Disputes Procedure. 12.1 If a dispute relating to a Script covered by this Agreement arises between a Writer and the BBC which cannot be settled by direct discussion then either party will have the right to refer the issue to a panel which shall consist of the Head of Talent & Rights Negotiation Group the relevant head of the production department and two of the Writer, the Writer’s representative or representative of the Society, the WGGB or the PMA, at the Writer’s election. This clause shall not however be invoked in a manner which might override any other clause in this Agreement or call into question the BBC’s reasonable and proper discretion to accept or reject a Script.
12.2 Any dispute regarding the interpretation of this Agreement or the interpretation of an individual contract between the BBC and a writer of a Script covered by this Agreement which cannot be resolved by discussion between the parties shall be referred to an Arbitration Committee consisting of two representatives of the BBC and any two of the Writer or Writer’s representative or representative of the Society, the Guild or the PMA as the case may be. Failing settlement it shall then be referred to a single Arbitrator mutually acceptable to both sides who shall determine the issue and whose decision shall be binding on both parties.
12.3 Clause 12.2 shall not apply to disputes arising under clause 12.1, 16.1 and 20-25.
Disputes Procedure. If a dispute relating to a Script licensed in accordance with this Agreement arises between the Writer and the BBC which cannot be settled by direct discussion then either party will have the right to refer the issue to a panel of five which shall be comprised of the Writer and their representative, two representatives from the BBC and an independent third party to be appointed by agreement between the Writer and the BBC. This clause shall not however be invoked in a manner which might override any other clause in this Agreement or call into question the BBC’s reasonable and proper discretion to exercise its editorial control over a Programme.
Disputes Procedure. Subject to the provisions of the Act, all grievances, claims or disputes in relation to matters arising under this Agreement or the NES shall be dealt with in the following manner: Any grievance or dispute which arises shall, where possible, be settled by discussion between the Teacher and the Principal or his or her nominee in accordance with any procedures that have been adopted by the School. The reference to his or her nominee applies to a Teacher as well as the Principal; Teachers may be represented for purposes of this clause 6. Should the matter not be resolved, it may be referred by either party to the Fair Work Commission, or any person agreed between the parties, for conciliation. During the conciliation the Member of the Fair Work Commission may:
(i) arrange conferences of the parties or their representatives at which the Member of the Fair Work Commission is present;
(ii) require the attendance of the parties or their representatives;
(iii) arrange for the parties or their representatives to confer among themselves at conferences at which the Member of the Fair Work Commission is not present; and
(iv) if requested by a party, make non-binding recommendations to settle the dispute. Such recommendation shall not be binding on the parties to the dispute and shall not affect any other remedies the parties may have in relation to the dispute. A Teacher who is a party to a dispute must, while the dispute is being resolved:
(i) continue to work in accordance with his or her contract of employment, unless the Teacher has a reasonable concern about an imminent risk to his or her health or safety; and
(ii) comply with any reasonable direction given by the School to perform other available work, either at the same workplace or at another workplace. In directing a Teacher to perform other available work, the School must have regard to:
(i) the provisions (if any) of the law of the Commonwealth or of a State or Territory dealing with occupational health and safety that apply to that Teacher or that other work; and
(ii) whether that work is appropriate for the Teacher to perform.
Disputes Procedure. Disputes concerning the interpretation, application or operation of this agreement shall be settled in accordance with procedures prescribed in Parts 9 and 10 of the Employment Relations Xxx 0000.
Disputes Procedure. Disputes concerning the interpretation, application or operation of this agreement shall be settled in accordance with the procedures described in Parts 9 and 10 of the Employment Relations Xxx 0000.
Disputes Procedure. 13.1 The Parties agree to negotiate in good faith with each other to resolve any dispute which arises between the Parties under or connected with the Service or this Agreement.
13.2 The Parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable and any other issue arising pursuant to the Agreement.
13.3 In the event of a dispute as to fees and charges arising pursuant to clause 10.6, the Customer shall notify FocusNet of any dispute in writing no later than 21 days from the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of the dispute. Failure to make such a notification within the time frame shall be deemed to be a waiver of the Customer‟s rights to dispute the relevant invoice.
13.4 If a dispute of any kind cannot be resolved by negotiation between the Parties within 10 days or such further period as the Parties agree is appropriate, then within the following 10 days the Parties must seek to agree a timetable for resolving the dispute through mediation by a mediator agreed upon by the parties, or if the Parties cannot agree, a mediator appointed by the Australian Commercial Disputes Centre or any body which replaces it. Each Party will bear their own costs of mediation and pay one half of the mediator‟s costs.
13.5 During the existence of any dispute, the Parties must continue to perform all of their obligations under the Agreement, without prejudice to their position in respect of any dispute unless the Parties agree otherwise in writing. The Customer must continue to make payment of all Fees or part thereof which are not the subject of a dispute.
