Common use of Disputes Procedure Clause in Contracts

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 Australia (FWA). The application to FWA must be lodged within 3 working days of the employee receiving written notice of the Company‟s decision. For the purposes of this clause a “working day” shall be any day other than Saturday, Sunday or public holiday. STEP 4: Where an application is lodged in accordance with step 3 the Company will not implement the disputed changes until this step is completed. Where the application is lodged after 3 working days from the notice referred to in step 3, the company may implement the change and the matter may only proceed to conciliation. FWA will first attempt to resolve the dispute by conciliation. The employee and the company will act expeditiously and without delay to progress the dispute. Due consideration will be given to any recommendation made by FWA. Where the dispute pertains to the application or interpretation of this Agreement or an alleged breach of this Agreement and, where the dispute remains unresolved following conciliation FWA is authorised to resolve the dispute by private arbitration . To the extent necessary the following powers are conferred upon FWA: - Making procedural directions as to the time, place and conduct of the conciliation or arbitration; - Directing the parties as to the manner of receiving submissions, including requiring formal submissions; - Hearing oral submissions; - Taking written submissions; - Hearing evidence by oath or affirmation; - Conducting inspections; and - Determine the representation of the parties applying the same criteria as contained in S596 of the Fair Work Act 2009. The Company or an employee will not be represented by a legal practitioner during the conciliation and/or arbitration unless: - The consent of the other party to such representation is obtained; or - The legal practitioner is a permanent employee of the Company or of the employee‟s representative Organisation or Association; or - Where FWA grants leave to appear in accordance with the powers granted herein. Where the dispute is subject to private arbitration, the decision of FWA is binding.

