Common use of Dispute Settling Procedures Clause in Contracts

Dispute Settling Procedures. 44.1 The parties agree that all employees and the University have an interest in the proper application of this Agreement. Disputes arising under the operation or application of this Agreement or the National Employment Standards shall be dealt with in accordance with this Clause. At any stage of the dispute an employee may choose to seek the advice and/or be accompanied or represented by an employee representative. 44.2 Where a dispute arises an employee, the Union or an employee representative shall notify the University of the existence of a dispute, and shall discuss the dispute with the appropriate representative of management and attempt to reach agreement within 5 working days. 44.3 If the dispute is unresolved at subclause 44.2, the matter must be referred to and be discussed with the Director, Human Resources and an attempt made to find a satisfactory solution, within a further 5 working days. 44.4 If the dispute is still unresolved, the employee(s), the Union or their employee representative may refer it to an Academic Member of Executive or to a Disputes Committee as per subclause 46.5 of this Agreement within 10 working days. 44.5 Where the dispute cannot be resolved in accordance with subclause 44.4 and all agreed steps for resolving the dispute have been taken, the dispute may be referred to Fair Work Australia (FWA) for resolution. Resolution can be sought by mediation and/or conciliation, and where the matter remains unresolved, arbitration. 44.6 Where arbitration is necessary, FWA may exercise procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. 44.7 The period for resolving a dispute may be extended by agreement between the University and the employee, the Union or the employee’s representative. 44.8 While these dispute settling procedures are taking place, working arrangements as they existed prior to the dispute shall continue, unless an employee has reasonable concern about an imminent risk to their health or safety. 44.9 The parties agree to implement the outcomes of arbitrated decisions of FWA arising from disputes raised under this Clause.

Dispute Settling Procedures. 44.1 45.1 The parties agree that all employees and the University have an interest in the proper application of this Agreement. Disputes arising under the operation or application of this Agreement or the National Employment Standards shall be dealt with in accordance with this Clauseclause. At any stage of the dispute an employee may choose to seek the advice and/or be accompanied or represented by an employee representative. 44.2 45.2 Where a dispute arises an employee, employee asks the Union or an employee to represent them a representative of the Union shall notify the University of the existence of a dispute, and shall discuss the dispute with representative of the Union and the appropriate representative of management shall discuss the dispute and attempt to reach agreement within 5 five (5) working days. Where the matter is not resolved it is referred to 45.5. 44.3 45.3 Where 45.2 does not apply the dispute will first be discussed between the employee and immediate supervisor or other appropriate employee of the University, within five (5) working days after the dispute has arisen or been identified. 45.4 If the dispute is unresolved not able to be resolved at subclause 44.245.3, the matter must be referred to and be discussed with the Director, Human Resources relevant supervisor’s manager and an attempt made to find a satisfactory solution, within a further 5 five (5) working days. 44.4 45.5 If the dispute is still unresolvednot resolved, the employee(s), the Union ) or their employee representative may refer it to an Academic Member of Executive or to a Disputes Committee as per subclause 46.5 clause 47.5 of this Agreement within 10 working daysAgreement. 44.5 45.6 Where the dispute cannot be resolved in accordance with subclause 44.4 clause 45.5 and all agreed steps for resolving the dispute have been taken, the dispute may be referred to Fair Work Australia (FWA) the AIRC for resolution. Resolution can be sought by mediation and/or conciliation, and where the matter remains unresolved, arbitration. 44.6 45.7 Any dispute referred to the AIRC may be referred to a specific member of the AIRC to deal with the dispute and if that specific member is unavailable, the member of the AIRC will be nominated by the President. Where arbitration is necessary, FWA the AIRC may exercise procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. 44.7 45.8 The period for resolving a dispute may be extended by agreement between the University and the employee, the Union employee or the employee’s representative. 44.8 45.9 While these dispute settling procedures are taking place, working arrangements as they existed prior to the dispute shall continue, unless an employee has reasonable concern about an imminent risk to their health or safety. 44.9 45.10 The parties agree to implement the outcomes of arbitrated decisions of FWA the AIRC arising from disputes raised under this Clauseclause.