Common use of Disputes Procedure Clause in Contracts

Disputes Procedure. 13.1. Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement shall be settled in the following manner: 13.2. In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them including a union delegate. (a) Any such appointed employee representative may interview the employee(s) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their role. (b) Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 13.2.1. If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 13.2.2. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 13.2.3. If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Australian Industrial Relations Commission (‘the Commission’) for conciliation, and, if necessary, arbitration. Any dispute referred to the Commission should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member of the relevant panel. 13.2.4. Until the matter in dispute is determined, the status quo will prevail.

Disputes Procedure. 13.1. Any dispute or claim (whether any such dispute or claim arises out of in the operation of workplace about matters arising under this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement agreement shall be settled in the following manner: 13.2. 11.1 In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them them, including a union delegate. (a) Any such appointed employee The representative may interview the employee(s) concerned and the supervisor. This appointed employee The representative shall have reasonable access to resources (including photocopier, telephone for use of local calls onlytelephone, fax machine and notice board) to perform their role. (b) Any employee directly involved in the dispute procedure steps may shall be released on either unpaid or paid time at the discretion of the Companytime. 13.2.1. 11.2 If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 13.2.2. 11.3 If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 13.2.3. 11.4 If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Australian Industrial Relations Commission (‘the Commission’) for conciliation, and, if necessary, arbitration. Any dispute referred to the Commission should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member of the relevant panel. 13.2.411.5 The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. 11.6 While the disputes process is being followed, work shall continue without bans or limitations. Until No party shall be prejudiced as to the matter final settlement by the continuance of work in accordance with this subclause. 11.7 Powers of the Commission under the disputes procedure. The parties accept and will allow the Commission to inform itself in respect of a dispute is determinedbefore it in such manner as it considers appropriate. The parties will do all things necessary to assist the Commission in the conduct of matters referred to it, including: (a) Attending proceedings as required; (b) Accepting any process and procedure for the conduct of proceedings considered appropriate by the Commission; (c) Accepting that such process and procedure may involve the taking of evidence on oath, or affirmation. However, the status quo Commission will prevailnot be bound by any rules of evidence; (d) Producing relevant documents (subject to exclusions for legal professional privilege, commercial in confidence documents, or other reason accepted as appropriate by the Commission); and (e) Making persons available whose presence the Commission regards would assist help in the resolution of the matter. 11.7.1 In any process to resolve the disputes, the parties expect the Commission to: (a) Recognise the Company has a responsibility to manage and operate the Company in a safe, reliable and profitable manner; (b) To the extent permitted by law, have regard to the principles and objectives set out in Clauses 6, 7, 8 and 9 of this Agreement; (c) Act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal forms; and (d) Where relevant and circumstances warrant, consider previous decisions of the Commission.

Disputes Procedure. 13.1. 8.1 Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement shall be settled in the following manner: 13.2. (a) In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them them, including a union delegatean appointed/elected employee representative. (ab) Any such appointed If requested by an employee, the elected employee representative may interview the employee(s) concerned and the supervisor. This appointed employee The representative shall have reasonable access to resources (including photocopier, telephone for use of local calls onlytelephone, fax machine and notice board) to perform their role. (bc) Any employee involved in the dispute procedure steps may shall be released on either unpaid or paid time at the discretion of the Companytime. 13.2.1. (d) If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a his/her representative, including the union organiseran appointed industrial relations representative, to be involved in the discussions. 13.2.2. (e) If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union officialan appointed industrial relations representative, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 13.2.3. (f) If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute may be referred to the Australian Industrial Relations Commission (‘the Commission’) for conciliation, and, if necessary, arbitration. Any dispute referred to the Commission should be dealt with by a member of the Commission agreed by the parties at the time or, in default of agreement, a member appointed by the Head of the relevant panel. 13.2.4(g) The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. (h) The parties have the right to be represented and may appoint another person to act on their behalf. (i) While the parties are attempting to resolve the matter, each employee 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 or safety. Until Even if the employee has such a concern, the employee must not unreasonably fail to comply with a direction by the company to perform other available work, whether at the same location or another location that is safe and appropriate for the employee to perform. 8.2 Powers of the Commission under the disputes procedure 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 is determineddispute. This includes the exercising of procedural powers in relation to directions, hearings, witnesses, evidence and submissions which are necessary to make the status quo will prevailarbitration effective.