Appears in 1 contract

Samples: Corporate Enterprise Agreement

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Disputes Procedure. 15.1 24.1 In the event of any dispute arising during the course of employment employment, including disputes in relation to the NES or requests for flexible working arrangements, the following procedure will apply. . 24.2 The objectives objective of this procedure are is the resolution of disputes, or matters that may give rise to a dispute, by measures based on consultation, co - co-operation and discussion. 15.2 24.3 An employee may, at any step in the procedure, appoint a representative ( (including an organisation Organisation or associationAssociation). Unless revoked by the employee, the appointment will continue for any subsequent steps of the procedure. 15.3 24.4 A representative may do all the things which the procedure authorises an employee to do. 15.4 24.5 While this procedure is being followed, employees status quo will continue to work in accordance with their contract of employment and comply with lawful and reasonable directions given by the Companyapply. However, employees will not be required to perform any work where the employee holds a reasonable concern about an imminent risk to the employees‟ employees' health or safety. 15.5 24.6 The steps in this procedure are as follows: STEP Step 1: In the event of a dispute an employee/s will attempt to resolve the dispute with the employee‟s employee's immediate supervisor. The status quo which existed prior to the emergence of the dispute shall be observed until the dispute is resolved. Step 2: If the dispute is unresolved remains unresolved, the employee may refer the dispute to step 2. STEP 2: The relevant manager and/or the Manager‟s manager's representative, and the employee will attempt to resolve the dispute. Unless otherwise agreed such attempt will take place within 24 hours five (5) working days after the referral by the employee, if . Step 3: If the dispute remains unresolved it may be referred by unresolved, or consistent with this Agreement a dispute is commenced at this step, the employee to step 3. Any referral to step 3 must be in writing. The will provide the Business with a written notice of dispute must contain these details: - The dispute. (i) the location of the dispute - The dispute; (ii) the subject of the dispute - The dispute; (iii) the particulars of the dispute - At dispute; (iv) 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 Business will issue to the employee a written notic e notice setting out the Company‟s Business's decision. This notice will include, where relevant, the date of implementation, which will be no earlier than 3 five (5) working days from the date of the notice. To avoid doubt, this means the disputed changes will not be implemented until the 3 five (5) 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 Australia (FWA). The application to FWA must be lodged within 3 working days of the employee receiving written notice of the Company‟s decision. For the purposes of this clause a "working day" shall be any day other than Saturday, Sunday or public holiday. STEP Step 4: Where an application is lodged in accordance with step 3 the Company will not implement the disputed changes until this step is completed. Where the application is lodged after 3 working days from the notice referred to in step 3, the company may implement the change and the matter may only proceed to conciliation. FWA will first attempt to resolve the dispute by conciliation. The employee and the company will act expeditiously and without delay to progress the dispute. Due consideration will be given to any recommendation made by FWA. Where the dispute pertains to the application or interpretation of this Agreement or an alleged breach of this Agreement and, where the dispute remains unresolved following conciliation FWA is authorised unresolved, it may be referred to resolve the dispute by private arbitration . To the extent necessary the following powers are conferred upon FWA: - Making FWC. (i) making procedural directions as to the time, place and conduct of the conciliation or arbitration; - Directing ; (ii) directing the parties Parties as to the manner of receiving submissions, including requiring formal submissions; - Hearing ; (iii) hearing oral submissions; - Taking ; (iv) taking written submissions; - Hearing ; (v) hearing evidence by oath or affirmation; - Conducting ; (vi) conducting inspections; and - Determine ; (vii) determine the representation of the parties Parties applying the same criteria as contained in S596 s.596 of the Fair Work Act 2009Act. The Company Business or an employee will not be represented by a legal practitioner during the conciliation and/or arbitration unless: - The : (i) the consent of the other party to such representation is obtained; or - The or (ii) the legal practitioner is a permanent employee employee” of the Company Business or of the employee‟s employee's representative Organisation or Association; or - Where FWA or (iii) where the FWC grants leave to appear in accordance with the powers granted herein. Where the dispute is subject to private arbitration, the decision of FWA the FWC is binding. 25.1 Employees will be engaged on a permanent basis. Employees will be engaged to work full-time or part-time. 25.2 At any stage full time or part-time employees may apply to become engaged on a reduced hours or concessional basis pursuant to clauses 29 and/or 31. 25.3 Unless otherwise specified in this Agreement, the terms and conditions of employment detailed in this Agreement apply to all employees regardless of the basis on which they are engaged. 25.4 Employees will not be engaged on a fixed term or casual basis. 25.5 The Parties are committed to: 25.5.1 Full flexibility in the performance of employee duties including the requirement to perform a wider range of duties. This may include work which is incidental or peripheral to their core qualifications, tasks, responsibilities, functions, licensing and/or legislative requirements as outlined in the relevant classification competencies contained within this agreement and associated position descriptions. 25.5.2 Not requiring an employee to perform a task that is outside the employee’s competence or to promote xx-xxxxxxxx.

Appears in 1 contract

Samples: Traincrew Enterprise Agreement

Disputes Procedure. 15.1 18.1 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 - co- operation and discussion. 15.2 18.2 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 18.3 A representative may do all the things which the procedure authorises an employee to do. 15.4 18.4 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 18.5 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 manager‟s representative, and the employee will attempt to resolve the dispute. Unless otherwise agreed agreed, such attempt will take place within 24 hours after the referral by the employee, if . 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 notice 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 Australia (FWA). The application to FWA must be lodged within 3 working days of the employee receiving written notice of the Company‟s decision. For the purposes of this clause a “working day” shall be any day other than Saturday, Sunday or public holiday. STEP 4: holiday Where an application is lodged in accordance with step 3 the Company will not implement the disputed changes until this step is completed. Where the application is lodged after 3 working days from the notice referred to in step 3, the company may implement the change and the matter may only proceed to conciliation. FWA will first attempt to resolve the dispute by conciliation. The employee and the company will act expeditiously and without delay to progress the dispute. Due consideration will be given to any recommendation made by FWA. Where the dispute pertains to the application or interpretation of this Agreement agreement or an alleged breach of this Agreement agreement and, where the dispute remains unresolved following conciliation FWA is authorised to resolve the dispute by private arbitration . To the extent necessary the following powers are conferred upon FWA: - Making procedural directions as to the time, place and conduct of the conciliation or arbitration; - Directing the parties as to the manner of receiving submissions, including requiring formal submissions; - Hearing oral submissions; - Taking written submissions; - Hearing evidence by oath or affirmation; - Conducting inspections; and - Determine Determining the representation of the parties applying the same criteria as contained in S596 of the Fair Work Act 2009. The Company or an employee will not be represented by a legal practitioner during the conciliation and/or arbitration unless: - The consent of the other party to such representation is obtained; or - The legal practitioner is a permanent employee of the Company or of the employee‟s representative Organisation organisation or Associationassociation; or - Where FWA grants leave to appear in accordance with the powers granted herein. Where the dispute is subject to private arbitration, the decision of FWA is binding.

