DISPUTES AND GRIEVANCE PROCEDURE. It is recognised and agreed that procedures should be in place to avoid interruption to operations and to ensure a speedy resolution of grievances as they arise by direct discussion and negotiation of the parties involved. In the event of a question, dispute or difficulty arising at a branch:
(i) In the event of an individual or industrial dispute, the matter shall be raised, in the presence of the site Union delegate, with the respective supervisor who will investigate and respond to the matter promptly.
(ii) If the matter is still unresolved it shall then be referred to Senior Management at South Coast Equipment at which stage local Union Officials may be in attendance.
(iii) Failing a resolution the matter will be referred to the relevant Industrial Relations Commission for determination of the matter.
(iv) Work shall proceed normally while these procedures are followed and without prejudice to either party. The individual employee shall have the right to nominate any person to represent their interests in proceedings under this clause.
DISPUTES AND GRIEVANCE PROCEDURE. 14 Section 14 - DISCHARGE OF XXXXXXX ...................................... 16 Section 15 - SENIORITY ................................................. 16 Section 16 - INSURANCE ................................................. 18 Section 17 - DISCRIMINATION ............................................ 20 Section 18 - TERMINATION ............................................... 21 AGREEMENT BETWEEN KENTUCKY STATE DISTRICT COUNCIL OF CARPENTERS FOR AND ON BEHALF OF LOCAL 2501, hereinafter called the "Union" AND XXXX WHOLESALERS, INC., hereinafter called the "Company"
DISPUTES AND GRIEVANCE PROCEDURE. During the life of the Agreement there shall be no strike, work stoppages or slow-downs on the part of the employees, no lockouts on the part of the Company, but the laying off of employees resulting from discontinuance of the Company's business, or any branch thereof, shall not be considered a lockout. No employee shall interfere with, or refuse to work in connection with the receiving, handling, processing or delivery of merchandise on the Company's premises. If an employee violates any of the above provisions he may be discharged by the Company. The Union and its responsible officers and agents agree to use prompt and honest efforts to prevent or end any such illegal strike, work stoppage, slow-downs or other interference with the operations of the Company. Should differences arise between the Company and the Union with reference to an interpretation or application of any of the terms or provisions of this Agreement there shall be no suspension of work but an xxxxxxx effort will be made to settle such differences promptly in the manner hereinafter outlined. If an employee believes that he has a grievance over the interpretation and application of this Agreement, he may take the matter up with his Union Xxxxxxx, who will attempt to resolve the matter with the employee and his xxxxxxx. Nothing in this Section shall prevent an employee from discussing any problem of any nature with his xxxxxxx should he choose to do so. If the grievance cannot be settled in this manner, then the Union xxxxxxx shall meet with a Company representative designated by the manager. If the grievance cannot be settled in this step within five (5) days it shall proceed to step number 3 at which time a Union representative shall meet with a Company representative designated by the general manager. If the proceedings at this step are not satisfactorily disposed of within ten (10) days, the aggrieved party may, in writing, declare its intention to appeal to arbitration. In such event the Union shall choose one arbitrator and the Company shall choose one arbitrator and the two together shall choose the third arbitrator. Any decision by such third arbitrator shall be final and binding upon both parties. The cost of the third arbitrator shall be shared equally by the parties. In arriving at his decision, the arbitrator shall have no power to alter or amend the terms of this Agreement and shall have only the right to interpret specific provisions of this Agreement which are pertinent to t...
