genuinely attempted to resolve the dispute at the workplace level; and B. either: • a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not requested; or • mediation was requested by either party and that mediation has been completed.

Dispute Settling Procedures. In relation to any matter that may be in dispute between the parties to this AWA about a matter relating to the application of this AWA (‘the matter’), the following provisions will applyapply to the exclusion of clause 35 of the Enterprise Agreement. The parties to the disputeparties: (a) will attempt to resolve the matter at the workplace level, including, but not limited to: (i) the Employee and the his or her supervisor meeting and conferring on the matter; and (ii) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and (b) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and (c) agree to allow either party to refer the matter to mediation if it the matter cannot be resolved at the workplace level; and (d) agree that if either party refers the matter to mediation in accordance with clause 23(c) abovemediation, both parties will participate in the mediation process in good faith; and (e) acknowledge the right of either party to appoint in writing, another person to act on behalf of the party in relation to the mediation process; and (f) agree that during the time when the parties attempt to resolve the matter: Employer Initials: (i) the parties continue to work in accordance with this AWA and the contract their offer of employment unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and (ii) subject to relevant provisions of any state or territory occupational health and safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee must not unreasonably fail to comply with a direction by the University to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; and (iii) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and (g) agree not to commence an action: (i) to obtain a penalty under section 17OVV of the Act; or (ii) to obtain damages for breaches of an AWA; or (iii) to enforce a provision of the AWA or Part VID of the Act (other than an action to enforce Part 9 section 17OVU of the Act); unless: A. (iv) the party initiating the action has genuinely attempted to resolve the dispute at the workplace level; and B. (v) either: • : (a) a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not requested; or • or (b) mediation was requested by either party and that mediation has been completed.

Dispute Settling Procedures. In relation to any dispute between the parties to this AWA about a matter relating to the application of this AWA (‘the matter’), the following provisions will apply. The parties to the dispute: (a) will attempt to resolve the matter at the workplace level, including, but not limited to: (i) the Casual Employee and the supervisor meeting and conferring on the matter; and (ii) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and (b) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and (c) agree to allow either party to refer the matter to mediation if it cannot be resolved at the workplace level; and (d) agree that if either party refers the matter to mediation in accordance with clause 23(c14(c) above, both parties will participate in the mediation process in good faith; and (e) acknowledge the right of either party to appoint in writing, another person to act on behalf of the party in relation to the mediation process; and (f) agree that during the time when the parties attempt to resolve the matter: Employer Initials: (i) the parties continue to work in accordance with this AWA and the contract of employment unless the Casual Employee has a reasonable concern about an imminent risk to his or her health or safety; and (ii) subject to relevant provisions of any state or territory occupational health and safety law, even if the Casual Employee has a reasonable concern about an imminent risk to his or her health or safety, the Casual Employee must not unreasonably fail to comply with a direction by the University to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Casual Employee to perform; and (iii) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and (g) agree not to commence an action: Employer Initials: (i) to obtain a penalty under the Act; or (ii) to obtain damages for breaches of an AWA; or (iii) to enforce a provision of the AWA or the Act (other than an action to enforce Part 9 of the Act); unless: A. the party initiating the action has genuinely attempted to resolve the dispute at the workplace level; and B. either: • a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not requested; or • mediation was requested by either party and that mediation has been completed.

Dispute Settling Procedures. In relation to any dispute between the parties to this AWA about a matter relating to the application of this AWA (‘the matter’), the following provisions will apply. The parties to the dispute: (a) will attempt to resolve the matter at the workplace level, including, but not limited to: (i) the Casual Employee and the supervisor meeting and conferring on the matter; and (ii) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and (b) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and (c) agree to allow either party to refer the matter to mediation if it cannot be resolved at the workplace level; and (d) agree that if either party refers the matter to mediation in accordance with clause 23(c13(c) above, both parties will participate in the mediation process in good faith; and (e) acknowledge the right of either party to appoint in writing, another person to act on behalf of the party in relation to the mediation process; and (f) agree that during the time when the parties attempt to resolve the matter: Employer Initials: (i) the parties continue to work in accordance with this AWA and the contract of employment unless the Casual Employee has a reasonable concern about an imminent risk to his or her health or safety; andand Employer Initials: (ii) subject to relevant provisions of any state or territory occupational health and safety law, even if the Casual Employee has a reasonable concern about an imminent risk to his or her health or safety, the Casual Employee must not unreasonably fail to comply with a direction by the University to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Casual Employee to perform; and (iii) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and (g) agree not to commence an action: (i) to obtain a penalty under the Act; or (ii) to obtain damages for breaches of an AWA; or (iii) to enforce a provision of the AWA or the Act (other than an action to enforce Part 9 of the Act); unless: A. the party initiating the action has genuinely attempted to resolve the dispute at the workplace level; and B. either: • a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not requested; or • mediation was requested by either party and that mediation has been completed.