Disputes Procedure. 13.1. Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement shall be settled in the following manner: 13.2. 9.1 In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them them, including a union delegate. (a) Any such appointed employee 9.1.1 The representative may interview the employee(s) concerned and the supervisor. This appointed employee The representative shall have reasonable access to resources (including photocopier, telephone for use of local calls onlytelephone, fax machine and notice board) to perform their role. (b) 9.1.2 Any employee involved in the dispute procedure steps may shall be released on either unpaid or paid time at the discretion of the Companytime. 13.2.1. 9.2 If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 13.2.2. 9.3 If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 13.2.3. 9.4 If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Australian Industrial Relations Commission (‘the Commission’) for conciliation, and, if necessary, arbitration. Any dispute referred to the Commission should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member of the relevant panel. 13.2.4. 9.5 The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. 9.6 Until the matter in dispute is determined, the status quo will prevail.

Disputes Procedure. 13.1. 11.1 Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement agreement shall be settled in the following manner: 13.2. 11.2 In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them them, including a union delegate. (a) Any such appointed employee The representative may interview the employee(s) concerned and the supervisor. This appointed employee The representative shall have reasonable access to resources (including photocopier, telephone for use of local calls onlytelephone, fax machine and notice board) to perform their role. (b) Any employee involved in the dispute procedure steps may shall be released on either unpaid or paid time at the discretion of the Companytime. 13.2.1. 11.1.2 If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 13.2.2. 11.1.3 If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 13.2.3. 11.1.4 If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Australian Industrial Relations Commission (‘the Commission’) for conciliation, and, if necessary, arbitration. Any dispute referred to the Commission should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member of the relevant panel. 13.2.4. 11.1.5 The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. 11.1.6 Until the matter in dispute is determined, the status quo will prevail.

Disputes Procedure. 13.1. Any a) If a dispute or claim (whether any such relates to: i) a matter arising under this Agreement; or ii) the NES; this term sets out procedures to settle the dispute. b) An Employee who is a party to the dispute or claim arises out may appoint a representative for the purposes of the operation of procedures in this Agreement or not) as to the wages or conditions of employment of any term. A representative can include an authorised representative of the employees covered by this Agreement shall be settled in Union (including a Union site representative) if the following manner:Employee chooses. 13.2. c) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee or Employees and relevant supervisors and/or management. d) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission. e) The Fair Work Commission may deal with the dispute in 2 stages: i) the Fair Work Commission will first attempt to resolve the matter in dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and ii) if the Fair Work Commission is unable to resolve the dispute at the workplace by discussions between first stage, the employee(s) concerned and Fair Work Commission may then: a. arbitrate the relevant supervisor. The employee may appoint another person to represent them including dispute; and b. make a union delegatedetermination that is binding on the parties. (af) Any such appointed employee representative may interview While the employee(sparties are trying to resolve the dispute using the procedures in this term: i) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) an Employee must continue to perform their rolehis or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and ii) an Employee must comply with a direction given by the Employer to perform other available work at the same workplace, or at another workplace, unless: i) the work is not safe; or ii) applicable occupational health and safety legislation would not permit the work to be performed; or iii) the work is not appropriate for the Employee to perform; or iv) there are other reasonable grounds for the Employee to refuse to comply with the direction. (bg) Any employee involved in The parties to the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 13.2.1. If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, agree to be involved in the discussions. 13.2.2. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 13.2.3. If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Australian Industrial Relations Commission (‘the Commission’) for conciliation, and, if necessary, arbitration. Any dispute referred to the Commission should be dealt with bound by a member agreed decision made by the parties at the time or, Fair Work Commission in default of agreement, a member of the relevant panelaccordance with this term. 13.2.4. Until the matter in dispute is determined, the status quo will prevail.