13.6 A Party may not commence court proceedings or arbitration relating to any dispute arising from or connected with this Agreement unless that Party has complied with the preceding sub-clauses of this clause 13.
13.7 Nothing in this clause prevents either Party from applying to a court for urgent injunctive or other interlocutory relief.
Disputes Procedure. 12.1. A procedure for the avoidance or resolution of disputes about matters covered by this Agreement and or the NES, will apply in the enterprise covered by this Agreement. The mechanism and procedures for resolving industrial disputes will be the following:
12.2. The Employee/s concerned will first meet and confer with their immediate supervisor. The Employee/s may appoint another person to act on their behalf including a shop xxxxxxx or delegate of the Union.
12.3. Where the shop xxxxxxx or delegate is involved he/she shall be allowed the necessary time during working hours to interview the Employee/s and the supervisor.
12.4. If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The Employee may invite a Union official or other nominated representative to be involved in the discussions. The Employer may also invite into the discussions an officer of the employer organisation to which the Employer belongs or other nominated representative.
12.5. The shop xxxxxxx or delegate shall be allowed at a place designated by the Employer, a reasonable period of time during working hours to interview the duly accredited Union officials of the Union.
12.6. If the matter remains unresolved, the Employer may refer it to a more senior level of management or to a more senior national officer within the employer organisation. The Employee may invite a more senior Union official to be involved in the discussions.
12.7. In the event of the matter remaining unresolved, either party may refer the matter to the FWC for conciliation and, if necessary arbitration. The decision of the FWC shall be final subject to any right of appeal under the FW Act.
12.8. In order to facilitate the procedure in this clause.
12.9. The party with the grievance must notify the other party at the earliest opportunity of the grievance.
12.10. Throughout all stages of the procedure all relevant facts must be clearly identified and recorded.
12.11. Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the disputes resolution procedures are carried out as quickly as possible.
12.12. While the parties are attempting to resolve the matter the parties will continue to work in accordance with this Agreement and their contract of employment unless the Employee has a reasonable concern about an imminent risk to his or her health and s...
Disputes Procedure. 15.1 In the event of any dispute arising during the course of employment the following procedure will apply. The objectives of this procedure are the resolution of disputes, or matters that may give rise to a dispute, by measures based on consultation, co - operation and discussion.
15.2 An employee may, at any step in the procedure, appoint a representative ( including an organisation or association). Unless revoked by the employee, the appointment will continue for any subsequent steps of the procedure.
15.3 A representative may do all the things which the procedure authorises an employee to do.
15.4 While this procedure is being followed, employees will continue to work in accordance with their contract of employment and comply with lawful and reasonable directions given by the Company. However, employees will not be required to perform any work where the employee holds a reasonable concern about an imminent risk to the employees‟ health or safety.
15.5 The steps in this procedure are as follows:
STEP 1: In the event of a dispute an employee/s will attempt to resolve the dispute with the employee‟s immediate supervisor. If the dispute is unresolved the employee may refer the dispute to step 2.
STEP 2: The relevant manager and/or the Manager‟s representative, and the employee will attempt to resolve the dispute. Unless otherwise agreed such attempt will take place within 24 hours after the referral by the employee, if the dispute remains unresolved it may be referred by the employee to step 3. Any referral to step 3 must be in writing. The written notice of dispute must contain these details: - The location of the dispute - The subject of the dispute - The particulars of the dispute - At least one proposed resolution of the dispute.
STEP 3: Consistent with this agreement, a dispute may commence at this level by the provision of a written notice which contains the same details as identified in step 2. More senior management and the employee will attempt to resolve the dispute. If the dispute is not resolved, the Company will issue to the employee a written notic e setting out the Company‟s decision. This notice will include, where relevant, the date of implementation, which will be no earlier than 3 working days from the date of the notice. To avoid doubt, this means the disputed changes will not be implemented until the 3 working day period has ended. Where the dispute remains unresolved, it may be referred to step 4 by way of an application to Fair Work...
Disputes Procedure. It is the intention of the parties that all disputes arising out of the interpretation or application of this Agreement shall be dealt with at the local level to the maximum extent possible. The parties acknowledge that notwithstanding the words contained in the steps of this procedure, the procedure applies equally to a dispute raised by an employee or to a dispute raised by the Company. There will not be any stoppage of work either by the Company or employees whilst the procedure contained herein is being followed.
Disputes Procedure. It is agreed that the resolution of disputes and grievances need to be handled in an open and constructive manner that avoids adverse impact on the customers, the business and the employees. Disputes arising from the application of this clause will be resolved following the Grievance and dispute prevention and settlement process in this Agreement, Clause 3.1. Without prejudice to either party, work will continue in accordance with the Agreement while the matters in dispute are being dealt with in accordance with these procedures.