Appears in 1 contract

Samples: Enterprise Agreement

Disputes Procedure. 15.1 23.1 In the event of any dispute arising during the course of employment employment, including disputes in relation to the NES or requests for flexible working arrangements, the following procedure will apply. . 23.2 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 - co-operation and discussion. 15.2 23.3 An employee may, at any step in the procedure, appoint a representative ( (including an organisation Organisation or associationAssociation). Unless revoked by the employee, the appointment will continue for any subsequent steps of the procedure. 15.3 23.4 A representative may do all the things which the procedure authorises an employee to do. 15.4 23.5 While this procedure is being followed, employees status quo will continue to work in accordance with their contract of employment and comply with lawful and reasonable directions given by the Companyapply. However, employees will not be required to perform any work where the employee holds a reasonable concern about an imminent risk to the employees‟ employees' health or safety. 15.5 23.6 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 employee's immediate supervisor. If The status quo which existed prior to the emergence of the dispute shall be observed until the dispute is unresolved the employee may refer the dispute to step 2resolved. STEP 2: The If the dispute remains unresolved, the relevant manager and/or the Manager‟s manager's representative, and the employee will attempt to resolve the dispute. Unless otherwise agreed such attempt will take place within 24 hours 5 days after the referral by the employee, if . STEP 3: If the dispute remains unresolved it may be referred by unresolved, or consistent with this agreement a dispute is commenced at this step, the employee to step 3. Any referral to step 3 must be in writingwill provide the Business with a written notice of dispute. The written notice of dispute must contain these details: - : i. The location of the dispute - dispute ii. The subject of the dispute - dispute iii. The particulars of the dispute - dispute iv. 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 Business will issue to the employee a written notic e notice setting out the Company‟s Business's decision. This notice will include, where relevant, the date of implementation, which will be no earlier than 3 5 working days from the date of the notice. To avoid doubt, this means the disputed changes will not be implemented until the 3 5 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 Australia (FWA). The application to FWA must be lodged within 3 working days of the employee receiving written notice of the Company‟s decision. For the purposes of this clause a "working day" shall be any day other than Saturday, Sunday or public holiday. STEP 4: Where an application is lodged in accordance with step 3 the Company will not implement the disputed changes until this step is completed. Where the application is lodged after 3 working days from the notice dispute remains unresolved, it may be referred to in step 3, the company may implement the change and the matter may only proceed to conciliationFair Work Commission (FWC). FWA The FWC will first attempt to resolve the dispute by conciliation. The employee and the company Business will act expeditiously and without delay to progress the dispute. Due consideration will be given to any recommendation made by FWAthe FWC. Where the dispute pertains to the application or interpretation of this Agreement or an alleged breach of this Agreement and, where the dispute remains unresolved following conciliation FWA the FWC is authorised to resolve the dispute by private arbitration arbitration. To the extent necessary the following powers are conferred upon FWA: - the FWC: i. Making procedural directions as to the time, place and conduct of the conciliation or arbitration; - ; ii. Directing the parties as to the manner of receiving submissions, including requiring formal submissions; - ; iii. Hearing oral submissions; - ; iv. Taking written submissions; - ; v. Hearing evidence by oath or affirmation; - ; vi. Conducting inspections; and - ; vii. Determine the representation of the parties applying the same criteria as contained in S596 s.596 of the Fair Work Act 2009. The Company Business or an employee will not be represented by a legal practitioner during the conciliation and/or arbitration unless: - The : i. the consent of the other party to such representation is obtained; or - The or ii. the legal practitioner is a permanent employee employee” of the Company Business or of the employee‟s employee's representative Organisation or Association; or - Where FWA or iii. where the FWC grants leave to appear in accordance with the powers granted herein. Where the dispute is subject to private arbitration, the decision of FWA the FWC is binding.