Disputes Procedure. 13.1. 10.1 Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement shall be settled in the following manner: 13.2. 10.1.1 In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them them, including a union delegate. (a) Any such appointed employee The representative may interview discuss the matter with the employee(s) concerned and the supervisor. This appointed employee The representative shall have reasonable access to resources (including photocopier, telephone for use of local calls onlytelephone, fax machine and notice board) to perform their role. (b) Any employee involved in the dispute procedure steps may shall be released on either unpaid or paid time at the discretion of the Companytime. 13.2.1. 10.1.2 If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 13.2.2. 10.1.3 If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 13.2.3. 10.1.4 If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Australian Industrial Relations Commission (‘the Commission’) for conciliation, and, if necessary, arbitration. Any dispute referred to the Commission should be dealt with by a member agreed by the parties at the time or, in default of agreementAgreement, a member of the relevant panel. 13.2.4. 10.1.5 The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. 10.1.6 Until the matter in dispute is determined, the status quo will prevail. 10.2 Powers of the Commission under the disputes procedure 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. 10.3 In order to facilitate the disputes procedure in this clause: 10.3.1 The party with the grievance must notify the other party at the earliest opportunity of the problem; 10.3.2 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and 10.3.3 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.

Disputes Procedure. 13.1. Any dispute 52.1 This Section applies only to disputes over the application or claim (whether any such dispute or claim arises out of the operation interpretation of this Agreement or notagreement. 52.2 Where there is a dispute: (a) as the parties to the wages or conditions of employment of any of the employees covered by this Agreement shall be settled in the following manner: 13.2. In the first instance, the parties dispute will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them including a union delegate.level, including, but not limited to: (ai) Any such appointed employee representative may interview the employee(s) concerned Employee or two or more Employees and their supervisor meeting and conferring on the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their role.matter; (bii) Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 13.2.1. If such discussions do not resolve if the matter in disputeis not resolved at such a meeting, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, up to and including the union organiserManaging Director; (b) any party may appoint, in writing, another person to be involved act on their behalf in the discussions. 13.2.2. If relation to resolving the matter in at the workplace level; (c) the parties to the dispute remains unresolved, the employer may refer it agree to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 13.2.3. If have the matter in dispute is unable to mediated if it cannot be resolved at the workplaceworkplace level; (d) all parties will participate in any mediation process in good faith; (e) Southern Plumbing will pay any fees payable to a mediator; and (f) any party may appoint, and all agreed in writing, another person to act on their behalf in relation to a mediation process. 52.3 Where the dispute remains unsettled after following the steps for resolving it have been takenin clause 52.2, either party may refer notify the dispute to the Australian Industrial AIRC which is empowered by this Agreement to settle the dispute in accordance with Section 709 of the Workplace Relations Commission (‘Act. During any arbitration process conducted by the Commission’) for conciliationAIRC, andit may exercise the procedural powers in relation to hearings, if necessarywitnesses, arbitration. Any dispute referred evidence and submissions which are necessary to make the arbitration effective and must take account of the extent to which the parties to the Commission should dispute complied with the dispute avoidance and settlement procedures. 52.4 Notwithstanding clause 52.3, the parties to the dispute may agree on the powers, functions and procedures to be dealt applied by the AIRC. 52.5 Where the AIRC arbitrates a dispute, the decision of the AIRC will bind the parties to the dispute, subject to either party exercising a right of appeal against the decision to a Full Bench of the AIRC. 52.6 During the time the parties to a dispute are attempting to resolve the matter: (a) the Employees concerned will continue to work in accordance with the terms and conditions of their employment unless they have a reasonable concern about an imminent risk to their health or safety; (b) subject to relevant provisions of any State law concerning occupational health and safety, even if an Employee has a reasonable concern about an imminent risk to their health or safety, the Employee must not unreasonably fail to comply with a direction of Southern Plumbing to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; (c) dispute resolution procedures shall be carried out as quickly as is reasonably practicable; and (d) a party to the dispute shall not commence an action to: (i) obtain a penalty under the Workplace Relations Act; (ii) obtain damages for breach of this Agreement; or (iii) to enforce a provision of this Agreement or the Workplace Relations Act; unless: (iv) the party initiating the action has genuinely attempted to resolve the dispute at the workplace level; and (v) either: (A) a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not requested; (B) mediation was requested by a member agreed by party and that mediation has been completed; or (C) another party to the parties at the time or, in default of agreement, a member of the relevant paneldispute has not complied with this clause. 13.2.4. Until the matter in dispute is determined, the status quo will prevail.

