DISPUTES AVOIDANCE PROCEDURE. (1) Subject to the Public Sector Management Act, the union and the employer undertake to take all necessary steps to ensure that the following procedure herein applies in the event of a question, dispute or difficulty arising under this agreement; the intention being that any or all disputes shall be promptly resolved by conciliation in good faith.
DISPUTES AVOIDANCE PROCEDURE. The objectives of the procedure are to promote the resolution of disputes about a matter arising under this agreement by measures based on consultation, cooperation and discussion; to avoid industrial confrontation; and to avoid interruption to the performance of work and the consequential loss of production and wages. In order to ensure that these objectives are met and in the event of a dispute about a matter arising under this agreement, the parties agree to the following procedure.
(a) Disputes affecting an individual or a group of employees should generally be handled in the following manner: • the employee(s) affected should raise the issue with their supervisor who shall investigate the complaint and respond to the employee(s) in a reasonable time period. • if the issue is not resolved the employee or employees shall have the right to raise the issue with the Departmental Manager. • in the event the issue remains unresolved discussion will be initiated between the General Manager and/or other management representatives as appropriate, and the employees. • by agreement in major issues involving large number of employees the processes of the Consultative Committee can be utilised as a forum for discussion. • At any stage of the above process an employee or employees may be represented by a representative of their choice.
(b) There is a commitment by the parties to strictly adhere to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a dispute.
(c) Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
(d) Sensible time limits shall be allowed for the completion of the various stages of the discussions. At least seven days should be allowed for all stages of the discussions to be finalised.
(e) While the disputes procedure is being followed work shall continue as normal.
(f) Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties to the dispute, shall jointly or individually refer the matter to the Australian Industrial Relations Commission for mediation.. If the dispute remains unresolved, the dispute will be submitted to the AIRC for arbitration. The AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. The decision of...
DISPUTES AVOIDANCE PROCEDURE. The parties agree to the principle of “Natural Justice” for all employees. A formalised grievance process is available to all employees to ensure they are treated fairly and equitably. It is the aim of both parties to ensure that grievances are resolved as quickly as possible and as close to the source of the grievance as possible.
(a) Stage 1: Employee(s) should, in the first instance, seek to resolve any grievance/dispute amicably. If still unresolved inform immediate supervisor who should seek to resolve any grievance/dispute with the employee(s) concerned. If the employee and supervisor are unable to resolve the grievance/dispute, the matter shall be referred to the next level of management.
(b) Stage 2: If the matter is not resolved at Stage 1, the employee(s) may report the issue to their nominated representative. Where the grievance/dispute is proceeded with, the nominated representative and the employee(s) will discuss the issue with the employee’s Manager in order to seek resolution.
(c) Stage 3: If not resolved at Stage 2 the issue will be referred to the Australian Industrial Relations Commission for conciliation and arbitration.
(d) The process contained in Stages 1 and 2 should be completed within seven (7) days of the issue being raised at Stage 1. The above procedure is not intended to preclude ultimate access by either party to the Australian Industrial Relations Commission for conciliation or arbitration purpose.
(e) Whilst the above process is being undertaken work shall continue as normal.
DISPUTES AVOIDANCE PROCEDURE. 21.1 The following procedure for the settlement of grievances and disputes shall apply to any matter in dispute between the Company, employees and the Unio n:
Stage 1 - The employee who has the grievance and his/her immediate supervisor/team leader should confer. The supervisor/team leader will record the details of the matter or dispute in writing and make a genuine effort to resolve the matter.
Stage 2 - Should the matter not be resolved, the employee who has the grievance, the union delegate (if the employee so wishes) and the immediate supervisor/team leader shall confer, where all efforts shall be made to resolve the matter at this level. Stage 3 - Should the matter not be resolved, the employee who has the grievance and the union delegate (if the employee so wishes), shall raise the matter with the appropriate manager, in the presence of the Human Resources Manager. Stage 4 - Should the matter not be resolved, the employee who has the grievance, the union delegate and/or the local union organiser/official (if the employee so wishes), shall confer with the Human Resources Manager with a senior Manager or, an authorised representative of management who can constructively contribute to resolve the dispute. Stage 5 - Should the matter not be resolved, the union delegate, union organiser and union branch secretary shall confer with the authorised Company officers. Stage 6 - If the matter cannot be resolved by the parties it may then be referred to the Industrial Relations Commission of New South Wales for conciliation and/or arbitration.
21.2 Whilst the above procedures are being followed:
(a) Work shall continue normally in accordance with the Agreement; and
(b) The situation existing immediately prior to the dispute or matter giving rise to the dispute, shall remain.