Appears in 1 contract

Samples: Enterprise Agreement

Disputes Procedure. 15.1 42.1 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 - co- operation and discussion. 15.2 42.2 An employee may, at any step in the procedure, appoint a representative ( (including an organisation Organisation or associationAssociation). Unless revoked by the employee, the appointment will continue for any subsequent steps of the procedure. 15.3 42.3 A representative may do all the things which the procedure authorises an employee to do. 15.4 42.4 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‟ employees’ health or safety. 15.5 42.5 The steps Steps in this procedure are as follows: STEP 1: 42.6 In the event of a dispute an employee/s will attempt to resolve the dispute with the employee‟s employee’s immediate supervisor. If the dispute is unresolved the employee may refer the dispute to step Step 2. STEP 2: 42.7 The relevant manager and/or the Manager‟s Managers 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 If the dispute remains unresolved it may be referred by the employee to step 3. . 42.8 Any referral to step 3 must be in writing. The written notice of dispute must contain these details: - The location of the dispute - dispute;  The subject of the dispute - dispute;  The particulars of the dispute - dispute;  At least one proposed resolution of the dispute. STEP 3: 42.9 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. . 42.10 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 notice setting out the Company‟s 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. . 42.11 To avoid doubt, this means the disputed changes will not be implemented until the 3 working day period has ended. . 42.12 Where the dispute remains unresolved, it may be referred to step Step 4 by way of an application to Fair Work Australia (FWA)Australia. The application to FWA Fair Work Australia must be lodged within 3 working days of the employee receiving written notice of the Company‟s Company’s decision. For the purposes of this clause a “working day” shall be any day other than Saturday, Sunday or public Public holiday. STEP 4: 42.13 Where an application is lodged in accordance with step 3 the Company will not implement the disputed changes until this step is completed. Where the application is lodged after 3 working days from the notice referred to in step 3, the company may implement the change and the matter may only proceed to conciliation. . 42.14 FWA will first attempt to resolve the dispute by conciliation. The employee and the company will act expeditiously and without delay to progress the dispute. Due consideration will be given to any recommendation made by FWA. . 42.15 Where the dispute pertains to the application or interpretation of this Agreement or an alleged breach of this Agreement and, where the dispute remains unresolved following conciliation FWA is authorised to resolve the dispute by private arbitration . arbitration 42.16 To the extent necessary the following powers are conferred upon FWA: - Making procedural directions as to the time, place and conduct of the conciliation or arbitration; - arbitration  Directing the parties as to the manner of receiving submissions, including requiring formal submissions; - submissions  Hearing oral submissions; - submissions  Taking written submissions; - submissions  Hearing evidence by oath or affirmation; - affirmation  Conducting inspections; and - .  Determine the representation of the parties applying the same criteria as contained in S596 of the Fair Work Act 2009. 42.17 The Company or an employee will not be represented by a legal practitioner during the conciliation and/or arbitration unless: - The  the consent of the other party to such representation is obtained; or - The  the legal practitioner is a permanent employee of the Company or of the employee‟s employee’s representative Organisation or Association; or - Where FWA grants leave to appear in accordance with the powers granted herein. . 42.18 Where the dispute is subject to private arbitration, the decision of FWA is binding.