DISPUTES AND GRIEVANCE PROCEDURE. If there is a dispute arising from a matter dealt with by this Agreement or the National Employment Standards (except s.65(5) and s.76(4) of the FW Act), it shall be dealt with in the following manner:
42.1.1 as soon as practicable after the dispute or claim has arisen, the Employee concerned shall notify his or her immediate supervisor, affording that supervisor the opportunity to remedy the cause of the dispute or claim. The immediate supervisor will act promptly and cooperatively;
42.1.2 if no resolution for the Employee’s grievance is reached within four (4) working days or a mutually agreed period on completion of Step 1, then the Employee shall seek further discussions and attempt to resolve the grievance with the Project Manager as prescribed by the Company from time to time;
42.1.3 if the matter has not been resolved within two (2) working days or a mutually agreed period on completion of Step 2, the Employee’s grievance may be referred to the Company’s Human Resources Manager and/or the relevant Business Manager, for resolution;
42.1.4 if the matter is not resolved at this stage, the matter may be referred to FWC for conciliation and/or arbitration for resolution. The decision made by FWC shall be binding to both the Company and affected Employee(s).
42.1.5 the Company reserves the right to be legally represented for all matters before FWC.
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DISPUTES AND GRIEVANCE PROCEDURE. 11□1 If there is a dispute about any matters arising under this Agreement or in relation to the NES □except s□65□5□ and s□76□4□ of the FW Act□□ it shall be dealt with in the following manner:
11□1 □1 as soon as practicable after the dispute or claim has arisen□ the Employee concerned shall notify his or her immediate supervisor□ affording that supervisor the opportunity to remedy the cause of the dispute or claim;
11□1 □2 if no resolution for the Employee's grievance is reached□ then the Employee shall seek further discussions and attempt to resolve the grievance with the Project Manager or their delegate as prescribed by the Company from time to time;
DISPUTES AND GRIEVANCE PROCEDURE. 10.1 This dispute/grievance resolution procedure applies to;
(a) matters arising under this Agreement;
(b) the National Employment Standards (NES) as they apply to employees covered by the agreement (including ss.65(5) and 76(4) of the Fair Work Act 2009 which deal with requests for flexible working arrangements and extending periods of unpaid parental leave) and;
(c) any other matter which pertains to the relationship between the employer and an employee/s and/or the relationship between the Employer and the union (CFMEU) covered by this agreement.
10.2 For the avoidance of doubt this includes but is not limited to the express terms of this agreement, the incorporated instrument/s and the General Protections provided in the Fair Work Act 2009.
10.3 Where an individual employee or group of employee/s is in dispute or has a grievance with the employer, they have the right to consult in paid time with, and be represented by, their choice of union delegate, shop xxxxxxx and/or union official, or such other representative as is requested by each employee. Representation may occur at any stage of the dispute/grievance, including the raising of such dispute/grievance under this procedure.
10.4 Once a matter is raised in accordance with this clause the Employer must advise the employee or employees affected of all their rights to representation under this clause. An employee may elect to take up that right at any time. The representative will be given access to all relevant documents and materials, including documents and/or materials held in electronic form.
10.5 In the event of a dispute/grievance in relation to any matter provided for under this clause, the following procedure applies;
10.5.1 Where the dispute/grievance is between an individual employee or group of employees and the Employer, in the first instance, an attempt will be made to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute/grievance, discussions will be held between the employee or group of employees concerned and more senior levels of management as appropriate.
10.5.2 Where the dispute/grievance is between the CFMEU and the Employer, in the first instance, the CFMEU or the Employer will formally raise the matter with the other party and an attempt will be made to resolve the matter.
10.5.3 If a dispute/grievance in relation to a matter arising under this clause is unable t...
DISPUTES AND GRIEVANCE PROCEDURE. 41.1 If there is a dispute arising from a matter dealt with by this Agreement or the National Employment Standards, it shall be dealt with in the following manner:
41.1.1 As soon as practicable after the dispute or claim has arisen, the Employee concerned shall notify his or her immediate supervisor, affording that supervisor the opportunity to remedy the cause of the dispute or claim;
41.1.2 If no resolution for the Employee’s grievance is reached, then the Employee shall seek further discussions and attempt to resolve the grievance with the Project Manager as prescribed by the Company from time to time;
41.1.3 If the matter is still unresolved, the Employee’s grievance may be referred to the Company’s Human Resources Manager and/or the relevant Business Manager, for resolution;
41.1.4 If the matter is not resolved at this stage, the matter may be referred to the Fair Work Commission (FWC) for conciliation and/or arbitration for resolution. The decision made by the Fair Work Commission shall be binding to both the Company and affected Employee(s).