Dispute Settling Procedures. 2.1.1 In relation to any matter that may be in dispute between the parties to this AWA about a matter relating to the application of this AWA agreement (‘the matter’)) except matters relating to the actual or threatened termination of employment of the employee, the following provisions will apply. The parties to the disputeparties: (a) will attempt to resolve the matter at the workplace level, including, but not limited to: (i) the Employee employee and the his or her supervisor meeting and conferring on the matter; and (ii) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and (b) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and (c) agree to allow either party to refer the matter to mediation if it cannot or other alternative dispute resolution process to be resolved at conducted by a person agreed between the workplace level; andparties in dispute on the matter; (d) agree that if either party refers the matter to mediation in accordance with clause 23(c) above, alternative dispute resolution both parties will participate in the mediation process alternative dispute resolution in good faith; and (e) and acknowledge the right of either party to appoint in writing, another person to act on behalf of the party in relation to the mediation alternative dispute resolution process; and (fe) agree that during the time when the parties attempt to resolve the matter: Employer Initials: (i) the parties continue to work in accordance with this AWA and the their contract of employment unless the Employee employee has a reasonable concern about an imminent risk to his or her health or safety; and (ii) subject to relevant provisions of any state or territory occupational health and safety law, even if the Employee employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee employee must not unreasonably fail to comply with a direction by the University his or her employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee employee to perform; and (iii) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and. (g) 2.1.2 The parties to this agreement acknowledge that if we are unable to agree not on the person to commence an action: (i) to obtain a penalty under conduct the Act; or (ii) to obtain damages for breaches of an AWA; or (iii) to enforce a provision of the AWA or the Act (other than an action to enforce Part 9 of the Act); unless: A. the party initiating the action has genuinely attempted to resolve the alternative dispute at the workplace level; and B. either: • a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not requested; or • mediation was requested by resolution process, either party and that mediation has been completedcan notify the Industrial Registrar. In this case, the Industrial Registrar will provide the parties with information about options resolving the dispute.

Dispute Settling Procedures. In relation to any dispute between the parties to this AWA about a matter relating to the application of this AWA (‘the matter’), the following provisions will apply. The parties to the dispute: (a) will attempt to resolve the matter at the workplace level, including, but not limited to: (i) the Employee and the supervisor meeting and conferring on the matter; and (ii) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and (b) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and (c) agree to allow either party to refer the matter to mediation if it cannot be resolved at the workplace level; and (d) agree that if either party refers the matter to mediation in accordance with clause 23(c17(c) above, both parties will participate in the mediation process in good faith; and (e) acknowledge the right of either party to appoint in writing, another person to act on behalf of the party in relation to the mediation process; and (f) agree that during the time when the parties attempt to resolve the matter: Employer Initials: (i) the parties continue to work in accordance with this AWA and the contract of employment unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and (ii) subject to relevant provisions of any state or territory occupational health and safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee must not unreasonably fail to comply with a direction by the University to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; andand Employer Initials: (iii) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and (g) agree not to commence an action: (i) to obtain a penalty under the Act; or (ii) to obtain damages for breaches of an AWA; or (iii) to enforce a provision of the AWA or the Act (other than an action to enforce Part 9 of the Act); unless: A. the party initiating the action has genuinely attempted to resolve the dispute at the workplace level; and B. either: • a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not requested; or • mediation was requested by either party and that mediation has been completed.