Appears in 1 contract

Samples: Enterprise Agreement

Disputes Procedure. 15.1 13.1 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 13.2 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 13.3 A representative may do all the things which the procedure authorises an employee to do. 15.4 13.4 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 13.5 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 manager‟s representative, and the employee will attempt to resolve the dispute. Unless otherwise agreed agreed, such attempt will take place within 24 hours after the referral by the employee, if . 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 notice 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 Australia (FWA). The application to FWA must be lodged within 3 working days of the employee receiving written notice of the Company‟s decision. For the purposes of this clause a “working day” shall be any day other than Saturday, Sunday or public holiday. STEP 4: Where an application is lodged in accordance with step 3 the Company will not implement the disputed changes until this step is completed. Where the application is lodged after 3 working days from the notice referred to in step 3, the company may implement the change and the matter may only proceed to conciliation. FWA will first attempt to resolve the dispute by conciliation. The employee and the company will act expeditiously and without delay to progress the dispute. Due consideration will be given to any recommendation made by FWA. Where the dispute pertains to the application or interpretation of this Agreement agreement or an alleged breach of this Agreement agreement and, where the dispute remains unresolved following conciliation FWA is authorised to resolve the dispute by private arbitration . To the extent necessary the following powers are conferred upon FWA: - Making procedural directions as to the time, place and conduct of the conciliation or arbitration; - Directing the parties as to the manner of receiving submissions, including requiring formal submissions; - Hearing oral submissions; - Taking written submissions; - Hearing evidence by oath or affirmation; - Conducting inspections; and - Determine Determining the representation of the parties applying the same criteria as contained in S596 of the Fair Work Act 2009. The Company or an employee will not be represented by a legal practitioner during the conciliation and/or arbitration unless: - The consent of the other party to such representation is obtained; or - The legal practitioner is a permanent employee of the Company or of the employee‟s representative Organisation organisation or Associationassociation; or - Where FWA grants leave to appear in accordance with the powers granted herein. Where the dispute is subject to private arbitration, the decision of FWA is binding.

Appears in 1 contract

Samples: Enterprise Agreement

Disputes Procedure. 15.1 27.1 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 - co- operation and discussion. 15.2 27.2 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 27.3 A representative may do all the things which the procedure authorises an employee to do. 15.4 27.4 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‟ employees’ health or safety. 15.5 27.5 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 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 manager’s representative, and the employee will attempt to resolve the dispute. Unless otherwise agreed agreed, such attempt will take place within 24 hours after the referral by the employee, if . 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 notice setting out the Company‟s 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 Step 4 by way of an application to Fair Work Australia (FWA). The application to FWA must be lodged within 3 working days of the employee receiving written notice of the Company‟s Company’s decision. For the purposes of this clause a “working day” shall be any day other than Saturday, Sunday or public holiday. STEP 4: holiday Where an application is lodged in accordance with step 3 the Company will not implement the disputed changes until this step is completed. Where the application is lodged after 3 working days from the notice referred to in step 3, the company may implement the change and the matter may only proceed to conciliation. FWA will first attempt to resolve the dispute by conciliation. The employee and the company will act expeditiously and without delay to progress the dispute. Due consideration will be given to any recommendation made by FWA. Where the dispute pertains to the application or interpretation of this Agreement agreement or an alleged breach of this Agreement agreement and, where the dispute remains unresolved following conciliation FWA is authorised to resolve the dispute by private arbitration . To the extent necessary the following powers are conferred upon FWA: - Making procedural directions as to the time, place and conduct of the conciliation or arbitration; - Directing the parties as to the manner of receiving submissions, including requiring formal submissions; - Hearing oral submissions; - Taking written submissions; - Hearing evidence by oath or affirmation; - Conducting inspections; and - Determine Determining the representation of the parties applying the same criteria as contained in S596 of the Fair Work Act 2009. . 27.6 The Company or an employee will not be represented by a legal practitioner during the conciliation and/or arbitration unless: - The consent of the other party to such representation is obtained; or - The legal practitioner is a permanent employee of the Company or of the employee‟s employee’s representative Organisation organisation or Associationassociation; or - Where FWA grants leave to appear in accordance with the powers granted herein. . 27.7 Where the dispute is subject to private arbitration, the decision of FWA is binding.