41.1.5 All parties reserve the right to be legally represented for all matters before FWC.
41.1.6 An Employee may choose to be represented by a nominated representative (which may include the Union) at any stage of this procedure or in relation to any matters dealt with under this procedure.
41.2 It is agreed that during the time when the affected Employee(s) and the Company attempt to resolve the matter:
41.2.1 Work shall continue in a manner it was performed prior to the issue or decision that gave rise to the dispute;
41.2.2 No industrial action shall be commenced or taken;
41.2.3 Nothing in this Clause shall effect the ability of the Company to terminate an Employee pursuant to the termination Clause(s) in this Agreement.
41.2.4 The Parties must co-operate to ensure that the dispute resolution procedures are carried out as expeditiously as is reasonably possible.
41.3 Safety issues shall be isolated from industrial matters and any issue or dispute relating to safety shall be dealt with in accordance with Clause 40 of this Agreement.
41.4 Final settlement of the dispute will not be prejudiced by continuance of work under the dispute and grievance procedure in this Agreement.
41.5 In exercising its powers under this Clause, the FWC must not make any decision, order, recommendation, or suggest any resolution, of a matter raised under this Clause which would be inconsistent with the Code for the Tendering and
DISPUTES AND GRIEVANCE PROCEDURE. 21.1 Preamble and Principles of the Disputes Resolution Process (DRP)
21.1.1 It is a term of this agreement that in the event of a disagreement regarding the interpretation or application of the terms of this agreement or any other matter pertaining to the employer-employee relationship that the following Disputes Resolution Process (DRP) be followed.
21.1.2 The parties agree to participate in the DRP in good faith and in recognition that the satisfactory resolution of any dispute is in the interests of all parties to this agreement.
21.1.3 A person subject to this agreement may initiate a dispute concerning the interpretation or application of this agreement at any time.
21.1.4 A person(s) initiating a dispute may appoint and be accompanied and represented at any stage by another person, organisation or association, including a union representative or employer association in relation to the dispute. Ready access to employees shall be provided to the employee’s nominated representative so that relevant information and instructions can be provided. Unless otherwise agreed, in the first instance a dispute will be dealt with at a workplace level. If the dispute remains unresolved conciliation may occur and in the event that the dispute remains unresolved, a party may seek arbitration as a means of resolving the dispute.
DISPUTES AND GRIEVANCE PROCEDURE. 14.1 Where a dispute arises involving more than one employee, or where an employee has a grievance, that matter shall be referred by the employee(s) involved to their Supervisor for resolution.
14.2 Where a dispute or grievance is not resolved to the satisfaction of (an) employee(s) as per (14.1) above that matter shall be referred by the employee(s) involved to the General Manager – Venue Services or the Human Resources Manager for resolution.
14.3 Where a dispute or grievance is not resolved to the satisfaction of (an) employee(s) as per (14.2) above that matter shall be referred by the employee(s) involved to the CEO for consideration.
14.4 Where a dispute or grievance is not resolved to the satisfaction of (an) employee(s) as per (14.3) above, that matter where requested by the employee shall be referred to a meeting of representatives of United Voice and management specially convened for that purpose.
14.5 Where a dispute or grievance is not resolved to the satisfaction of United Voice or the employer as per (14.4) above, that matter shall be referred to the Industrial Relations Commission of South Australia such that the IRCSA may conduct mediation, conciliation and/or arbitration or failing that make recommendations, or a binding determination or order.
14.6 Nothing in this procedure shall prevent United Voice or the AEC from referring any industrial matter at any time for the attention of the Industrial Relations Commission of South Australia.
14.7 While these procedures are being followed, including reference to Industrial Relations Commission of South Australia, no party to this Agreement shall interfere with the normal performance of work at the AEC.
