Common use of Disputes Procedure Clause in Contracts

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.

Appears in 4 contracts

Samples: Multi Enterprise Agreement, Multi Enterprise Agreement, Multi Enterprise Agreement

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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.. PART C – Classification, Rates of Pay and Related Matters

Appears in 4 contracts

Samples: Multi Enterprise Agreement, Multi Enterprise Agreement, Independent Schools NSW/Act Standards Model (Teachers) Multi Enterprise Agreement 2021

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: : (a) 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 Schoolschool. The reference to his or her nominee applies to a Teacher as well as the Principal; Teachers may also be represented for purposes of this clause 6. 14. (b) 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. . (c) 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 Commissioner 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 Commissioner 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. . (d) 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 school to perform other available work, either at the same workplace or at another workplace. . (e) In directing a Teacher to perform other available work, the School 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 teacher or that other work; and (ii) whether that work is appropriate for the Teacher to perform.

Appears in 3 contracts

Samples: Independent Schools NSW Teachers (Hybrid Model) Multi Enterprise Agreement 2021, Multi Enterprise Agreement, Multi Enterprise Agreement

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 Commissioner may: (i) arrange conferences of the parties or their representatives at which the Member of the Fair Work Commission Commissioner 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 Commissioner 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.. PART C – Classification, Rates of Pay and Related Matters

Appears in 2 contracts

Samples: Multi Enterprise Agreement, Multi Enterprise Agreement

Disputes Procedure. Subject to the provisions of the Act, Act all grievances, claims grievances or disputes in relation to matters arising under this Agreement or the NES National Employment Standards shall be dealt with in the following manner: : (a) Any grievance or dispute which arises shall, where possible, be settled by discussion between the Teacher Employee 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. . (b) Should the matter not be resolved, it may be referred by either party to the Fair Work Commission, or any other person agreed between the parties, for conciliation. . (c) 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;; and (ii) the Fair Work Commission may require the attendance of the parties or their representatives;; and (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 havein relation to the dispute. A Teacher . (d) An Employer or an Employee may appoint another person, organisation or association to accompany and/or represent them for the purpose of clauses 6(a)– (c). (e) An Employee 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 Employee 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. . (f) In directing a Teacher an Employee 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 work health and safety that apply to that Teacher Employee or that other work; and (ii) whether that work is appropriate for the Teacher Employee to perform.. PART C – Classification, Rates of Pay and Related Matters

Appears in 1 contract

Samples: Independent Schools Act (Support and Operational Staff) Multi Enterprise Agreement 2021

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Disputes Procedure. Subject to the provisions of the Act, Act all grievances, claims grievances or disputes in relation to matters arising under this Agreement or the NES National Employment Standards shall be dealt with in the following manner: : (a) Any grievance or dispute which arises shall, where possible, be settled by discussion between the Teacher Employee 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. . (b) Should the matter not be resolved, it may be referred by either party to the Fair Work Commission, or any other person agreed between the parties, for conciliation. . (c) During the conciliation the Member of the Fair Work Commission mayCommissionmay: (i) arrange conferences of the parties or their representatives at which the Member of the Fair Work Commission is present;; and (ii) the Fair Work Commission may require the attendance of the parties or their representatives;; and (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 . (d) AnEmployee 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 Employee 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. . (e) In directing a Teacher anEmployee 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 Employee or that other work; and (ii) whether that work is appropriate for the Teacher Employee to perform.. PART C – Classification, Rates of Pay and Related Matters

Appears in 1 contract

Samples: Multi Enterprise Agreement

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: : (a) 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. school. (b) 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. . (c) 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 Commissioner 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 Commissioner 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. . (d) 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 school to perform other available work, either at the same workplace or at another workplace. . (e) In directing a Teacher to perform other available work, the School 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 teacher or that other work; and (ii) whether that work is appropriate for the Teacher to perform.

Appears in 1 contract

Samples: Independent Schools NSW (Teachers) Multi Enterprise Agreement 2015 2017

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 Commissioner may: (i) arrange conferences of the parties or their representatives at which the Member of the Fair Work Commission Commissioner 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 Commissioner 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.. PART C –

Appears in 1 contract

Samples: Multi Enterprise Agreement

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