Appears in 1 contract

Samples: Enterprise Agreement

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Disputes Procedure. 15.1 78.1 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 78.2 An employee may, at any step in the procedure, appoint a representative ( (including an organisation Organisation or associationAssociation). Unless revoked by the employee, the appointment will continue for any subsequent steps of the procedure. 15.3 78.3 A representative may do all the things which the procedure authorises an employee to do. 15.4 78.4 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 78.5 The steps Steps in this procedure are as follows: STEP 1: 78.6 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 Step 2. STEP 2: 78.7 The relevant manager and/or the Manager‟s Managers 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 If the dispute remains unresolved it may be referred by the employee to step 3. . 78.8 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: 78.9 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. . 78.10 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 notice 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. . 78.11 To avoid doubt, this means the disputed changes will not be implemented until the 3 working day period has ended. . 78.12 Where the dispute remains unresolved, it may be referred to step Step 4 by way of an application to Fair Work Australia (FWA)Australia. The application to FWA Fair Work Australia must be lodged within 3 working days of the employee receiving written notice of the Company‟s decision. For the purposes of this clause a working day” shall be any day other than Saturday, Sunday or public holiday. STEP 4: 78.13 Where an application is lodged in accordance with step 3 the Company will not implement the disputed changes until this step is completed. Where the application is lodged after 3 working days from the notice referred to in step 3, the company may implement the change and the matter may only proceed to conciliation. . 78.14 FWA will first attempt to resolve the dispute by conciliation. The employee and the company will act expeditiously and without delay to progress the dispute. Due consideration will be given to any recommendation made by FWA. . 78.15 Where the dispute pertains to the application or interpretation of this Agreement agreement or an alleged breach of this Agreement agreement and, where the dispute remains unresolved following conciliation FWA is authorised to resolve the dispute by private arbitration . arbitration 78.16 To the extent necessary the following powers are conferred upon FWA: - Making procedural directions as to the time, place and conduct of the conciliation or arbitration; - arbitration  Directing the parties as to the manner of receiving submissions, including requiring formal submissions; - submissions  Hearing oral submissions; - submissions  Taking written submissions; - submissions  Hearing evidence by oath or affirmation; - affirmation  Conducting inspections; and - Determine .  Determining the representation of the parties applying the same criteria as contained in S596 of the Fair Work Act 2009. 78.17 The Company or an employee will not be represented by a legal practitioner during the conciliation and/or arbitration unless: - The  the consent of the other party to such representation is obtained; or - The  the legal practitioner is a permanent employee of the Company or of the employee‟s representative Organisation or Association; or - Where FWA grants leave to appear in accordance with the powers granted herein. . 78.18 Where the dispute is subject to private arbitration, the decision of FWA is binding.