DISPUTES AVOIDANCE PROCEDURE. Following is a disputes procedure the parties agree to follow in the event of a dispute arising about a term or condition of employment provided in this agreement.
STEP 1: Should a dispute arise, the employee concerned should raise with his/her immediate supervisor to seek a resolution.
STEP 2: If the matter remains unresolved, the supervisor refers the issue to his/her Manager for discussion with the employee and his/her representative, if applicable
STEP 3: If the matter remains unresolved, the Manager refers the issue to senior company management for discussion with employee representatives if applicable
STEP 4: If the matter remains unresolved, either party may refer the matter to the AIRC for conciliation Normal work is to continue in accordance with the reasonable instructions of management while the procedure is followed. The rights of the parties as they existed prior to the issue in dispute being raised continue to apply.
DISPUTES AVOIDANCE PROCEDURE. The following procedures shall apply for the resolution of any dispute:
(a) In the event of any employee having any dispute they shall discuss the matter with their immediate supervisor in a genuine endeavour to resolve it at this point in the process.
(b) If the matter is not resolved at this level, the grievance shall be referred to the Manager. From this point on, an employee may request representation by their union.
(c) If that matter cannot be resolved by the above process, the matter may be brought before the Australian Industrial Relations Commission on the application of either party for conciliation and/or arbitration. The parties will be bound by the outcome.
(d) Until the matter is determined in accordance with the above procedure, work shall continue normally in accordance with established custom and practice. If the grievance is a safety issue, which creates a reasonable belief that there is an imminent threat to an employee’s health and safety, the employee may refuse to perform the work until the matter is resolved. Fonterra will attempt to have the employee relocated to a safe work area until the matter is resolved.
DISPUTES AVOIDANCE PROCEDURE. Should a problem arise between Murgonlea and an employee or employees, which may result in an industrial dispute, the following steps shall be followed in a genuine attempt to resolve the matter.
DISPUTES AVOIDANCE PROCEDURE. 80.1 The Company, the union(s) and the Employees recognise the importance of uninterrupted production and delivery performance and agree that they and their appropriate representatives will confer to resolve any industrial matter in dispute between them (including matters under the National Employment Standards and this Agreement) without resort to industrial actions of any kind by the union(s) or its members. In the event the matter is not resolved by agreement, it will be referred to Fair Work Commission. No party will be prejudiced as to the final settlement by the continuance of work in accordance with this provision.
80.2 The parties also recognise that issues affecting employees should be resolved speedily and effectively and that most issues will be resolved informally between the employee and the immediate supervisor.
80.3 The following formal procedure for the resolution of problems will apply:
Stage 1 All matters shall be raised by Employees and/or their representatives in the first instance with the Employee’s immediate supervisor Stage 2 If the matters remain unresolved they shall be raised by the Employee and/or their representatives with the Employee’s manager. Stage 3 If the matters thereafter remain unresolved they shall be referred by the Employee or their representatives to the Company’s Human resources section, which will respond to the issues within 48 hours (excluding weekends, rostered days off and public holidays) Stage 4 Where the matters are complex and may take time to resolve, a timetable for further discussions shall be agreed.
DISPUTES AVOIDANCE PROCEDURE. 19.1 The following procedure for the settlement of grievances and disputes shall apply to any matter in dispute between the parties to this Agreement. Stage 1 - The employee who has the grievance and his/her immediate supervisor/team leader should confer. The supervisor/team leader will record the details of the matter or dispute in writing and make a genuine effort to resolve the matter.
DISPUTES AVOIDANCE PROCEDURE. The objectives of this procedure shall be to promote the resolution of disputes by measures based on consultation, co-operation and discussion; to reduce industrial confrontation; and to avoid interruption to the performance of work and consequential loss of production and wages. Any dispute will be dealt with in the following manner:
(a) The matter shall first be discussed between the employee/s affected and the appropriate supervisor.
(b) If the matter remains unresolved, the matter shall be discussed between the employee (and/or a representative of their choice including a union delegate or official) and a more senior manager.
(c) If the matter remains unresolved, the matter shall be discussed between the employee (and/or a representative of their choice including a union delegate or official) and an appropriate representative of the employer.
(d) If the matter remains unresolved after (i) – (iii) have been exhausted, either party may refer the dispute to the Australian Industrial Relations Commission (‘Commission’) for conciliation and/or arbitration.
(e) If arbitration is necessary the parties agree that the Commission shall have the power to do all such things as are necessary for the just resolution or determination of the matter in dispute. This includes the exercising of procedural powers in relation to directions, hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
(f) The decision of the member will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. An employee who is a party to a dispute must, while the dispute is being resolved, continue to work in accordance with the pre-dispute conditions, unless the employee has a reasonable concern about an imminent risk to his or her health or safety.
