Disputes Resolution Procedure Sample Clauses

Disputes Resolution Procedure. 11.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. The Parties to this Agreement are committed to complying with the terms of this procedure.

Disputes Resolution Procedure. This Agreement recognises the union as a legitimate representative of the employees covered by this Agreement. However, employees are free to be represented or not represented by industrial associations. 14.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. The parties to this Agreement are committed to complying with the terms of this procedure.

Disputes Resolution Procedure. This Agreement recognises the union as a legitimate representative of the employees covered by this Agreement. However, employees are free to be represented or not represented by industrial associations. 14.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. The parties to this Agreement are committed to complying with the terms of this procedure. Disputes relating to any of the following must be dealt with according to the procedure in this clause: • any matter arising under this Agreement; • the NES; and any matter pertaining to the relationship between the employer and the employees. Provided that nothing in this clause prevents a party to the dispute from applying to a court for orders in relation to contraventions of civil remedy or penalty provisions.

Disputes Resolution Procedure. 10.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 10.2 In the event of any work related grievance arising between the Company and an employee or employees, the matter shall be dealt with in the following manner: a. The matter shall be first submitted by the employee/s or his/her employee representative or other representative to the site foreperson, supervisor or the other appropriate site representative of the Company, and if not settled, to a more senior Company representative. b. Alternatively, the Company may submit an issue to the employee/s who may seek the assistance and involvement of the employee representative or other representative. c. Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. d. If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or other representative of the employee, and senior Company representative. e. The relevant union official commits to make him/herself available to be involved at any stage of the procedure as required, or in respect of any potential dispute. f. Should the matter remain unresolved either of the parties or their representative shall refer the dispute at first instance to the Victorian Building Industry Disputes Panel (which shall deal with the dispute in accordance with the Panel Charter. g. Either party may, within 14 days of a decision of the Panel, refer that decision to the Australian Industrial Relations Commission (AIRC) for review. The AIRC may exercise its conciliation and/or arbitration powers in such review. 10.3 Any outcome determined by the Victorian Building Industry Disputes Panel or the AIRC pursuant to this procedure will not be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Workplace Relation...

Disputes Resolution Procedure. 14.1 The purpose of this clause is to provide a process to resolve workplace disputes. It is agreed that the parties to this Agreement will confer in good faith with a view to resolving the matter by direct negotiation and consultation. 14.2 To ensure effective consultation between the employer, its employee(s) and the Union on all matters pertaining to the employment relationship, including the application of this Agreement, the following procedure will be followed in an effort to achieve a satisfactory resolution of any dispute or grievance: 14.2.1 Step 1. Any grievance or dispute which arises will, where possible, be settled by discussion on the job between the employee and the supervisor. 14.2.2 Step 2. If the matter is not resolved at step 1 it will be discussed further between the affected employee and their supervisor. If the employee elects they can be represented by a: (i) shop xxxxxxx; (ii) Union organiser; (iii) Union secretary or their delegate; or (iv) another representative selected by the employee.

Disputes Resolution Procedure. 49.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 49.2 In the event of any work related grievance arising between the enterprise and an employee or employees, the matter shall be dealt with in the following manner: 49.2.1 The matter shall be first submitted by the employee/s or the employee representative under this Agreement (if requested by the employee/s) or by another representative if requested by the employee/s to the site foreperson, supervisor or the other appropriate site representative of the enterprise, and if not settled, to a more senior enterprise representative.

Disputes Resolution Procedure. In the event of a question, dispute or difficulty arising at a branch: (a) The matter shall first be raised with the local management and agreement sought. (b) If the dispute is not resolved at this level, the matter may be discussed between the Union delegate (or, where there is no elected delegate at the company, the Union delegate of employees of the host employer) and the local Manager. (c) Should the dispute remain unresolved, the matter may be referred to an official of the Union , who shall discuss it with senior management. (d) In the event of no agreement being reached at this stage, the dispute will be referred to the Industrial Relations Commission of New South Wales. While the procedure is being followed, normal work will continue.

Disputes Resolution Procedure. 45.1 If a dispute relates to: (a) a matter arising under the agreement; or (b) the National Employment Standards; this term sets out procedures to settle the dispute. 45.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 45.3 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. 45.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission. 45.5 The Fair Work Commission may deal with the dispute in 2 stages: (a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 45.6 A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. 45.7 While the parties are trying to resolve the dispute using the procedures in this term: (a) an employee must continue to perform his 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 (b) 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. 45.8 The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term.

Disputes Resolution Procedure. 9.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 9.2 In the event of any work related grievance arising between the Company and an Employee or Employees, the matter shall be dealt with in the following manner: a. The matter shall be first submitted by the Employee/s or his/her Employee representative or other representative to the site foreperson, supervisor or the other appropriate site representative of the Company, and if not settled, to a more senior Company representative. b. Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. c. If still not resolved, there may be discussions between the representative of the Employee/s, and senior Company representative/s. e. If the matter remains unresolved, then either party may refer it to the Australian Industrial Relations Commission (AIRC)or it’s successor. The AIRC may exercise its conciliation and/or arbitration powers provided that any outcome determined by the AIRC will not be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Workplace Relations Act 1996 or the Building and Construction Industry Improvement Act 2005) as may be amended. Both Parties retain their legal rights of appeal. This procedure shall be followed in good faith without unreasonable delay.

Disputes Resolution Procedure. 9.1 The general principle underlying this dispute resolution procedure is to provide a process enabling disputes to be resolved speedily and effectively. 9.2 The parties shall each be under a general obligation to negotiate in good faith with the other in relation to any dispute of whatever nature arising in connection with this Agreement. Nothing contained in this Section 9 shall prevent either party seeking any interim or interlocutory relief from the Court or taking any necessary action in order to fulfil its statutory duties and/or mitigate any possible losses and to ensure that relevant deadlines and timetables are met. The implementation of this dispute resolution procedure shall continue (unless the Parties agree otherwise) notwithstanding any such action taken. The dispute procedure is as follows: 9.3 Stage 1 - Negotiation between the Parties Neither party shall refer any dispute to Stage 2 of this dispute resolution procedure or to the Fast Track Procedure unless they have first taken reasonable steps to notify and discuss the dispute with the other Party and to resolve it amicably. The reasonable steps to be taken by either Party shall take into account:  all surrounding circumstances of the dispute; and  the urgency of obtaining a resolution to the dispute; and  the likelihood (or otherwise) of settling the dispute in negotiation with the other Party. 9.4 Stage 2 - Internal Dispute Resolution Where a dispute has not been resolved at Stage 1 of this Dispute Resolution Procedure either party may at any time formally refer such dispute to the Locality Board to seek resolution. Such referral to the Locality Board shall be by way of a written notice giving short particulars of the dispute and referring to this Dispute Resolution Procedure. The Locality Board shall without delay arrange to meet to discuss and seek to settle the dispute by agreement. If through the discussions of the Locality Board at the said meetings the Parties are unable to resolve the dispute then the dispute shall be referred immediately after the meeting to:  the Chief Executive Officer in the case of The Trust; and  the Corporate Director with responsibility for Social Care in the case of the Council. They shall meet at the earliest practicable time to discuss and seek to settle the dispute. 9.5 Stage 3 - Mediation If the matter can still not be resolved by agreement between the Parties, the Parties shall attempt to settle the dispute by mediation in accordance with the Ce...