Appears in 1 contract

Samples: Coal and Regional Freight Logistics Enterprise Agreement

Disputes Procedure. 15.1 25.1 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 - co- operation and discussion. 15.2 25.2 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 25.3 A representative may do all the things which the procedure authorises an employee to do. 15.4 25.4 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‟ employees’ health or safety. 15.5 25.5 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 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 manager’s representative, and the employee will attempt to resolve the dispute. Unless otherwise agreed agreed, such attempt will take place within 24 hours after the referral by the employee, if . 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 notice setting out the Company‟s 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 Step 4 by way of an application to Fair Work Australia (FWA). The application to FWA must be lodged within 3 working days of the employee receiving written notice of the Company‟s Company’s decision. For the purposes of this clause a “working day” shall be any day other than Saturday, Sunday or public holiday. STEP 4: Where an application is lodged in accordance with step 3 the Company will not implement the disputed changes until this step is completed. Where the application is lodged after 3 working days from the notice referred to in step 3, the company may implement the change and the matter may only proceed to conciliation. FWA will first attempt to resolve the dispute by conciliation. The employee and the company will act expeditiously and without delay to progress the dispute. Due consideration will be given to any recommendation made by FWA. Where the dispute pertains to the application or interpretation of this Agreement agreement or an alleged breach of this Agreement agreement and, where the dispute remains unresolved following conciliation FWA is authorised to resolve the dispute by private arbitration . To the extent necessary the following powers are conferred upon FWA: - Making procedural directions as to the time, place and conduct of the conciliation or arbitration; - Directing the parties as to the manner of receiving submissions, including requiring formal submissions; - Hearing oral submissions; - Taking written submissions; - Hearing evidence by oath or affirmation; - Conducting inspections; and - Determine Determining the representation of the parties applying the same criteria as contained in S596 of the Fair Work Act 2009. The Company or an employee will not be represented by a legal practitioner during the conciliation and/or arbitration unless: - The consent of the other party to such representation is obtained; or - The legal practitioner is a permanent employee of the Company or of the employee‟s employee’s representative Organisation organisation or Associationassociation; or - Where FWA grants leave to appear in accordance with the powers granted herein. Where the dispute is subject to private arbitration, the decision of FWA is binding.

Appears in 1 contract

Samples: Enterprise Agreement

Disputes Procedure. 15.1 21.1 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 21.2 An employee may, at any step in the procedure, appoint a representative ( (including an organisation Organisation or associationAssociation). Unless revoked by the employee, the appointment will continue for any subsequent steps of the procedure. 15.3 21.3 A representative may do all the things which the procedure authorises an employee to do. 15.4 21.4 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 21.5 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 Step 2. STEP 2: The relevant manager and/or the Manager‟s 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 . 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 notice 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 Australia (FWA). The application to FWA must be lodged within 3 working days of the employee receiving written notice of the Company‟s decision. For the purposes of this clause a “working day” shall be any day other than Saturday, Sunday or public holiday. STEP 4: holiday Where an application is lodged in accordance with step 3 the Company will not implement the disputed changes until this step is completed. Where the application is lodged after 3 working days from the notice referred to in step 3, the company may implement the change and the matter may only proceed to conciliation. FWA will first attempt to resolve the dispute by conciliation. The employee and the company will act expeditiously and without delay to progress the dispute. Due consideration will be given to any recommendation made by FWA. Where the dispute pertains to the application or interpretation of this Agreement or an alleged breach of this Agreement and, where the dispute remains unresolved following conciliation FWA is authorised to resolve the dispute by private arbitration arbitration. To the extent necessary the following powers are conferred upon FWA: FWA - Making procedural directions as to the time, place and conduct of the conciliation or arbitration; arbitration - Directing the parties as to the manner of receiving submissions, including requiring formal submissions; submissions - Hearing oral submissions; submissions - Taking written submissions; submissions - Hearing evidence by oath or affirmation; affirmation - Conducting inspections; and . - Determine the representation of the parties applying the same criteria as contained in S596 of the Fair Work Act 2009. 2009 The Company or an employee will not be represented by a legal practitioner during the conciliation and/or arbitration unless: - The the consent of the other party to such representation is obtained; or - The the legal practitioner is a permanent employee of the Company or of the employee‟s representative Organisation or Association; or - Where where FWA grants leave to appear in accordance with the powers granted herein. Where the dispute is subject to private arbitration, the decision of FWA is binding. The resolution of any dispute in accordance with this procedure cannot be inconsistent with the National Code of Practice for the Construction Industry and the Australian Government Implementation Guidelines for the National Code of Practice (or its replacement) or inconsistent with any other legislative obligations.

Appears in 1 contract

Samples: Enterprise Agreement

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