Disputes Procedure. 13.1. Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement shall be settled in the following manner: 13.221.1. In the first instance, event of a dispute arising in the parties will attempt workplace about maters arising under this agreement the procedure to resolve the matter in dispute will be as follows: 21.1.1. The employee and the employee's supervisor meeting and conferring on the matter. 21.1.2. If the matter is not resolved at this meeting, the workplace by parties must arrange for further discussions between the employee(s) concerned employee and the relevant supervisor. The employee may appoint another person to represent them including a union delegate. (a) Any such appointed employee representative may interview the employee(s) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their role. (b) Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 13.2.1. If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussionsmanagement. 13.2.221.1.3. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need cannot apply unless either party requests otherwise. 13.2.3. If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute be referred by agreement of both parties to the Australian Industrial Relations Commission (‘the Commission’) for conciliationresolution. This does not affect the right of either party to a dispute to take other action to resolve the dispute. 21.2. An employee may choose to have an employee representative of their choice, andincluding a Union representative, if necessary, arbitrationto represent and support them at any stage of the dispute resolution procedure. Any representative nominated by the employee pursuant to this dispute resolution procedure will be allowed, at a place designated by the company, the necessary time during working hours to support the employee. 21.3. While the parties attempt to resolve a dispute employees must continue to work as normal in accordance with this agreement and their contracts of employment unless an employee has a reasonable concern about imminent risk to safety or health. In this case, an employee must not unreasonably fail to comply with a direction of the company to perform other available work, whether at the same or another workplace that was safe and appropriate for the employee to perform. 21.4. If a dispute is referred to the Commission should for resolution, the Commission can take any or all of the following actions as it considers appropriate to resolve the dispute: 21.4.1. convene conciliation conferences of the parties or their representatives at which the Commission is present; 21.4.2. require the parties or their representatives to confer among themselves at conferences at which the Commission is not present; 21.4.3. determine whether or not the attendance of a particular person at proceedings will assist in the resolution of the dispute; 21.4.4. where either party requests, make recommendations about particular aspects of a matter about which they are unable to reach agreement; 21.4.5. where the matter, or matters, in dispute cannot be dealt with resolved (including by conciliation) arbitrate or otherwise determine the matter, or matters, in dispute 21.4.6. the Commission may refuse to conduct a member agreed dispute resolution process if the parties have not made a genuine attempt to resolve the matter at the workplace level. 21.5. The Commission must follow due process and allow each party a fair and adequate opportunity to present their case. 21.6. Any determination by the Commission under clause 21 must be in writing if either party so requests, and must give reasons for the determination. 21.7. Any determination made by the Commission under paragraph 21 must be consistent with applicable law and must not require a party to act in contravention of an applicable industrial instrument or law. Where relevant, and circumstances warrant, the Commission can consider previous decisions of the Commission. 21.8. The Commission must approach matters regarding management decisions in accordance with the general principles set out in the XPT case [(1984) 295 CAR 188]. 21.9. The Commission must not issue interim orders, ‘status quo' orders or interim determinations. 21.10. The parties at the time orare entitled to be represented including by legal representatives, in default of agreement, a member of the relevant panelproceedings pursuant to this dispute resolution procedure. 13.2.421.11. Until For the matter in dispute is determined, purpose of this clause “Commission” means the status quo will prevailAustralian Industrial Relations Commission.

Disputes Procedure. 13.1. Any 9.1.1 If a dispute arises about this Agreement, the NES (including subsections 65(5) or claim 76(4)), or any other work-related matter (including a dispute about whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement a workplace right has been breached), shall be settled in accordance with this clause. 9.1.2 The parties to the following manner: 13.2. In the first instance, the parties dispute will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them including a union delegatelevel. (a) Any such appointed employee representative may interview the employee(s) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their role. (b) Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 13.2.1. If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 13.2.2. 9.1.3 If the matter in dispute remains unresolvedcannot be resolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 13.2.3. If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Australian Industrial Relations Fair Work Commission for resolution. In resolving a dispute, the Fair Work Commission may: a) use any of its powers (‘the Commission’including arbitration powers under s739(4)); and b) for conciliationwithout limiting (a) above, and, if necessary, arbitration. Any dispute referred to the Commission should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member of the relevant panel. 13.2.4. Until where the matter in dispute concerns a decision made by the employer, the Fair Work Commission may conduct a merits review and stand in the shoes of the employer and make a fresh decision to resolve the dispute. 9.1.4 Union members are entitled to be represented by their union. Non-members are entitled to be represented by the Union (if it agrees) or a representative of their choice. The employer shall recognise the representative for all purposes involved with the resolution of the dispute. Where an employee representative or Union representative is determinedinvolved, he or shall be allowed the necessary time during working hours to perform all duties required by their role as representative. 9.1.5 The parties to the dispute and their representatives must act in good faith in relation to the dispute and endeavour to resolve the dispute as quickly as possible. 9.1.6 While the dispute is being resolved, the parties will abide by the status quo as existed immediately before the subject matter of the dispute arose. However, the employer may direct an employee to perform different work or work at a different location, on full pay, if it is reasonable to do so to protect the safety, health or welfare of employees. 9.1.7 Subject to any stay or appeal, the parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term. 9.1.8 An employee representative or Union representative shall be allowed to enter the workplace (excluding residential premises) to assist with representing an employee(s) under this clause provided that: (i) prior to seeking entry: (a) a dispute has been submitted to the employer in accordance with this clause, notifying the employer of the nature of the dispute (as far as practicable) and which employees are affected (as far as practicable); (b) a person involved in the dispute has sought the assistance of the representative; and (c) the parties have discussed mutually convenient arrangements for the entry, having regard to the operational requirements of the workplace; (ii) the entry must not be used for any other purpose; and (iii) the representative must not intentionally hinder or obstruct any person, or otherwise act in an inappropriate manner (which does not include actions involved in assisting the relevant employees in respect of the dispute), during the attendance or entry. 9.1.9 Without limiting the rights or obligations of the parties in relation to a breach of this Agreement, any dispute about entry to the workplace will prevailbe dealt with in accordance with this procedure. For the avoidance of doubt, clause 9.1.6 will apply while the procedure is followed.

Disputes Procedure. 13.112.1. Any dispute A procedure for the avoidance or claim (whether any such dispute or claim arises out resolution of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees disputes about matters covered by this Agreement shall be settled and or the NES, will apply in the following mannerenterprise covered by this Agreement. The mechanism and procedures for resolving industrial disputes will be the following: 13.212.2. In the The Employee/s concerned will first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned meet and the relevant confer with their immediate supervisor. The employee Employee/s may appoint another person to represent them act on their behalf including a union delegateshop xxxxxxx or delegate of the Union. (a) Any such appointed employee representative may 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) concerned Employee/s and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their role. (b) Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 13.2.112.4. If such discussions do not resolve the matter in dispute, is not resolved at such a meeting the parties will arrange further discussions involving more senior levels of management as appropriate. The employee Employee may invite a representative, including the union organiser, 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. 13.2.212.5. 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 in dispute remains unresolved, the employer Employer may refer it to a more senior level of managementmanagement or to a more senior national officer within the employer organisation. The employee Employee may invite a representative, including a more senior union official, Union official to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 13.2.312.7. If In the event of the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been takenremaining unresolved, either party may refer the dispute matter to the Australian Industrial Relations Commission (‘the Commission’) FWC for conciliation, conciliation and, if necessary, necessary arbitration. Any dispute referred The decision of the FWC shall be final subject to any right of appeal under the Commission should 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 dealt with by a member agreed by 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 safety. Subject to relevant provisions of any State or Territory occupational health and safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee must not unreasonably fail to comply with a direction by his or her Employer to perform other available work, whether at the time orsame enterprise or another enterprise, in default of agreement, a member of that is safe and appropriate for the relevant panelEmployee to perform. 13.2.4. Until the matter in dispute is determined, the status quo will prevail.

Disputes Procedure. 13.1. 10.1 Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement shall be settled in the following manner: 13.2. 10.1.1 In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them them, including a union delegate. (a) Any such appointed employee The representative may interview the employee(s) concerned and the supervisor. This appointed employee The representative shall have reasonable access to resources (including photocopier, telephone for use of local calls onlytelephone, fax machine and notice board) to perform their role. (b) Any An employee involved in the dispute disputes procedure steps may shall be released on either unpaid or paid time at the discretion of the Companytime. 13.2.1. 10.1.2 If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 13.2.2. 10.1.3 If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 13.2.3. 10.1.4 If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Australian Industrial Relations Commission (‘the Commission’) for conciliation, and, if necessary, arbitration. Any dispute referred to the Commission should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member of the relevant panel. 13.2.4. 10.1.5 The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. 10.1.6 Until the matter in dispute is determined, the status quo will prevail.